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.


Recently in Motor Vehicle Accidents Category

Rental car companies make renting a car really easy. You walk in, show someone a driver's license, provide a credit card, sign a couple pieces of paper, and you're ready to drive. With smartphones and apps, it is becoming even easier. However, rental car companies frequently are doing quite a bit behind the scenes to make sure you are who you say you are, and that you are really licensed.

Ordinarily, when a person causes a car accident, they will be held liable for the damages and injuries they cause. In most states, if the owner and driver of the car are different people, the vehicle's owner can also be found liable under a theory of negligent entrustment. Additionally, if a vehicle owner lends or rents a vehicle that has not been properly maintained, they may also be found liable for an accident that results from that improper maintenance.

A recent case out of Los Angeles is making headlines for the $1 million verdict awarded by the jury. The plaintiff in the case was a 65 year old man who suffered from degenerative back problems, and claimed not to be injured at the scene of the accident. The accident was characterized as a low impact crash. While there may be a couple eye-opening facts about this case, the settlement negotiations are the most shocking. Before trial, plaintiff offered to settle for $60,000, and the defense only offered $20,000. While jury verdicts are routinely expected to be larger than settlement offers, this massive of a gap is rare.

Another fact that some might find shocking is that the plaintiff was awarded the large verdict despite having a pre-existing condition before the accident. This is due to the eggshell plaintiff doctrine, which basically says that a defendant is responsible for the damages they cause another person, even if that person is as fragile as an egg. While a defendant may think it is unfair, if the shoe were on the other foot, that thought would likely change. Being extra-susceptible to injury is scary.

As family, friends, and the community mourn in the aftermath of last month’s fatal school bus crash in Tennessee, the parents of victims are beginning to file lawsuits against the bus operator. The school bus struck a mailbox and utility pole, flipped onto its side, then hit a tree. The tragic crash left six young children dead, and numerous other children injured.

As of this week, three lawsuits have been filed against the school bus operator. The lawsuits allege that the bus was not driven safely, and that the resulting injuries are a result of the unsafe operation. The most recent case was filed by the parents of a young girl that suffered a traumatic brain injury which will require life-long care.

When large pile-up accidents occur, figuring out who is to blame can sometimes be impossible. Liability depends on how the accident happened, and for every vehicle involved in the accident, there will be a different account of what happened. Frequently, multi-vehicle accidents require accident reconstruction experts to figure out who is to blame.

Nearly all car accidents are the result of negligence, and most multi-car accidents are the result of multiple instances of negligence. At the end of the day, it may be that multiple individuals are liable for damages, or that no one can be held liable.

Attention Deficit Hyperactivity Disorder, better known as ADHD, is a recognized medical condition that has seen a rapid rise in the number of annual diagnoses since the early 1990s. Among the primary symptoms sufferers experience is an inability to maintain focus, or attention, as well as impulsiveness.

Since the rise in the number of diagnosed cases, researchers have turned their attention to how ADHD affects drivers. Shockingly, researchers have found that young drivers who have ADHD are more likely to get in a car accident than drunk driving adults.

Clearly you would not have lent your car out if you knew the person borrowing it was going to get into an accident. And, clearly, you weren't the one behind the wheel. So other than making sure all the damage gets fixed, the wreck really isn't your problem, right?

Not so fast, my friend. There are some circumstances where you could be liable for another person's accident in your car. Here's what you need to know.

Flu season is upon us, which means quite a few folks will be driving while sniffling, either hopped up on decongestants or hoping they don't have to sneeze while rolling up to a stop sign. (And just so you know, yes, you can get a DUI for driving while on cold medicine.)

But that's not the half of it -- two recent studies found that driving with a cold could be as dangerous as drunk driving. So is getting behind the wheel with the sniffles really as bad as driving after a snifter or two?

Personal injury cases are among the most frequently handled cases by private attorneys for individuals. Injury cases are more challenging for unrepresented parties because they usually do not have the experience of dealing with the big insurance companies or the big insurance company’s attorneys to know how to negotiate the best deal.

Below are 5 of the most common questions people ask about personal injury cases, ranging from the most basic to the most important.

All too frequently, children are injured in driveway backover accidents. These accidents tend to occur when children are playing in the driveway, behind a vehicle. Sometimes the vehicle gets put in neutral or the brake is disengaged on accident by another child playing inside the car. Sometimes it’s a relative, friend, or neighbor who just didn’t expect a child to be sitting down in the middle of their driveway when they decided to back out. However it happens, the injuries can range mild to devastating to death.

When a backover accident occurs, liability may not be clear cut as different situations can lead to some unexpected results. Keep in mind that over 70 percent of backover accidents involving children are caused by parents or close relatives. The elderly are the next largest segment of backover victims, but it is much more rare to find an elderly person playing underneath or directly behind a car. 

Car accidents happen every day. Often, when a person causes an accident, their first instinct is to apologize and admit fault. However, in many situations, it is best to just be civil, handle the situation by the book, and even if you are at fault, call the police if tensions rise.

Most states simply require drivers to exchange contact and insurance information so long as there are no injuries, and/or the damage is not significant. You do not have to talk about what happened with the other party. Below are 5 tips to help in case you’re liable in a car accident.