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Car Accident Injury Claim: How to Get the Help You Need

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Accidents happen fast. Imagine this: You’re on your way to pick up your kids from school when another driver runs a red light and crashes into your car. Or maybe you’re heading home after a long day at work, only to get rear-ended by someone distracted by their phone. These kinds of accidents can leave you dealing with serious injuries, medical bills, and emotional stress. A car accident injury claim gives you a way to seek compensation for what you’ve been through. It’s about proving the other driver’s negligence caused your injuries and holding them accountable. With Ethen Ostroff Law‘s car accident claim attorney on your side, you can be confident that your case will be handled properly.

Recent Trends in Car Accidents in the U.S.

Car Accident Injury Claim

Car accident statistics show that while we’ve made some progress, there are still significant challenges on the road. Fewer fatalities are a positive sign, but the reality is that accidents continue to affect too many lives and communities. Here’s what the car accident statistics reveal:

  • In early 2024, crashes caused 18,720 deaths—a 3.2% drop from early 2023.
  • Preliminary 2023 data shows 40,990 fatalities, down 3.6% from 2022.
  • In 2022, 42,514 people died in accidents—slightly fewer than in 2021, but still higher than before 2020.
  • The fatality rate per 100 million miles traveled dropped to 1.17 in early 2024, compared to 1.21 in 2023 and 1.33 in 2022.
  • In 2022, the death rate was 12.8 per 100,000 people.
  • Car accidents caused 5.2 million injuries that required medical care in 2022.
  • The total cost of car crashes in 2022 was $481.2 billion, covering medical bills, lost income, and property damage.
  • Mississippi and South Carolina had the highest fatality rates per 100 million miles traveled in 2022.
  • In early 2024, fatalities dropped in 31 states and Puerto Rico but rose in 18 states and Washington, D.C.

 

Main Causes of Car Accidents in the U.S.

Car accidents often happen because of a mix of different factors, like how people drive, road conditions, and even the vehicles themselves. Some common causes include:

  • Distracted driving: like texting, talking on the phone, or eating while behind the wheel. 
  • Speeding: which makes it harder to stop quickly and increases the risk of serious crashes. 
  • Drunk or drugged driving: which slows down reaction times and impairs decision-making. 
  • Reckless driving: including aggressive behaviors like tailgating or running red lights. 
  • Poor weather conditions: like rain or snow, which make roads slippery and reduce visibility. 
  • Driver fatigue: when being tired affects your ability to focus and react to sudden hazards. 
  • Inexperienced drivers: especially young drivers, who may not know how to handle tough situations on the road. 
  • Road hazards: like potholes or debris, that can catch drivers off guard and cause accidents. 
  • Vehicle defects: like faulty brakes or a blown-out tire, which can contribute to crashes or worsen injuries.

Common Types of Car Accidents

Car accidents happen in many different ways, and each type has its own causes and outcomes. Some of the most common types include:

  • Head-on collisions: when two cars crash into each other from opposite directions. These are dangerous and often caused by driving on the wrong side, distractions, or impairment. 
  • Rear-end collisions: when one car hits the back of another. They happen often due to distractions or driver fatigue. 
  • T-bone (side-impact) accidents: when one vehicle strikes the side of another, often at intersections. These are caused by running red lights or failing to yield. 
  • Single-vehicle accidents: where a car hits a fixed object like a tree or guardrail. Common causes include distractions, impaired driving, or aggressive driving. 
  • Sideswipe accidents: when two vehicles traveling in the same direction collide side by side. These are often due to unsafe lane changes or not checking blind spots.

Common Injuries from Car Accidents

Car accidents can be incredibly traumatic experiences that may result in a wide range of injuries, affecting different parts of the body, from mild to severe. Some of the most common types include:

  • Traumatic brain injuries: from head impacts or sudden movements, including concussions. 
  • Spinal cord injuries: which can lead to paralysis. 
  • Internal bleeding: caused by organ or blood vessel damage, which can be life-threatening. 
  • Organ damage: particularly to vital organs like the spleen or liver. 
  • Skull and facial fractures: from impacts with hard surfaces like windshields, leading to brain damage from bone fragments. 
  • Whiplash: from sudden jerking movements, affecting the neck muscles and tendons. 
  • Neck sprains: resulting from crash impacts, causing pain and limited mobility. 
  • Rib fractures: often caused by seatbelt pressure or airbags. 
  • Hip fractures: common in high-impact or side-impact crashes. 
  • Arm and leg fractures: often from trying to protect oneself during an accident. 
  • Bruises and lacerations: from impact with objects or debris. 
  • Burns: from vehicle fires or contact with hot surfaces or fluids. 
  • Limb loss and amputation: in severe accidents where limbs are severed or too damaged.

