Auto Accident Claim Information and Case Examples...

In any accident with even minor injuries, medical professionals should be consulted ASAP!

The main legal principle governing fault in car accidents is negligence. 

Negligence works on the presumption that all motor vehicle operators are taking due caution while driving and have awareness of laws needed for public safety. If not, the driver is said to be negligent. The majority of car accident cases are ruled against the negligent driver. 

That being said, some auto accident claims are ruled to be joint fault accidents, and even the not-at-fault driver can be held liable for anything said or done after the accident has occurred.

If you're involved in a car accident, remember the following:

1) Only give general information – your driver's license information, your insurance agent contact, and anything required by a law enforcement or medical professional to ensure that the situation is safe.

2) Do not confront the other party of the accident in an emotional or hostile fashion. Even if you aren't at fault, you can still prejudice any auto accident claim by your actions AFTER the accident.

To prove fault in an auto accident claim, the plaintiff has to show that their damages were the result of the other driver's negligence. This can make auto injury claims tricky in cases where an accident is ruled to have multiple causative factors. (If police were called and a car accident report was made it will likely carry a lot of weight in settlement negotiations.)

A good predictor of negligent driving is prior driving history – drivers who have records of moving violations, running traffic lights, and failing to signal have a lot of prejudicial weight against them.

Drivers under the influence of alcohol or other drugs that can impair awareness, reaction time, or judgment are usually found to be at fault in a car accident lawsuit.

If you're in a car collision with an uninsured or underinsured driver you may have difficulty getting reimbursed for injury and property damages. It's a good idea to learn more about uninsured motorist coverage before you find yourself in this scenario.

A very small number of auto accident claims are ruled to be no-fault claims (in this regard we are NOT talking about No-Fault insurance). These occur when the cause of the accident is ruled to be a structural fault in the road, automobile, or manufacturer. These types of car accidents often get aggregated into product liability class action lawsuits.

Car Accident Case Studies:

Texting and Driving Accident - Here we'll review some of the legal issues involved in a teenage car accident where the sixteen-year-old was texting and driving.  

Rear-End Collision with Two At-Fault Drivers - This case illustrates a fairly common accident scenario where a driver is cut-off, slams on their brakes, and is rear-ended by the vehicle behind them. We'll look at who's at fault and some other relevant legal issues.

Falling Asleep While Driving - This accident example discusses some of the dangers of falling asleep while driving. Liability is usually on the driver who falls asleep.

Teenage Car Accidents and Parental Liability - Two teens got into a bad accident after leaving a friend's home where the parents allowed them to drink. Actions were brought against the driver for DUI and the parents for negligence.

Drinking and Driving Accidents - This case deals with the unfortunate consequences of driving while under the influence. A woman dies and a man is paralyzed from the waste down. Here we'll examine issues of liability and compensation.

Ambulance Accidents & Liability - Normally emergency personel have immunity from liability, but if they don't follow procedures and it results in further harm they can be held liable.

Whiplash Insurance Settlement - Several people suffer whiplash injuries in this car accident case where a woman swerves to avoid hitting a deer. Both injured parties handle their own claims without hiring a lawyer.

Rear-End Car Accident Story - An all-too-familiar scenario occurs when a driver gets distracted and takes his eyes off the road. Due to poor weather conditions a chain reaction occurs and there are several injured parties. We'll take a look at who is responsible and why.

Hit and Run Accident - In this example a woman is T-boned in an intersection. The at-fault driver flees the scene and therefore the woman can't file a personal injury claim against his/her insurance.

Read the following real life case examples to better understand the auto accident claim process:

Automobile Accident Lawsuit Between Two Insurance Carriers - In this automobile accident lawsuit an insurance company is seeking to recover payment they made for their insured's damages from the at-fault driver's insurance company.

Personal Injury Accident Lawyer Fails to Present Sufficient Medical Evidence - In this court case the plaintiff´s personal injury accident lawyer is seeking damages after a car accident but does not prove the plaintiff meets the serious injury threshold. The defendant files to have the case dismissed for lack of evidence.

Back Injury Lawyer Defends Client During Appeals - In this appeals case a plaintiff and her back injury lawyer ask the court for damages for injuries sustained after a car accident. The defendant asks the court to dismiss the claim through a Motion for Summary Judgment, alleging the plaintiff has not presented enough medical evidence of her injuries.

Back Injury Settlement Sought Without Proof of Serious Injury - In this back injury settlement the plaintiff is seeking damages for injuries sustained in a vehicle collision. The defendant is able to submit medical proof the plaintiff did not sustain serious injuries.

Personal Injury Accident Settlement Negotiations Fail Due to Lack of Valid Evidence of Serious Injury - In this personal injury accident settlement case the plaintiff is seeking damages sustained as a result of an auto accident, but he has not proven serious injury. Negotiations with the insurance claims adjuster fail and he files a lawsuit.

Spinal Cord Injury Claim With Conflicting Testimonies by Medical Experts - In this spinal cord injury claim the plaintiff seeks damages for injuries sustained as the result of a car crashing into his bicycle. Conflicting medical testimonies are given to determine if the plaintiff's injuries meet the Serious Injury Threshold in the State of New York.

Whiplash Lawsuit Seeking Compensation Without Proof of Serious Injury - In this whiplash lawsuit the plaintiff is asking the court for damages for personal injuries sustained as the result of a motorcycle collision. He fails to produce valid medical evidence of serious injury and the case is dismissed with prejudice.

Whiplash Lawyer Gets a Previous Ruling Dismissing Plaintiff´s Case Overturned - In this court case the plaintiff´s whiplash lawyer seeks damages for multiple personal injuries that occurred as the result of a collision. Medical testimony of several doctors is crucial in the outcome.

Whiplash Neck Injury Case Seeking Damages for a Rear-End Collision - In this whiplash neck injury case the plaintiff is asking the court for damages after being hit from behind while waiting in her car behind a school bus. She fails to present sufficient proof of serious injury.