After a car accident, things can feel chaotic. You’re left to deal with injuries, medical bills, and insurance claims, and it‘s easy to feel lost in the process. Unfortunately, insurance doesn’t always cover everything. You might find yourself in a dispute over fault, stuck with low settlement offers, or facing medical expenses that go beyond what’s covered. In these situations, filing a car accident lawsuit becomes an option worth exploring. At Ethen Ostroff Law, we’re here to simplify the process for you. Whether it’s negotiating a settlement or representing you in court, we’ll make sure you’re treated fairly.
Car Accidents in the United States in 2024
So far in 2024, we’re seeing some promising signs when it comes to car accidents in the U.S.
The number of traffic fatalities has continued to drop. Here’s a quick look at the key stats and trends:
- From January to March 2024, about 8,650 people died in crashes, down 3.2% from 2023’s 8,935 fatalities.
- In the first half of 2024, 18,720 fatalities were reported, a 3.2% decrease from 19,330 deaths in the same period in 2023.
- The fatality rate for the first half of 2024 was 1.17 deaths per 100 million miles traveled, down from 1.21 in 2023.
- Fatalities dropped in 38 states and Puerto Rico, but 18 states and D.C. saw an increase in deaths.
- Texas saw a 3.3% decline in fatalities, with deaths falling from 2,065 in 2023 to 1,997 in 2024.
- Distracted driving, speeding, and driving under the influence continue to be major causes of accidents.
Types of Car Accidents
Car accidents happen in many different ways, and each type brings its own set of risks and causes. Understanding the different types can help you be more aware on the road and know what to expect if you’re ever involved in one. Here are the most common types of car accidents:
- Rear-End Collisions: Rear-end collisions occur when one car crashes into the back of another. These accidents are often caused by distracted driving, tailgating, or sudden stops. Common injuries include whiplash, neck and back pain, and head trauma. Rear-end collisions account for about 29% of all car accidents.
- Side-Impact Collisions (T-Bone Accidents): These accidents happen when the side of one car is hit by the front or rear of another, often at intersections. Common causes include running red lights or failing to yield. Injuries can be severe, including broken bones, head injuries, and neck trauma. Side-impact collisions make up about 10.5% of all car accidents.
- Head-On Collisions: Head-on collisions occur when two vehicles collide from the front, often at high speeds. These accidents are usually caused by driving in the wrong lane, distracted driving, or driving under the influence. Injuries tend to be severe, such as brain injuries and spinal cord damage. Head-on collisions account for around 10% of all car accidents.
- Single-Vehicle Accidents: In a single-vehicle accident, only one car is involved, typically hitting a stationary object or rolling over. These accidents are commonly caused by distractions, speeding, or mechanical failure. Injuries can vary, but they are often severe, depending on the circumstances. Single-vehicle accidents make up about 5.6% of car crashes in the U.S.
- Rollover Accidents: Rollover accidents involve a vehicle flipping onto its side or roof. They are commonly caused by speeding, sharp turns, or off-road driving. These accidents often result in severe injuries or fatalities due to ejection from the vehicle or crushing.
- Sideswipe Accidents: Sideswipe accidents happen when two cars traveling parallel to each other collide on their sides. They are often caused by unsafe lane changes or distracted driving. Injuries range from whiplash to more serious harm, depending on the severity of the impact. About 2.7% of car accidents are side-swipe accidents.
- Multi-Vehicle Collisions: Multi-vehicle collisions involve three or more cars, often in a chain reaction. These crashes typically happen on highways, particularly in high-traffic conditions or bad weather.
Major Causes of Car Accidents
Car accidents in the U.S. are often caused by a mix of preventable factors. Being aware of these common causes can help drivers stay safer on the road. Here are the top reasons behind car accidents:
- Distracted Driving: Distracted driving is the leading cause of accidents. Activities like texting, talking on the phone, eating, or fiddling with in-car tech take a driver’s focus off the road. At any given moment during daylight hours, around 660,000 drivers are using handheld devices while driving.
- Drunk Driving: Driving under the influence of alcohol continues to be a major factor in fatal accidents. More than 10,000 deaths each year are linked to alcohol-related crashes, accounting for roughly 31% of all traffic fatalities in the U.S.
- Speeding: Driving too fast is a major contributor to severe crashes. Speeding is involved in about 30% of fatal accidents, causing over 10,000 deaths annually.
