Motor Vehicle Accidents
Every year millions of people are injured in motor vehicle accidents—many very seriously.
- Motor vehicle crashes are the leading cause of injury death in the United States for people ages 1-34.
- Motor vehicle crashes took the lives of 5,606 teenagers and 2,027 children in 1999. Older adults, as a group, are also at higher risk of dying from motor vehicle crashes.
- In the United States, 5,220 pedestrians died from traffic related injuries and another 69,000 pedestrian sustained non-fatal injuries in 1999.
- In 1999, 38% of traffic fatalities were alcohol related; either the driver or an affected person (e.g., a pedestrian or a bicyclist) had a blood alcohol concentration of at least 0.10 gram per deciliter (g/dl).
We have handled accident cases for over fifteen years and we use our experience to investigate every possible contributing cause of an accident to ensure that you will receive the fullest possible compensation for you injuries. Our office will investigate facts of the case including taking photos and interviewing witnesses when feasible. We will put the defendant(s) and their insurance companies on notice and obtain a statement of policy limits. We will assist you in finding an appropriate medical specialist who is well versed in writing useful reports in injury cases as well as rendering treatment. In order to settle certain cases and maximize your recovery we are usually able to make arrangements with providers to treat you on the basis of a medical letter of protection, which means that aside from PIP payments from your insurance company, they are only compensated when your case is resolved through settlement or jury verdict.
Automobile accidents are decided under the law of negligence. A person who negligently operates a vehicle may be required to pay any damages caused by his negligence. Courts look to a number of factors in determining whether a driver was negligent. Some examples of these factors include, but are not limited to, the following:
- Driving too fast or too slow
- Driving under the influence of drugs or alcohol
- Failing to signal while turning
- Disregarding weather or traffic conditions
- Disobeying traffic signs or signals
- Failing to drive on the right side of the road
A driver may also be liable for an accident caused by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willfull and wanton disregard for the probability that the driving may cause an accident. In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, a property owner may be liable for an accident when he has impaired driving visibility by failure to prune overhanging branches and leaves. Also, under the law product liability, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile, as in the Firestone tire litigation. A products liability suit is a lawsuit brought against the seller of a product for selling defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product-either in developing, designing or labeling the product-the manufacturer is liable for any injuries the product causes.
In another example, if a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and his repair shop, may be liable for injuries sustained. Finally under "Dram Shop" laws if an accident is caused by an intoxicated driver a bar may be liable for damages sustained if it served an obviously intoxicated guest, who then drives and causes an accident.
In all automobile accidents cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.
If you of a loved one has been injured in a motor vehicle accident, call us at 1-800-559-4320 or contact us online for a FREE consultation to discuss your legal options.