Whether it's a head-on collision, side impact, or rear-end, a car crash can leave you struggling with hefty medical bills and financial strain. Your physical and mental health may also worsen after sustaining an injury in a car accident.
Although you may be entitled to compensation for injury-related losses, you must establish negligence. You should prove that the at-fault party owed you a duty of care, breached it, and directly caused your injuries.
Insurance companies may also attempt to shift blame or minimize your claim. A skilled car accident lawyer has the experience and resources to investigate your crash, gather evidence, and counter insurance company tactics.
They can also handle every step of the legal process, including filing your claim, negotiating a fair settlement, or pursuing litigation.
Key Takeaways
- Car accidents range from minor parking lot fender-benders to catastrophic head-on collisions.
- Proving negligence is the foundation of a successful compensation claim
- Common crash types include rear-end, intersection, lane change, head-on, and weather-related accidents.
- Evidence like police reports, photos, and witness statements can establish fault.
- Lawyers negotiate with insurers, calculate damages, and litigate when necessary.
- Legal representation can significantly improve claim outcomes.
- Call a car accident attorney for support if injured in a car crash.
Most Common Types of Car Accidents
Here are the most common types of car accidents:
Rear-End Collisions
They represent the most frequent type of car accident, which occurs when drivers follow too closely, become distracted, or fail to brake in time. While often considered minor, rear-end crashes can cause serious injuries, including whiplash, traumatic brain injuries, and spinal damage.
The trailing driver is usually at fault, though exceptions exist in cases involving sudden stops or mechanical failures.
Intersection Accidents
Intersection accidents happen when drivers run red lights, fail to yield right-of-way, or misjudge oncoming traffic when turning. These crashes often result in severe T-bone or side-impact collisions that can cause catastrophic injuries due to the limited protection on vehicle sides.
Lane Change Accidents
Lane change crashes occur when drivers fail to check blind spots, signal improperly, or merge unsafely. These incidents frequently involve multiple vehicles, leading to chain-reaction crashes on busy highways.
Head-On Collisions
Head-on collisions are among the most devastating accidents, often caused by drunk driving, distracted driving, or drivers crossing center lines. Despite being less common, these crashes have the highest fatality rates due to the combined impact forces.
Head-on collisions cause life-threatening injuries, including:
- Traumatic brain injury
- Spinal cord injury
- Internal organ damage
- Severe burns
- Multiple fractures
- Severe blood loss
Single-Vehicle Accidents
They involve only one car but can result from various factors, including poor road conditions, weather, mechanical failures, or driver error. A car accident lawyer can establish liability by investigating road maintenance, vehicle defects, or third-party negligence.
Parking Lot Accidents
They mostly occur at low speeds but remain surprisingly common due to limited visibility, pedestrian traffic, and confusing right-of-way rules. These incidents often involve disputes over fault determination.
Weather-Related Accidents
These crashes occur in adverse conditions like rain, snow, or fog. While the weather doesn't excuse negligent driving, the injured party should demonstrate that the driver's action contributed to the crash.
Each car crash type presents a unique legal challenge. A car accident attorney can investigate every aspect of your crash, identify all liable parties, and fight for comprehensive compensation for your economic and non-economic damages.
Can I Sue After a Car Accident
While insurance settlements resolve many car accidents, certain circumstances require filing a lawsuit. A lawsuit allows a judge or attorney to make a neutral assessment of your case, which mostly leads to a higher settlement value.
Here are a few reasons you should sue after a car accident:
Severe or Permanent Injuries
When car accidents result in life-altering injuries such as traumatic brain injuries, spinal cord damage, amputations, or severe burns, the long-term financial impact often exceeds what insurance companies willingly offer.
Severe injuries require extensive medical treatment, rehabilitation, adaptive equipment, and home modifications that can cost hundreds of thousands of dollars over a lifetime. Permanent disabilities may prevent victims from returning to work, creating substantial lost income claims that insurance adjusters frequently undervalue.
Litigation allows accident victims to present comprehensive evidence of their current and future needs. A judge and jury can, thereafter, issue an award that covers your injury-related losses.
Insurance Company Bad Faith Practices
Insurance companies have a legal duty to handle claims fairly and in good faith. You may have grounds to sue for breach of contract and bad faith claims when an insurer:
- Engages in bad faith practices such as unreasonably delaying claim processing
- Refuses to investigate the claim
- Offers settlements far below actual damages without justification
These lawsuits can result in compensation beyond the original policy limits and may include punitive damages designed to punish the insurer's misconduct.
Disputed Liability or Fault Determination
When insurance companies or other parties dispute who caused the accident, litigation may be necessary to establish fault through a comprehensive investigation and professional testimony.
Disputes often arise in crashes involving multiple vehicles, unclear traffic situations, or conflicting witness accounts. Accident reconstructionists, traffic engineers, and medical professionals can provide testimony that insurance adjusters may ignore, but courts will carefully consider.
Inadequate Insurance Coverage Limits
Many drivers carry only the minimum insurance coverage required by law, which often proves insufficient for serious accidents. When the at-fault driver's policy limits don't cover your damages, you may need to explore additional sources of compensation through litigation.
A car accident lawsuit can pursue the driver's assets, identify other liable parties, or access your underinsured motorist coverage through legal action.
Multiple Liable Parties
Some car accidents often involve multiple potentially responsible parties beyond just the drivers. These may include vehicle manufacturers for defective parts or government entities for dangerous road conditions.