- Drug Impairment: Both illegal and prescription drugs can impair a driver’s ability to stay alert. Many people may not realize that certain medications can affect their driving, leading to accidents.
- Aggressive Driving: Aggressive behaviors like tailgating, changing lanes without signaling, and running red lights often escalate into road rage, making accidents more likely.
- Driver Fatigue: Drowsy driving slows reaction times and impairs judgment. Around 1,000 fatalities each year are attributed to driver fatigue.
- Poor Weather Conditions: Rain, snow, ice, and fog can create dangerous driving conditions by reducing visibility and traction, leading to more accidents in these conditions.
- Running Red Lights and Stop Signs: Ignoring traffic signals is a major cause of accidents at intersections. Around 40% of all car accidents happen at intersections due to running red lights and stop signs.
- Teenage Drivers: Inexperienced drivers, particularly teens aged 16 to 19, are involved in a disproportionate number of crashes. Nearly 292,000 teenagers were treated for injuries from car crashes in one year.
- Unsafe Lane Changes: Failing to check blind spots or signaling when changing lanes can easily lead to collisions.
- Automotive Defects: While less common than human error, vehicle malfunctions can cause accidents. About 4.5% of crashes are attributed to automotive defects.
Common Car Accident Injuries
Car accidents can cause a wide range of injuries, some of which can have lasting effects on the people involved. Here’s a look at some of the most common injuries you might encounter after a car crash:
- Traumatic Brain Injuries (TBI): These occur when the brain is injured due to a blow to the head. TBIs are serious, with around 50,000 deaths a year. Survivors often face long-term disabilities and need extensive care.
- Spinal Cord Injuries: Damage to the spinal cord can cause partial or total paralysis. These injuries usually lead to lifelong disability and require ongoing treatment and rehabilitation.
- Whiplash and Neck Injuries: Whiplash happens when your neck is jolted suddenly in a crash, often resulting in neck pain, stiffness, and headaches. It’s one of the most common injuries, but it can be tricky because symptoms might not show up right away.
- Back Injuries: From simple sprains to herniated discs, back injuries can cause chronic pain and mobility issues. They can range from minor to severe, but all back injuries can be tough to recover from.
- Fractures and Broken Bones: Broken bones, including legs, arms, ribs, and the pelvis, are common in car accidents. These injuries can range from simple fractures that require a cast to more complex breaks that may need surgery.
- Burns: Burns can happen if a car catches fire or if you come into contact with hot surfaces or fluids. Severe burns often require skin grafts and long-term treatment to heal.
- Internal Injuries: Blunt force trauma from the crash can cause internal injuries. Damage to organs can lead to internal bleeding, which needs emergency medical care to treat.
- Facial Injuries: These can include broken bones, cuts, and other disfigurements from impacts with hard surfaces or flying debris. Facial injuries may require reconstructive surgery and can leave lasting scars.
- Limb Loss and Amputation: Some accidents can be severe enough that victims lose limbs or require amputation due to the severity of their injuries. These types of injuries are life-changing, both physically and emotionally.
- Knee Injuries: Knees are vulnerable in crashes, especially during sudden movements or impact with parts of the car. Injuries range from bruises to serious ligament tears, which may need surgery to fix.
- Foot and Ankle Injuries: Injuries to the feet, toes, or ankles are common and can include fractures, sprains, and strains. These can cause significant pain and mobility issues.
- Shoulder Injuries: Shoulders can be injured when drivers brace themselves against the steering wheel during a collision. These injuries often require physical therapy or surgery to fully recover.
- Wrist and Hand Injuries: Wrist fractures are common when a driver instinctively braces themselves during a crash. These injuries can interfere with everyday activities and might require long recovery times.
- Lacerations and Abrasions: Cuts from broken glass or metal are common, and road rash can happen when your skin scrapes against the pavement. These injuries can be painful and leave scars.
Tips to Prevent Car Accidents
Car accidents are often preventable, and with a few simple steps, drivers can make the roads safer for everyone. Here are some practical tips to help reduce the risk of getting into a crash:
- Practice Defensive Driving: Stay alert, anticipate other drivers’ actions, and maintain a safe distance—about three seconds behind the vehicle in front of you. This gives you enough time to react in case of sudden stops or changes in traffic conditions.
- Eliminate Distractions: Keep your attention on the road. Avoid texting, talking on the phone, or fiddling with in-car technology. Even a brief distraction can lead to an accident.
