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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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?

So you've been in a car accident, and you've filed suit (or are considering a suit) against the other party. However, the idea of going to trial and all the costs involved have you thinking twice.

You just want to be compensated for you injuries and damages as quickly as possible.

Have you considered car accident mediation?

As the use of public transit hits record highs, the chance of buses and trains being involved in an accident also increases. If you've been involved in an accident while riding public transportation -- like the Metrolink crash that injured dozens of commuters in Oxnard, California, today -- you may be wondering if you can get compensation for your injuries.

As it turns out, public transit accidents are treated a little differently from standard fender benders, and those differences can affect your case. Here are a few things that make injury claims involving transit authorities unique:

A simple Google search for "snowmobile accident" returns a distressing number of results, many detailing significant injuries or even deaths. With snowmobile sales on the rise and winter weather feeling more extreme, snowmobile accidents statistics may only get grimmer.

It may be easy to assume that snowmobiles would be treated exactly like automobiles and other vehicles when it comes to accidents. In fact, a 2003 study indicates that snowmobiles cause a higher rate of injuries and fatalities than road traffic.

And there are some areas where the law treats snowmobiles, and their drivers, differently. Here's a general overview of what you need to know:

We may not realize how often we use buses, from airport shuttles to casino tours to intercity transit. And as you can see from the above links, bus accidents happen and people can be seriously injured in bus crashes.

If you've been injured in a bus accident, you may be wondering if you can be compensated for your injuries, and if so, how much. While every accident case is different, some key factors may determine how much you can recover in damages.

Do You Need a Lawyer for Your Car Accident Case?

If you're involved in a car accident, do you need the help of a car accident attorney?

For very minor accidents, filing an insurance claim with your or the other drivers' insurance is often the easiest way to repair damage to your vehicle or to cover medical expenses related to minor injuries. Drivers also have the option of taking a claim for a relatively minor amount to small claims court. But there are other situations in which the assistance of an attorney may be necessary.

When should you consider hiring an attorney to handle your car accident case? Here are a few common scenarios:

5 Things a Truck Accident Lawyer Can Do (That You Probably Can't)

When a vehicle accident involves a big rig semi-truck or other large commercial truck, the potential for those involved to suffer serious injuries or even death may be increased.

One Washington man somehow escaped with not just his life, but also without serious injuries last week when his vehicle was pinned between the trailers of two semi-trucks in a 26-car pileup on Interstate 84 in Oregon. Kaleb Whitby's entire pickup truck was demolished except the small space surrounding his seat, CNN reports. But Whitby escaped with just a few cuts and bruises.

Unfortunately, other drivers can't always count on being so lucky. And injury lawsuits involving commercial truck accidents may require different or additional legal considerations than a typical auto accident, meaning your best move may be to hire an attorney who specializes in truck accidents.

Why should you hire a truck accident lawyer? Here are five things that a truck accident lawyer can do that you probably can't:

Winter Chain-Reaction Crashes: 5 Legal Considerations

With inclement winter weather comes increased odds of being involved in a multiple-vehicle chain-reaction crash.

A winter storm that created whiteout conditions and icy roadways led to one such chain-reaction pileup in Michigan last week. The crash involved a total of 193 vehicles, reports the Lansing State Journal, causing the death of a truck driver and more than two dozen injuries.

What should drivers know about these wild winter wrecks? Here are five legal considerations: