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

Even with all the new safety technology available -- from motion sensors and backup cameras to self-driving cars -- 2018 produced the most pedestrian fatalities since 1990; that's almost three decades.

What accounted for this continued rise in pedestrian deaths, and what can you do if you're hit by a car? Here's a look.

Truck drivers may do work for large transportation companies and haul products or supplies for even larger manufacturing companies -- but many of them own their own trucks. And if they're in an accident that damages their truck, that can mean repair time that the driver isn't out making money.

Drivers can, however, file what is known as a "downtime claim," and get reimbursed for those losses from the insurance company for whoever was at fault in the accident. Here are more details on downtime claims, whether you might qualify, and how to file them.

How Much Is a Hit and Run Lawsuit Worth?

Being the victim of a hit and run accident is uniquely problematic on so many levels. There's no one to exchange information with, no one to report to your insurance company, no one to interview to determine fault, and no one to sue if you seek punitive damages. But don't think that your hit and run is a worthless lawsuit. It isn't.

Who Is Liable in a Waymo Self-Driving Car Accident?

Waymo plans to offer driverless taxis in Phoenix by year's end, and currently has three dozen driverless cars on the road in Silicon Valley. So now that it's "game on" in the driverless car market, who is liable in the case that one of these driverless cars gets into an accident?

Electric scooters are all the rage -- some people really like them, and the rest of us are mad as hell. Some e-scooter companies have been banned from cities like San Francisco and Santa Cruz after their products have littered sidewalks, caused injuries, and been driven drunk.

And a new class action lawsuit against two of the largest e-scooter companies, Bird and Live, showed "a wanton disregard for the safety of others" by "dumping" scooters on public streets without an appropriate warnings or training. The damage, according to the suit, is tantamount to "aiding and abetting assault."

In the wake of the deadliest U.S. transportation-related accident in almost a decade, the operator of the limousine company whose "Frankenstein vehicle" was involved in the crash was arrested and charged with criminally negligent homicide. And while he is facing criminal liability for the 20 deaths as a result of the accident, he and the limo company may also face civil liability as a "common carrier."

But what are common carriers? And what are their responsibilities under federal and state tort law? Here's a legal roundup.

A tragic limousine accident last weekend killed 17 passengers, the driver, and two pedestrians, rocked the small town of Schoharie, New York, and raised new questions about limo safety, licensing, and legal liability.

According to reports, the modified 2001 Ford Excursion had recently failed a state safety inspection, the driver did not have the proper license to drive the vehicle, and even one of the passengers texted her concerns about the limo before the crash. The vehicle "was not supposed to be on the road," according to New York Governor Andrew Cuomo. So, who is liable for the accident?

Can You Sue for Accidents Caused by Road Bumps?

Having a bad day? It's just a bump in the road. But what if that bump in the road flips your Harley Davidson on top of you, resulting in life altering injuries? Can you sue the government? That's one question Dallas Fisher, a South Carolina resident would like to have answered. He is suing the federal government for $1.7 million after nearly dying in a motorcycle accident when he hit a bump on the Blue Ridge Parkway two years ago. Approximately 14 people die each year on that stretch of dangerous road, and Fisher wants that to end.

Tesla Sued by Driver Over Autopilot Crash, Broken Foot

In yet another Tesla Autopilot crash, Heather Lommatzsch filed suit against Tesla in a Utah state court for negligence, among other claims. She crashed her Tesla Model S into a fire engine in May 2018 while Autopilot was on and she was looking at her phone. Lommatzsch was under the erroneous impression that the car would safely stop on its own if another object, like a fire engine, was in its way. She broke her foot in the accident, but also claims she has lost "the pleasures and enjoyment of life and physical impairment."

It's just a little fender bender, right? Doesn't look like anyone was really hurt, so we can just exchange some insurance information and be on our way, right?

Well, maybe not. Depending on the accident, the damage to the vehicles, and any potential injuries, a minor car accident can turn into a major legal battle. So how do you know if you need to hire an attorney after a car accident?