- Follow Traffic Laws: Obey speed limits, stop signs, and traffic signals, and always respect right-of-way rules. Following these basic laws helps maintain order on the road and reduces the chances of collisions.
- Always Wear Your Seatbelt: Buckle up every time you’re in the car, regardless of how short the trip is. Seat belts are one of the most effective ways to protect yourself in an accident.
- Avoid Impaired Driving: Never drive under the influence of alcohol, drugs, or any other substances that impair your judgment and coordination. Arrange for a designated driver or use a rideshare service if needed.
- Stay Alert and Well-Rested: Drowsy driving slows reaction times and impairs judgment. If you’re tired, take breaks during long trips, and avoid driving when you’re fatigued.
- Regularly Maintain Your Vehicle: Ensure your vehicle is in good condition by checking critical parts like brakes, tires, and lights regularly. Preventive maintenance can avoid accidents caused by mechanical failure.
- Adjust to Weather Conditions: Slow down when driving in bad weather—rain, snow, fog, or ice. Reduce your speed and increase following distances to accommodate reduced visibility and traction.
- Be Aware of Your Surroundings: Constantly check your mirrors and blind spots, and stay mindful of other vehicles, pedestrians, and road conditions. Staying aware of what’s happening around you helps prevent surprises.
- Use Your Turn Signals: Always signal early when changing lanes or turning. This gives other drivers plenty of time to react and helps avoid collisions.
- Maintain a Calm Demeanor: Avoid aggressive behaviors like tailgating or road rage. Stay patient, even when other drivers act aggressively. Your calm approach can help prevent dangerous situations.
- Be Mindful of Pedestrians and Cyclists: Watch for pedestrians at crosswalks and give cyclists plenty of space when passing. Yield to pedestrians and be extra cautious in areas where they’re likely to be.
- Limit Night Driving: If you’re not confident driving at night, limit your driving to daylight hours. Reduced visibility and higher accident rates make nighttime driving riskier.
- Educate Yourself on Safe Driving: Stay informed about safe driving techniques and local traffic laws. The more knowledge you have, the better prepared you’ll be to handle any situation that comes your way on the road.
Steps to Take After a Car Accident
After a car accident, it’s important to stay calm and follow certain steps to ensure safety, meet legal requirements, and make the insurance claims process easier. Here’s a guide on what to do right after an accident:
- Stay Calm, Check for Injuries, and Move to Safety: Take deep breaths to stay calm and reduce stress. This helps you make clear decisions. Check yourself and passengers for injuries. If anyone is hurt, call 911 immediately. If you’re seriously injured, try not to move until help arrives. If possible, move your vehicle to a safer spot to avoid further accidents and turn on your hazard lights to alert other drivers.
- Call the Police: Contact law enforcement to report the accident, especially if there are injuries or major damage. The police will create a report which can be important for insurance claims.
- Exchange Information: Swap contact and insurance details with the other driver(s). This includes names and addresses, phone numbers, driver’s license numbers, insurance company names and policy numbers, vehicle identification numbers, and license plate numbers.
- Document the Scene: Take photos of the scene, including vehicle damage, road conditions, and nearby traffic signs. If possible, draw a quick diagram of the accident for future reference.
- Gather Witness Information: If there are any witnesses, get their names and contact info. Their statements might be helpful later during the claims process.
- Notify Your Insurance Company: Report the accident to your insurer as soon as you can. Provide all the necessary details, including the police report number if you have it.
- Seek Medical Attention: Even if you feel fine, some injuries, like whiplash, may not show symptoms right away. It’s a good idea to see a doctor for a check-up.
- Keep Records: Keep a folder with all documents related to the accident, including police reports, medical records, insurance correspondence, and receipts for any expenses related to the accident.
- Additional Considerations: Avoid discussing fault at the scene. Just exchange information and let the authorities figure out who’s liable. If you’re feeling emotionally distressed, talking to a friend or a professional counselor might help.
Legal Considerations After a Car Accident
After a car accident, there are a few important legal steps to take to protect yourself and manage the situation properly. Here are some key legal considerations:
- Report the accident to the police, especially if there are injuries or major damage, and get a copy of the police report for insurance or legal purposes.
- Exchange names, contact details, driver’s license info, and insurance details with the other driver(s).
- Notify your insurance company right away and share all the relevant details.
- If you’re at fault, you might be responsible for paying for damages like medical bills and car repairs. Liability may vary based on the state.
