Of all personal injury claims made in the United States each year, car accidents comprise a substantial portion. Despite the high number of accidents, most injuries can be attributed to only a few causes, such as:
- Driving while intoxicated
- Driving too fast
- Failing to follow traffic laws
- Distractions
- Driving with no license
- Inclement weather
Most car accident injury claims are resolved in civil court, and monetary damages are awarded. However, some car crashes have criminal consequences, especially if the at-fault driver had drugs or alcohol in their system.
How a Car Accident’s Cause Affects the Case’s Outcome
If an accident involves dangerous or reckless behavior, the damages awarded are often higher than those in cases of simple negligence. For example, if a person is speeding through a parking lot, they’re disobeying the law–and if they cause an accident with injuries, they can face both criminal and civil action. Lawsuits can result in the awarding of punitive damages, which can be very high.
By comparison, an accident caused by inclement weather can result in substantially lower damages. In fact, if the defendant isn’t found guilty of a violation, they may not have to pay damages at all. The nature of a collision can sometimes dictate who’s at fault–for example, with a rear-end impact, the following driver is usually found to be at fault because they’re following too closely.
Contributory Negligence
In some instances, the injured party can be partially to blame for the accident. If a driver was hit at an intersection, but both cars were speeding, both drivers share the blame. In some jurisdictions, comparative or contributory negligence laws affect the damages awardable to the plaintiff. Some state courts reduce the amount, or disallow damages completely.
Hiring personal injury lawyer in Stoughton for a Car Accident Claim
If you’ve been involved in a car accident and need to make a claim, understanding the various causes of accidents can be a great help. You should also hire personal injury lawyers Stoughton to ensure that your rights are protected. An attorney can tell you more about the laws in your area, and they can help you through the complex litigation process.
