Who can be sued in a car accident?
If you or someone you know has been hurt or killed in a car crash, you may have the right to file a legal claim against the other motorist. In most cases, the person who is legally responsible for the accident is the one held liable in a lawsuit. The other vehicle’s driver may be the obvious choice for being sued. The other driver may have been speeding, not paying attention, driving under the influence of drugs or alcohol, or engaging in some other form of reckless behavior. In these cases, the injured party could sue the other driver directly. However, depending on the circumstances of the crash, that other entities involved may actually share some or all responsibility? It is important to note that the person responsible may not be the one who was driving the car. Instead, any person or entity whose negligence contributed to the accident can be held liable. If you can prove that their negligent actions caused the crash, you may be able to take legal action against the at-fault party, even those not at the scene. In a car accident case, the party responsible for causing the accident may be held liable for the damage they caused.
In a car accident, the person or entity that can be sued might also include:
Car Manufacturers & Dealerships
By law, manufacturers are responsible for the safety of their products and are required to issue a recall if they have been made aware of parts or vehicles that don’t meet federal safety standards. In some cases, manufacturers don’t issue recalls right away, but instead, wait to receive consistent incident reports before taking action. If the accident was caused by a defective part, the injured party could sue the company that manufactured it. Similarly, if the dealership that sold the vehicle knowingly sold it with defective or missing parts, the injured party could sue the dealership.
Businesses or Employers
If the at-fault driver is acting within their scope of employment and is on the job when the accident occurred, the injured party could sue the driver’s employer. Additionally, if a business is negligent in hiring their drivers or negligent in the maintenance of their work vehicles, they could also be held liable.
Government Entities
If the accident was caused by poorly maintained roads or traffic signals, the injured party could sue the government entity that maintains them. These agencies are responsible for providing safe road conditions, so they could be held liable if an accident is caused by negligence such as an unmarked pothole, crumbling roadway, or faulty guardrails.
Ultimately, the person or entity that can be sued in a car accident will depend on the circumstances of the case. That’s why speaking with a lawyer is important if you’re involved in a car accident. An experienced lawyer will be able to assess the situation, determine who is liable for the damages, and protect your rights as a motorist.
Seek Medical Attention
Seeking medical attention after a car accident can help build a strong legal case by providing important documentation of the injuries sustained in the accident. If you were involved in a car accident caused by another driver’s negligence, you may be entitled to compensation for damages such as medical expenses, lost wages, and pain and suffering. To receive compensation, you will need to prove that the other driver was at fault and that their negligence caused your injuries. A medical report documenting your injuries can serve as crucial evidence in establishing this link between the accident and your injuries. By seeking medical attention and having a medical professional document any injuries, individuals can ensure that they receive the compensation they deserve and can demonstrate the extent of the damages suffered.
The medical report will include details such as the type and severity of injuries sustained, the recommended course of treatment, and the estimated recovery time. This information can help demonstrate the extent of the damages you suffered and the impact they have had on your life. The Clinical Physiology Review, claims that car accidents can be traumatic experiences, and some people may develop anxiety, depression, or post-traumatic stress disorder (PTSD) following the accident. They reviewed 31 studies and found that the prevalence of PTSD following traffic accidents ranges from 1.2% to 39.2%. They also identified several risk factors for developing PTSD, including the severity of the accident, personal injury, prior trauma history, and lack of social support.
According to The American College of Emergency Physicians (ACEP), seeking medical attention promptly after a car accident can also help to establish that your injuries were caused by the accident, rather than by some other event. Insurance companies and defense lawyers may attempt to argue that your injuries were not caused by the accident, but were instead pre-existing or caused by some other event. However, a medical report generated immediately following the accident can help to refute these claims and demonstrate the causal link between the accident and your injuries.
Finally, seeking medical attention after a car accident can also help you to document the full extent of your injuries. Some injuries, such as whiplash, may not show symptoms immediately following the accident but may become apparent over time. The National Association of Personal Injury Lawyers (NAPIL) recommends “Following up with a healthcare provider even if you do not feel injured. They can evaluate you for injuries that may not be immediately apparent.” By seeking medical attention and having a medical professional document any injuries, you can help ensure that you receive the compensation you deserve. Seeking medical attention after a car accident is important not only for your physical health but also for building a strong legal case. By documenting your injuries and establishing the link between the accident and your injuries, you can help to ensure that you receive the compensation you are entitled to.
How Car Accidents Cause Neck & Back Pain
Even a minor fender bender can injure your neck and back. After an accident, you may find that you’re unable to move your neck without pain or maybe walking or sitting causes pain in your middle or lower back. If you’re suffering from neck or back pain after an accident, take these injuries seriously. Even if your injuries aren’t life-threatening, neck and back pain should be addressed immediately by a medical professional. If your injuries or suffering were caused by another driver, be sure that you fully understand your legal rights by talking to a personal injury lawyer.