- Even if you feel okay, see a doctor. Some injuries might not show up immediately, and it’s important to keep a record of any medical visits.
- If reckless driving or DUI was involved, you could face criminal charges, including fines or jail time.
- If the other driver was at fault, you may be able to file a car accident lawsuit for compensation.
- Talking to a car accident injury lawyer can help you understand your options and navigate the legal process.
- Most accidents get settled through insurance discussions or agreements between the drivers, so always get any agreements in writing.
- Make sure you know the local traffic laws—they can affect how you handle things after the accident.
Car Accident Lawsuit
A car accident lawsuit is when someone (the plaintiff) takes legal action against another person (the defendant) who they believe caused the accident and resulting injuries or damages. Car accident lawsuits usually happen in civil court, not criminal court. The focus is on helping the injured person recover their financial losses, like medical bills or property damage, rather than punishing the person at fault.
When to Consider an Auto Accident Lawsuit
There are certain circumstances where a car accident lawsuit might be your best option to ensure you get the compensation you deserve. Here’s when you might want to think about taking legal action:
- Injuries from the Accident: If you’ve been injured due to another driver’s negligence or a product defect, like faulty car parts, you might need a car injury lawsuit to help cover medical bills, lost wages, and other expenses related to your injury.
- Property Damage: If your car or personal property is damaged in the crash, and the other driver is at fault, a car crash lawsuit might be necessary to recover repair or replacement costs—especially if the insurance isn’t fully covering the damage.
- Serious or Long-Term Injuries: Injuries like spinal cord injuries or traumatic brain injuries can require extensive treatment and may leave you unable to work. A car accident injury claim or auto accident lawsuit can help you recover medical costs and lost income for the long haul.
- Insurance Doesn’t Cover Enough: Sometimes, the at-fault driver’s insurance doesn’t provide enough compensation for your damages. In this case, a car accident lawsuit might be necessary to ensure you’re fairly compensated, especially if you’re having trouble getting a fair car accident settlement.
- Disputes Over Fault: If the other driver denies responsibility or tries to shift the blame onto you, a lawsuit car accident may be the only way to prove liability and get the justice you deserve.
- Wrongful Death: If a loved one was killed in a car accident due to another driver’s negligence, a car accident injury lawyer can help you file a wrongful death lawsuit to cover funeral costs, loss of income, and emotional damages.
- Third-Party Involvement: In some cases, the cause of the accident isn’t just the driver’s fault but may involve a third party, such as a product defect from the car manufacturer or unsafe road conditions. A car accident injury lawyer can help you pursue legal action against the right party.
If you find yourself in any of these situations, a car accident lawsuit might be your best path to ensure you’re compensated for your losses. Whether you’re dealing with an injury or property damage, a car accident injury lawyer can guide you through the process and help you secure a fair car accident settlement.
Who Can Be Held Liable in a Car Crash Lawsuit
If you’re considering a car accident lawsuit, it’s important to know who you might be able to hold responsible. Here’s a simple list of parties you could potentially sue:
- If the other driver‘s actions (like speeding, texting, or driving under the influence) caused the accident, you can file a car accident injury claim against them.
- If the accident was caused by a vehicle defect (like faulty brakes or airbags), you might be able to sue the car manufacturer or part manufacturer.
- If bad road conditions (like potholes or missing signs) caused the crash, you may be able to file a claim against the local or state government.
- If the at-fault driver was working at the time, their employer could be held responsible through vicarious liability.
- If the driver didn’t own the car, you might be able to sue the car’s owner if they allowed an unqualified driver to operate it.
- In rare cases, if a pedestrian or cyclist caused the accident, they might share liability.
- If your insurer unfairly denies or undervalues your claim, you could potentially sue them for bad faith.
If you’re unsure who to sue or need help with your car accident injury claim, a car accident injury lawyer can guide you through the process.
Legal Claims in a Car Injury Lawsuit
When pursuing a car accident lawsuit, there are several types of legal claims you can make to recover compensation for damages and injuries. Here are the most common claims in car accident lawsuits:
- If the other driver’s careless actions caused the accident (like running a red light or texting while driving), you can file a claim based on their negligence.
- If the accident was caused by a vehicle defect, such as faulty brakes or airbags failing to deploy, you may have a product liability claim against the car manufacturer or parts supplier.
- If unsafe road conditions (like potholes or unclear signs) contributed to the accident, you may have a car accident injury claim against the government entity responsible for maintaining the road under premises liability.
