Motor Vehicle Accidents: Injured
Injured - The FindLaw Accident, Injury and Tort Law Blog

Motor Vehicle Accidents

Motor Vehicle Accidents are the leading cause of personal injury lawsuits in America. According to the NHTSA, someone in the United States is involved in a car accident every ten seconds. Generally, most lawsuits involving car accidents are brought about using theories of negligence. Sometimes, however, personal injury lawsuits could be brought under the theory of reckless driving, where the driver had a clear disregard for the probability of accident. Other theories under which a motor vehicle lawsuit could be brought are intentional misconduct and even strict liability. Strict liability imposes responsibility regardless of fault, but is usually only ever imposed in cases involving product defects or extra hazardous activities.

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Many of us don't think twice when friends ask to borrow our car. We trust them.

But, what happens when they get into an accident? Are you liable for the damage, even if you weren't driving?

A broken down car can be heartbreaking. You just want your car back and running like new again. And most of the time, car repair shops take good care of us and our automobiles.

But about the times they don't? What happens if you get your car back from the shop with the same problems it had when you sent it in? While you may not know a radiator from a rocking arm, you do have rights when it comes to getting your car repaired the right way.

According to the Insurance Research Council, one in seven drivers in the United States is uninsured.

Usually, in a car accident, the party at fault's insurance covers the damages. But, with nearly 14 percent of drivers uninsured, what do you do when you're unlucky enough to run into one of them? What do you do if you've been hit by an uninsured driver?

What is Subrogation?

You've just gotten into a car crash. You were entirely innocent, and the other driver was 100 percent at fault. Your insurance paid your medical bills and your car repair bills. You think everything is all done. But, the insurer is contacting you and asking questions about what happened and who is at fault. They keep throwing around the words subrogation and lawsuit.

What is subrogation? Should you be worried?

Maybe your neck is still hurting from that fender bender six months ago. Or the other driver still hasn't paid to repair the damage to your car. Either way, how long you have to file a claim following a car accident?

Every legal claim has what is known as a statute of limitation, meaning if don't file your lawsuit within a certain amount of time, you will lose the right to sue forever. These time limits vary depending on jurisdiction and the type of claim involved, so let's take a look at the statute of limitations for car accident claims.

According to the Insurance Institute for Highway Safety (IIHS), neck sprains and strains, also known as whiplash, are the most frequently reported injuries in U.S. insurance claims.

Whiplash is most often associated with high speed rear end collisions. However, whiplash can occur during low speed car accidents or even from a hard smack on the back. Whiplash occurs when the head is whipped forward and back causing damage to the muscles, tendons, and ligaments in the neck.

Whiplash injuries can cause an unthinkable amount of pain and cost you a lot of money. Here are three things to know about whiplash injuries:

There are a few ways to resolve a personal injury claim after an accident. Insurance could cover medical expenses, or a case could go to trial and a jury could issue a verdict and monetary award. The majority of cases, however, are concluded with an out of court settlement.

Often, these settlements are negotiated by attorneys from both sides. But what happens if the other party, or their attorney, contacts you directly, or before you've hired your own attorney? Should you accept an out of court settlement?

Accepting a settlement directly from the other party or without consulting an attorney can be risky -- here are a few things to keep in mind:

Top Personal Injury Questions From FindLaw Answers: March 2015

You've got questions... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at two recent questions from our accident and injury boards:

1. I was injured in a car accident caused by a city bus driver. Is it possible to sue the government? And if I can sue the government, is the process any different from suing a 'regular' (non-government) party?

Ever heard of the saying, "the king can do no wrong"? This question brings up the doctrine of sovereign immunity -- an old legal theory that basically protects the government from being sued without its own permission. Luckily for the original poster, many states have loosened these protections, and now allow people to file claims (personal injury, premises liability, etc.) for injuries caused by government entities.

A driver's car insurance can cover damage that a car inflicts on a bicycle. But does it cover damage that a bicycle may inflict on a car?

Say you're driving down the road, minding your own business, when -- WHAM! -- you get hit by a bicyclist. There are scratches and dents along the side of your car, and your side mirror is gone. Who's going to pay for all of this?

Assuming that the bicyclist is completely at fault, then the bicyclist is responsible for paying for the damages. But, if he can't pay out of pocket, will his car insurance (if he has it) cover the damage?

In a move angering tort reform proponents, a Tennessee judge has ruled that the state's cap on non-economic injury damages is unconstitutional.

Donald and Beverly Clark sued Aimee Cain and AT&T for damages after a car crash in March 2012. The couple sought $22.5 million for pain and suffering damages. Before the jury decided on an award, AT&T moved for partial summary judgment because they wanted to cap any damage award at the legal limit of $750,000. But Hamilton County Circuit Court Judge W. Neil Thomas ruled that the cap on non-economic damages is unconstitutional because it violated the fundamental right to a jury trial.

What is are non-economic damages, and what led up to the judge's ruling?