Car Accident Prevention Tips

Driving safely is key to protecting yourself and others on the road. Here are some straightforward and proven ways to lower the chances of getting into a car accident:

  • Always wear a seatbelt: and ensure all passengers are buckled up. 
  • Don’t drive under the influence: of alcohol or drugs. 
  • Stay focused and avoid distractions: like using your phone or changing the radio. 
  • Keep a safe distance from other cars: to react quickly if needed. 
  • Regularly check your car‘s: brakes, tires, and lights to ensure they’re working. 
  • Make sure your car’s safety features: like airbags and brakes, are in good condition. 
  • Slow down: and keep more distance in bad weather. 
  • Be aware of other drivers: and expect the unexpected. 
  • Take breaks on long trips: to stay alert. Don’t drive if you’re tired. 
  • Use your turn signals: to let others know what you’re doing. 
  • Follow traffic laws: like speed limits and stop signs. 
  • Avoid distractions: like eating or talking while driving.

What to Do After a Car Accident

After a car accident, emotions can run high, but it’s important to stay calm and take the right steps to protect yourself. Here’s what to do:

  • Stay at the scene: Don’t leave until you’ve exchanged information with everyone involved and have permission from law enforcement. 
  • Check for injuries: Assess yourself, your passengers, and others. Call 911 if anyone is hurt. 
  • Call the police: Report the accident and get a police report if there’s property damage or injuries. 
  • Move vehicles (if safe): If no one is seriously injured, move cars off the road to prevent further accidents. 
  • Exchange information: Get the names, contact info, and insurance details of the other driver(s) and any witnesses. 
  • Gather evidence: Take pictures of vehicle damage, the scene, and any nearby traffic signs or cameras. 
  • Watch what you say: Avoid admitting fault or making promises at the scene. 
  • Seek medical care: Even if you don’t feel hurt, see a doctor to check for injuries that might not be obvious. 
  • Write down details: As soon as you can, note everything you remember about the accident. 
  • Notify your insurance company: Report the accident right away, as required by your policy. 
  • Notify the Department of Motor Vehicles (DMV): You may need to file a report with the DMV, depending on your state’s requirements. 
  • Cooperate with your insurer: Answer questions from your insurance company but consult a car accident claim attorney if you feel they aren’t treating you fairly. 
  • Keep records: Save all records related to medical treatment and repairs, as well as any communication about the accident. 
  • Talk to a lawyer: If there are serious injuries or significant damage, speak with a car accident injury lawyer before signing anything from the other party’s insurance.

Legal Implications of Car Accidents

After a car accident, there are important legal steps to consider. These steps can affect your rights and your ability to get compensation. Here’s what you should know:

  • Fault and Liability: The first step is determining who is at fault. This will affect who is responsible for covering damages. Fault can be decided based on evidence, witness statements, and police reports. 
  • Insurance Claims: You’ll need to file a claim with your insurance or the other driver’s insurance, depending on who is at fault. Insurance will help cover property damage, medical bills, and other costs. 
  • Personal Injury Claims: If you’re injured in the accident, you might be able to file a personal car accident injury claim. This could help you recover medical costs, lost wages, pain and suffering, and other damages. 
  • Statute of Limitations: Every state has a time limit for filing a car accident lawsuit after an accident. Missing this deadline can prevent you from getting compensation, so it’s important to act quickly. 
  • Insurance Coverage Limits: Make sure you know the limits of your insurance policy and the other driver’s coverage. If the damage exceeds these limits, you may need to take legal action to cover the rest. 
  • Legal Representation: It’s often a good idea to talk to a car accident injury lawyer, especially if the accident involves serious injuries or disagreements about fault. A car accident claim attorney can help you navigate the legal process and ensure you get fair compensation.