- If the at-fault driver was working at the time of the accident, their employer may be held liable for the damages under vicarious liability.
- In some cases, if the defendant’s actions were particularly reckless (such as drunk driving), the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.
- If a defect in the vehicle (like a faulty airbag) caused the accident, you may be able to make a claim for breach of warranty if the manufacturer didn’t meet safety standards.
A car accident injury lawyer can help you identify the right legal claims based on your specific situation and guide you through the process to ensure you receive the compensation you deserve.
Types of Compensation in Car Accident Lawsuits
If you’re thinking about filing a car accident lawsuit, you might be wondering what compensation you could be entitled to. The amount will vary depending on your specific case, but generally, here are the types of damages you might claim:
- Medical expenses: for treatment now and in the future.
- Lost wages: for time off work and ongoing income loss.
- Pain and suffering: for physical and emotional distress.
- Permanent injuries: like disability or disfigurement.
- Loss of enjoyment of life: if you can’t do the things you once enjoyed.
- Wrongful death: if a loved one died in the accident.
- Property damage: to your car or belongings.
- Punitive damages: for particularly reckless actions, like driving under the influence.
A car accident injury lawyer can help you understand what types of compensation you may be eligible for and guide you through the process to ensure you receive the full amount you’re entitled to.
Statute of Limitations for Car Accident Cases
The statute of limitations sets a strict deadline for filing a car accident lawsuit. Most states give you 2 to 4 years from the date of the accident, though it may vary based on the type of claim or circumstances. Missing this deadline usually means losing your right to sue, so act quickly. Consult a car accident injury lawyer to ensure you meet the filing requirements.
Steps for Filing a Car Accident Lawsuit
Filing a car accident lawsuit might feel like a lot to handle, but knowing the steps can make the process much smoother. If you’re looking to recover damages for injuries, property damage, or other losses, here’s what the process typically involves:
- Consult a car accident injury lawyer to evaluate your case and plan the next steps.
- Collect evidence like police reports, photos, medical records, and witness accounts.
- Your lawyer files your car crash lawsuit, outlining your claims against the responsible party.
- Notify the defendant by serving them with official notice of the lawsuit.
- Exchange evidence and information with the other side during the discovery phase.
- Negotiate a car accident settlement, which often resolves the case without going to trial.
- If no settlement is reached, your auto accident lawsuit goes to court for a judge or jury to decide.
Each step requires attention to detail and timing, so working with an attorney can help ensure a smooth process.
Importance of a Car Accident Injury Lawyer
A car accident injury lawyer can make the legal process much easier. Here’s how they can help:
- Gather evidence to strengthen your car accident lawsuit and prove your case.
- Negotiate with insurance companies to fight for a fair car accident settlement.
- Assess the value of your case to ensure you pursue all the compensation you deserve.
- Handle all legal paperwork and deadlines so you don’t have to stress over the details.
- Represent you in court if your auto accident lawsuit goes to trial.
- Offer guidance on your rights and the best steps to take for your specific situation.
- Take the pressure off so you can focus on recovering from your injuries.
An experienced lawyer at Ethen Ostroff Law can help with your claim. In Pennsylvania, our Pennsylvania car accident lawyer is ready to assist. Outside the state? We can connect you with a trusted car accident injury lawyer near you.
Why You Need Ethen Ostroff Law
At Ethen Ostroff Law, we focus on providing straightforward, practical legal support for car accident cases. Our team works efficiently to help you understand your options, handle the paperwork, and negotiate a fair settlement. We have the experience to guide you through the process, ensuring that you get the compensation you’re entitled to without unnecessary delays or complications. Avail your free consultation now.
Related Questions on Car Accident Lawsuit
How much are most car accident settlements?
Car accident settlements vary based on factors like injury severity and property damage. On average, settlements in the U.S. are around $23,900, but each case is different. Consulting a personal injury attorney can help determine your potential settlement.
How much can you get out of pain and suffering?
Pain and suffering settlements range from a few thousand to hundreds of thousands. The amount depends on the severity and long-term impact of your injuries.
How long do most car accident settlements take?
Car accident settlements can take anywhere from a few weeks to several months, depending on the complexity of the case. An attorney can help speed up the process.
How much is the average car accident settlement in CA?
In California, car accident settlements average between $15,000 and $80,000, but this can vary based on the specifics of the case.
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