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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Every winter, when the roads get icy, accidents happen. Cars and ice just don’t mix, especially if you throw a hill into the equation.

However, when the cause of two cars colliding is an icy road, the driver that slides is likely to find out that they can blame it on the ice but they can’t escape liability (financial responsibility). This is due to the way that the legal theory of negligence works, which is the most frequently used legal theory in lawsuits stemming from auto accidents.

When a pedestrian or cyclist gets hit by a car, it is a frightening experience. Cars are large, heavy objects that, even at low speeds, can cause severe injuries to individuals.

After a car accident with a pedestrian, it is important for the pedestrian to take a few steps to ensure that they will be able to hold the at-fault driver accountable, similarly to a regular car accident. While it may be impossible for an injured pedestrian to do anything after getting hit by a car, if they are able to do the following, it may greatly improve their legal prospects.

If you've been injured in a car accident, you'll generally need to prove two main elements to win a lawsuit for damages: that the accident was someone else's fault, and that you were injured. Evidence of your physical injuries, as well as the financial costs of medical care and lost wages, will often be the most important details of your case. So what medical evidence will you need for your car accident case?

Here's a look:

When protesters take to the streets to have their voices heard, drivers that get stuck in traffic often suffer the consequences. While most drivers are simply made late getting to and from where they need to be, drivers that get caught in the thick of a march or protest face a much scarier situation.

In most states, even when protestors are illegally marching in the street, if a driver hits a protester, they could face both civil and potentially criminal legal liability. However, in states like North Dakota and Tennessee, legislatures are trying to pass laws that would provide limited civil and criminal immunity to drivers that injure protesters who are obstructing traffic.

Snapchat, which achieved notoriety for its disappearing picture messaging app, has pulled off a different kind of vanishing act, but this time in court. The app company was being sued as a result of their speed filter for photos that the plaintiffs alleged encourages unsafe driving. Snapchat managed to have the case against it dismissed recently via a court motion, although the driver that caused the car accident while Snapchat-ing was not so fortunate and remains in the lawsuit.

Snapchat’s speed filter works by overlaying the speed a person is traveling on top of their snap (or photo). In the lawsuit, the injured driver plaintiff alleged that the defendant driver that caused the accident was not only using the Snapchat app at the time of the accident, but was deliberately speeding in order to take pictures using the speed filter showing a high rate speed.

Although Snapchat claims that they warn users not to “snap” and drive, the plaintiffs were seeking to hold the app maker liable, particularly because there have been other dangerous accidents caused by the irresponsible use of this particular filter and Snapchat had been put on notice of the dangers.

Most of us look at a fender bender and think we don't need a lawyer. Even victims in more serious car accidents will wonder if hiring an attorney is too expensive or worth the cost. And while it's true that lawyers don't often provide legal services for free, not hiring one could end up costing you even more in the long run.

The total cost of hiring a car accident attorney will depend on both the particular attorney and the particulars of your case, but there are some general principles regarding legal fees, so here's a look.

Since the majority of us no-time-for-breakfast commuters will never have the pleasure of eating a full gourmet meal while being chauffeured around in the back of a Rolls Royce, for food to qualify for breakfast, it must be edible with one hand.

Distracted driving has been a problem ever since people started driving. However, the popularity of smart phones has actually forced state lawmakers to deal with the dangers of distracted driving head on. While no state explicitly bans eating while driving, nearly every state has some form of general distracted driving law that can likely be applied to the dangerous practice. Like texting, eating while driving can result in serious accidents.

On the heels of the lawsuit filed against Apple for the death of 5 year old Moriah Modisette due to an auto accident caused by a FaceTime-ing driver, a class action lawsuit has been filed against Apple alleging that the tech giant prioritized profits over customer and public safety. In the new case against Apple, the driver, Julio Ceja, was rear ended by a driver that was texting on their iPhone.

While the class action does not seek monetary damages for Ceja’s back injury, it is looking to hold Apple accountable for not implementing a driver “lock-out” feature, which they hold a patent for. The allegations in the two lawsuits are closely related in that they both blame Apple for not implementing a feature that would prevent drivers from being distracted by their smart phones’ many distracting features.

The first question in any car accident is normally, whose fault was it? And if one of the drivers involved was tailgating or following the car ahead too closely, that person will generally be liable. Maintaining a safe distance between you and the car in front of you, and being able to stop before hitting that car, are essential elements to using due care when driving.

There are some car accident liability issues particular to tailgating accidents, however. Here are a few.

Auto accidents are scary enough on their own, but when you are pregnant and get in a car crash, the level of fright is rather escalated. It is estimated that nearly 300 to 1,000 pregnancies are lost each year as a result of car crashes. While expectant parents are rarely thinking in terms of liability when disaster strikes, if the expectant parent was injured as a result of someone else’s negligence, both the parent and unborn child may have strong legal claims.

Unfortunately, according to a 2014 study, pregnant women are more likely to be involved in a car accident because being pregnant can result in being more easily distracted while behind the wheel for various reasons.

Depending on the state, a person can be held liable for the injury to an unborn child, or for the wrongful death of an unborn child. Regardless, if an unborn child is injured, or dies, the parent’s own injury claim can assert their own damages as a result of the lost pregnancy.