You can also pursue compensation from employers for negligent hiring or vehicle maintenance, or establishments that served alcohol to intoxicated drivers.
A car accident attorney can identify and pursue all liable parties in legal investigations. Holding multiple parties liable for their injuries often necessitates formal litigation.
Wrongful Death of a Family Member
When car accidents result in fatalities, surviving family members may pursue wrongful death lawsuits to recover damages, including funeral expenses, lost future earnings, loss of companionship, and emotional suffering.
These cases require careful calculation of the deceased person's economic contribution and the intangible value of their relationship with survivors. A car accident attorney can review evidence, explain state laws, and determine if your case meets the legal requirements for a wrongful death claim.
Insurance Company Denying Valid Claims
You can pursue litigation when insurance companies wrongfully deny legitimate claims. Some of the reasons insurers use to deny claims include policy interpretation disputes, coverage exclusions, or claimed investigation findings.
An experienced car accident lawyer can challenge these denials and compel insurers to honor their obligations to policyholders.
How to Prove You Are Not at Fault in a Car Accident
Proving you're not at fault in a car accident can help maintain your insurance rates and secure fair compensation for damages. While insurance companies conduct their own investigations, having strong evidence supporting your claim significantly strengthens your position.
Here are different sources of evidence to prove you’re not at fault in a car crash:
- Witness Statements: Eyewitness accounts can support other sources of evidence to establish fault. Obtain contact information from individuals who saw the accident and are willing to provide statements supporting your version of events.
- Police Report: Official police reports document the details of the accident, including officer observations, statements from involved parties, and any citations issued. A well-documented police report can prove reckless actions by the other driver.
- Traffic Laws: Knowledge of traffic laws and regulations can aid in proving your compliance during the accident. A car accident attorney will use the applicable laws to strengthen your argument that you were not at fault.
- Photos and Videos: Visual evidence, such as photos and videos of the accident scene, vehicle damage, skid marks, and road conditions, can provide a visual perspective of the crash.
- Damage Assessment: A professional assessment of the damage to the vehicles involved can help determine the point of impact and the sequence of events.
- Medical Records: Medical records with details of the injury and treatment sustained in the accident can support your claim of innocence. A car accident attorney can use medical records to prove the extent of your injury and substantiate your compensation claim.
- Professional Opinions: Consulting with accident reconstructionists or other professionals can provide professional testimony to support your case. Professional opinions can offer valuable insights and analysis to reinforce your assertion that the negligent actions of the at-fault party contributed to the crash.
- Communication Records: Written correspondence, such as emails, texts, or social media messages, related to the accident can also serve as evidence. For example, a text from the other driver admitting fault can strengthen the claim.
How Can a Lawyer Help After a Car Accident
Establishing the Value of Losses
Experienced car accident attorneys have the skills to accurately calculate the value of your losses, which extend far beyond immediate medical bills. Lawyers work with medical professionals, economists, and vocational specialists to determine current and future medical expenses, lost earnings, and non-economic damages like pain and suffering.
They understand how to document lifestyle changes, emotional trauma, and long-term care needs that insurance companies often overlook or undervalue.
Negotiating With Insurers
Insurance companies employ trained adjusters to minimize their financial obligation. A car accident lawyer levels the playing field by understanding insurance tactics, policy language, and legal precedents that support higher settlements.
They handle all communication with insurers, preventing clients from inadvertently making statements that can harm their claims. They know when initial offers are unreasonably low and use their negotiation skills to secure fair compensation without the stress and time commitment that self-representation requires.
Litigating the Matter in Court
An experienced car accident attorney can take your case to trial when negotiations fail to produce adequate settlements. The threat of skilled litigation often motivates insurance companies to offer more reasonable settlements during talks.
A car accident lawyer understands court procedures, evidence rules, and effective trial strategies that maximize the chances of favorable verdicts. They can present compelling cases using expert witnesses, demonstrative evidence, and persuasive arguments to establish liability and damages.
Get Trusted Legal Support After an Injury in a Car Crash
If an injury keeps you out of work for an extended period, you may find it challenging to meet your household's needs. Expensive medication, diagnosis, physician bills, and other medical expenses cam also disrupt your finances.
You, therefore, deserve representation from an attorney who’ll face the insurer and fight for the deserved compensation for your losses. A car accident lawyer can use evidence to deal with insurers or initiate court action to protect your legal right to compensation.
Get in touch with a car accident lawyer to protect your legal rights.
Frequently Asked Questions
Do I Really Need to Hire a Lawyer After a Car Accident?
Yes, hiring a car accident lawyer can increase your claim's chances of a positive outcome.
Lawyers understand insurers’ tactics, calculate damage values, including future costs, negotiate effectively, and aren't afraid to go to trial. Insurance companies offer higher settlements when facing experienced attorneys who have solved similar crash cases.
Can I Handle Communication With the Insurance Company Myself?
While you can communicate with insurance companies yourself, it's risky. Insurance adjusters are trained to minimize payouts and may use your statements against you.
Experienced traumatic brain injury attorneys have the skills to handle all communications, protecting you from tactics designed to frustrate your right to compensation.
Can I Still Claim Compensation if I Was Partially at Fault?
Yes, you can still claim compensation even if partially at fault. Most states follow shared fault laws, allowing recovery of damages even when partially at fault. Even so, your degree of responsibility will reduce your compensation value by the same percentage.
For example, if you're 20 percent at fault, you can recover 80 percent of damages. Our car accident lawyer will work to minimize your fault percentage and maximize your compensation.