Car Accident Injury Claim

A car accident injury claim is basically when you ask for compensation after an accident that happened because someone else wasn’t being careful on the road. Usually, you’ll make this car crash personal injury claim against the driver or car owner responsible for the crash. However, it’s their insurance company that takes care of everything and decides whether to accept or reject the car accident settlement. You might need to file an auto accident lawsuit if the insurance company offers an unfair settlement or if they argue about who’s at fault to get the compensation you deserve.

Liable or At Fault Parties in a Car Accident

Determining who is at fault in a car accident is crucial to pursuing personal injury claims car accident or car accident lawsuit. Liability can rest with one or more parties, depending on the circumstances surrounding the accident. Below are the most common parties who can be held liable:

  • The other driver: at fault for distracted driving, reckless driving, driving under the influence, or ignoring traffic signals. 
  • Vehicle manufacturer or seller: responsible for faulty brakes, steering, airbags, or mechanical failures. 
  • Vehicle owner: accountable if they let an impaired, unlicensed, or inexperienced driver use their car. 
  • Government or municipality: liable for poor road conditions like unmarked roads, potholes, or missing traffic signs. 
  • Pedestrians or cyclists: sharing fault for jaywalking or running red lights. 
  • Employer: liable if the driver was using a company vehicle, including commercial or rideshare cars. 
  • Insurance company: at fault for delaying claims, offering unfair settlements, or denying coverage improperly.

How to File a Car Accident Injury Claim with Insurance

Filing a car accident injury claim with the insurance company is often the first step in seeking compensation after an accident. Here’s a guide to the process:

  • Report the accident to your insurance company as soon as possible with all necessary details. 
  • If another driver caused the accident, file a car accident injury claim with their insurance and provide their policy details. 
  • Submit proof of your injuries, medical records, and car damage estimates. 
  • Work with the insurance adjuster and answer questions about the accident, injuries, and damages. 
  • Review your insurance policy and the at-fault driver’s coverage limits to know what’s covered. 
  • Insurance may make an offer but be prepared to negotiate if the initial offer isn’t fair. 
  • Choose whether to accept the offer or reject it if it doesn’t cover all your damages.

Steps for Filing a Car Accident Lawsuit

If the insurance company doesn’t offer fair compensation, filing a car accident lawsuit might be necessary. Here are the steps:

  • Speak with car accident injury lawyer to evaluate your case and determine if a car accident lawsuit is needed. 
  • Collect important evidence like police reports, witness statements, photos, medical records, and proof of damages to support your case. 
  • Often, a demand letter is sent to the at-fault party or their insurance company requesting compensation. This may result in a car accident settlement. 
  • Your car accident injury lawyer will file the auto accident lawsuit in court f a settlement isn’t reached and submit the necessary legal documents to start the process. 
  • The at-fault party (defendant) will be officially notified about the car accident lawsuit. 
  • Both parties gather evidence through documents, depositions, and interrogatories to prepare for trial. 
  • Even after filing, there might be a chance to settle outside of court. Your lawyer will negotiate to secure the best possible offer. 
  • If a settlement isn’t reached, your car accident injury lawyer will organize evidence, witnesses, and arguments to prepare for trial. 
  • Both sides present their case in front of a judge or jury, who will decide on the case and compensation. 
  • If the court rules in your favor, you’ll receive compensation for your medical bills, lost wages, pain and suffering, and other damages.

Parties Who Can File an Auto Accident Lawsuit or Injury Claim

Several people may be able to file a car accident lawsuit or car accident injury claim, depending on the situation. Here’s who can pursue a claim:

  • Injured person: seeking compensation for medical bills, lost wages, and pain and suffering. 
  • Passenger injured: in the accident, filing a car crash personal injury claim against the at-fault party. 
  • Family members: filing a wrongful death claim if a loved one dies from the accident. 
  • Vehicle owner: filing a claim for vehicle repairs or loss of use if they weren’t driving. 
  • Employer: if the driver at fault was operating a company vehicle. 
  • Insurance companies: filing a car accident injury claim for policyholders in case of coverage or car accident settlement disagreements

Key Elements to Prove in Car Accident Injury Claims

To win a car accident lawsuit, you need to prove certain elements of negligence. Here’s a breakdown:

  • Duty of Care: Drivers must follow the rules to keep others safe. You’ll need to show the other driver didn’t do this. 
  • Breach of Duty: Prove the driver didn’t meet their responsibility, like speeding or driving drunk. 
  • Causation: Show the accident wouldn’t have happened if the driver wasn’t careless, like texting or speeding. 
  • Proximate Cause: Prove the crash was predictable based on the driver’s actions, like drunk driving. 
  • Injuries (Damages): You need to show you were hurt and lost money, whether from medical bills, missing work, or pain. If you had a previous injury, show the crash made it worse.

