CAR ACCIDENTS

One of the leading causes of death in the United States are car accidents. Thousands of people die every year in car accidents and millions more suffer serious or permanent injury.

Some Sobering Statistics

• The National Highway Traffic Safety Administration reports someone in the U.S. is involved in a car accident every 10 seconds.
• Approximately one third of all car accidents result in injury and nearly one percent result in death.
• At least half of all fatal car accidents occur on roads with speeds limits of 55 mph or greater.
• More than one third of fatal crashes involve alcohol.

Negligence in Car Accidents

Determining negligence in the case of a car accident may not always be clear-cut and often is a legal necessity. This is may be especially true if a police report is filed or legal claim pursued. The law requires drivers to exercise “reasonable care” in the operation of a motor vehicle.  When a driver fails to exercise “reasonable care” they are considered negligent and can be held legally responsible for damages.  Under the law the injured party is required to prove that someone else's negligence caused the accident. This is called burden of proof.  In some case liability may be shared. This is called partial-fault.

Car accidents are often the result of driver negligence and less often due to factors unrelated to the driver.

Common Causes of Car Accidents

• Fails to obey traffic signs or signals Drives above or below the speed limit.
• Fails to use turn signal.
• Drives under the influence of drugs or alcohol.
• Drives recklessly (for example driving at excessive speeds and passing or changing lanes improperly).

Non-driver related causes of car accidents including

• Automobile defect.
• Poorly maintained roads or other highway defects (for example, inadequate design, lighting, construction, or signage).
• Malfunctioning traffic signals.

The automobile manufacturer or the government may be held liable for damages.  However, special rules may also apply to these cases.

The most common injury people sustain in a car accident is whiplash.  Brain and spinal cord injuries, which have a tremendous impact on the survivor, are most commonly the result of serious car accidents. Car accident injuries may also include bruises and abrasions, concussion, broken bones, loss of limb(s), permanent disability, or death.

What To Do If You Have Been Injured in a Car Accident

1. Stay at the scene of the accident unless medical problems require you to leave.
2. Call the police to file a report.
3. Seek medical attention as soon as possible.
4. Make sure to obtain evidence (for example, take photos of damages if possible and keep copies of all important documents including medical records).
5. Contact your insurance company as soon as possible.
6. Do not admit fault or enter into negotiations with the other driver(s) or insurance company(s).
7. Contact a Personal Injury Attorney to make sure your legal rights are protected.

What is a Statute of Limitations

To preserve your rights it is very important to file a cliam within the statute of limitations.

A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated.  For civil actions (Personal Injury), statutes of limitations usually range between one and ten years. The length of these statutes varies from country to country, state to state, or province to province, and often depends on the type of civil action.

In California as of January 1, 2003, the statute of limitations for most personal injury actions (including those resulting from car accidents) is two years from the date of the accident. In Nevada, for example, it is two years and in New Mexico and New York, three.

While a claim maybe filed within the maximum period of time Insurance Companies frequently question the validity of a claim if it is not filed in a timely manner.

One reason for statutes of limitations is fairness; that is, over time memories fade, evidence is lost or never found, and people prefer to get on with their lives without legal intrusions from the past.

All of these factors involved in car accidents with serious injuries or death can be complex and difficult when dealing with insurance companies or governmental agencies.  An experienced personal injury attorney can protect your best interests and ensure that you or your loved one receive fair and just treatment.