Fatal Mistakes That Can Hurt Your Car Accident Injury Claim

After an accident, it’s important to contact a car accident injury lawyer right away. Insurance companies aren’t always on your side, and making certain mistakes can hurt your claim. Here are some key ones to avoid:

  • Not taking photos, getting witness statements, or tracking your injuries can hurt your car crash personal injury claim. 
  • Never admit fault, even if you think you’re responsible. It could be used against you. 
  • Delaying or refusing medical care makes it hard for insurance to take your injuries seriously. Get checked out right away. 
  • Settling too early without knowing how serious your injuries are or talking to a lawyer might leave you with less money. 
  • Don’t lie or stretch the truth. It can ruin your credibility and your claim. 
  • Failing to report the accident to the police makes it harder to prove your case. 
  • Ignoring your doctor’s advice may make insurance think your injuries aren’t serious or got worse because of you. 
  • Accepting a car accident settlement before you have all your medical records can result in a lower payout.

Types of Damages You Can Claim After a Car Accident

When you file a car accident injury claim, you may be able to get compensation for a variety of damages, including:

  • Medical bills: for past and future treatments like surgeries, therapy, and medications. 
  • Lost income: from missing work to recover or from permanent disability. 
  • Costs to repair: or replace your car and other damaged property. 
  • Expenses for in-home care: or physical therapy during recovery. 
  • Compensation for physical pain: and emotional suffering. 
  • Damages for a reduced quality of life: like not being able to do things you enjoyed. 
  • Compensation for mental health impacts: like anxiety, depression, or PTSD. 
  • Additional compensation for permanent injuries: like scars or loss of a limb. 
  • Damages for loss of companionship: if relationships are affected by the accident. 
  • Punitive damages: in extreme cases of reckless or intentional behavior by the at-fault driver.

How Long Do You Have to File a Personal Injury Claim?

In most cases, you have two years from the date of the accident to file a car crash personal injury claim. Miss that window, and you could lose your right to take legal action—your claim becomes “statute-barred.” However, there are some exceptions to the two-year rule, such as:

  • You discovered your injury long after the accident. 
  • You didn’t know who was at fault. 
  • For minors, the two-year limit starts when they turn 18.

Talk to a car accident injury lawyer right away to ensure you file on time and explore any exceptions that might apply to your case.

How a Car Accident Injury Lawyer Can Help

If you’ve been in a car accident, a lawyer can help you with the legal aspects, taking the burden off your shoulders. Here’s how they can assist:

  • Investigating the accident by gathering evidence and talking to witnesses. 
  • Dealing with the insurance company to ensure you get fair compensation. 
  • Calculating the full cost of medical bills, lost wages, and other damages. 
  • Building your case, gathering documents, and handling court appearances if needed. 
  • Providing support and keeping you updated throughout the process.

Why You Should Choose Ethen Ostroff Law After a Car Accident

Nobody gets in their car expecting their day to end with an accident. But for some drivers, passengers, and bystanders, that’s the unfortunate reality. If you’re dealing with the aftermath, whether you need a Pennsylvania car accident lawyer or help finding a car accident claim attorney in another state, Ethen Ostroff Law is ready to step in. We’ll handle the legal challenges so you can focus on moving forward. Reach out for the support you deserve.

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While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

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The Site contains links to third-party websites for the convenience of our users. EO does not endorse any of these third-party sites and does not imply any association between EO and those sites. EO does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such websites, you do so at your own risk. EO is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

EO Clients

Only individuals who have entered into a mutually signed retainer agreement with EO are EO clients (“EO Clients”).

Legal and Ethical Requirements

EO has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements.

Ethen Ostroff Law reserves the right to refer or sell leads that come through any of Ethen Ostroff Law’s marketing.

Ethen Ostroff Law also may sell leads on certain campaigns generated in association with third party marketing companies.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant EO an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to EO and grant the licenses as described above; (b) EO will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

EO takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.

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