Neck pain after an auto accident
The force caused by colliding moving vehicles can be tremendous, especially if one or both vehicles are traveling at a high rate of speed. Neck pain caused by a car accident can manifest in many forms. Some of the most common types of neck injuries that people experience after an auto accident include:
- Pinched nerve
- Whiplash
- Neck fracture
- Facet joint injury
These injuries can cause many different symptoms, including frequent headaches, joint pain, muscle pain, and nerve pain. It’s important to note that neck pain may not occur immediately. Some people experience what’s known as delated neck pain, which can take days or weeks to appear.
Back pain after an auto accident
The spine is one of the most injured parts of the body during a car accident. Many people experience dull or sharp pain immediately after a collision. Others feel tingling, numbness, or delayed pain that occurs days or weeks after the accident. Soft tissue injuries, herniated disc, bone fracture, muscle strains, and spinal cord injuries are most common after an auto accident. These injuries are caused by the force of the collision. The sudden impact causes the head and neck to whip back and forward, which can cause damage to the bones, tendons, ligaments, and spine.
Seek medical attention immediately
Even if your condition isn’t dire, you should always seek medical attention after an auto accident. If you experience pain or abnormal sensations such as numbness or tingling in your neck or back, these are warning signs of an injury. If left untreated, these conditions may progress into chronic pain or a degenerative condition. The sooner your injury is evaluated, the better chance you have of getting a diagnosis and relief sooner. Getting a diagnosis and proper treatment also plays a key part in a successful personal injury claim.
Hire a personal injury lawyer
Neck and back pain can have a lasting effect on your health. This type of injury may cause chronic pain, loss of income due to the inability to work, and other side effects. If your injuries were caused by another driver, don’t wait to talk with a personal injury lawyer. When it comes to injury claims involving neck or back pain, there’s a lot at stake. The right personal injury or car accident lawyer will work to ensure that your pain and injuries are handled properly in court.
The Most Common Causes of Car Accidents and How to Avoid Them
Car accidents are a common occurrence in the United States. Every year, millions of people are involved in car accidents, which can cause serious injuries, property damage, and even death.
Understanding the most common causes of car accidents and how to avoid them can help you stay safe on the road.
1. Distracted Driving
Distracted driving causes a lot of accidents every year. It includes anything that diverts a driver’s attention from the road, such as texting while driving, eating, drinking, or using the GPS.
To avoid distracted driving, always keep your phone out of reach, finish eating and drinking before getting on the road, and set your GPS and radio before you start driving.
2. Speeding
Speeding is a significant cause of car accidents. It reduces the reaction time for drivers, making it harder to avoid accidents. Always drive within the speed limit, especially in areas with heavy traffic or poor weather conditions. Driving too fast can also cause tire blowouts, which can result in serious accidents.
3. Drunk Driving
Driving under the influence is obviously very dangerous. Alcohol can impair your judgment, reduce your reaction time, and affect your vision, making it difficult to drive safely.
4. Reckless Driving
Reckless driving can include dangerous maneuvers like weaving in and out of traffic, tailgating, and failing to signal before turning. Avoid aggressive driving and remain calm on the road. Be sure to always signal before changing lanes or turning, and never cut other drivers off.
5. Poor Weather Conditions
Poor weather conditions like heavy rain, snow, or ice can make driving challenging. Always adjust your speed and leave plenty of distance between you and the vehicle in front of you in such conditions. Additionally, make sure your vehicle is equipped with proper tires and other necessary equipment. If you are not comfortable driving in poor weather conditions, consider waiting until the weather clears up.
6. Fatigue
Driving while feeling sleepy or tired can be dangerous. Avoid driving for long periods without taking a break. Driving under fatigue can reduce your reaction time and impair your judgment. Always make sure you are well-rested before driving.
7. Vehicle Malfunction
Cars with faulty brakes, tires, or other parts can cause accidents. Check your brakes, tires, and lights regularly to ensure they are working correctly. It is also important to keep your windshield wipers in good condition to ensure maximum visibility during rain or snow.
What Are the Five Most Common Types of Injury from Car Accidents?
In a recent National Highway Traffic Safety Administration report, it was estimated that the overall fatalities from car accidents declined by 0.2% for the first nine months of 2022. There were a total of 31,785 fatalities in 2023 compared to 31,850 for the same period in 2022.
There are a wide range of potential injuries that can result from a car accident. In the following section we will discuss the five most common ones.
Soft Tissue Injuries
Soft tissue injuries are very common in car accidents, particularly in rear-end collisions. This type of injury damages muscles, tendons and ligaments, caused by a sudden jolt or impact.
The most common soft tissue injury in car accidents is whiplash. This is usually a neck injury caused by a sudden back-and-forth movement of the head during a collision. Whiplash can cause pain, stiffness, and headaches. These symptoms can last for weeks or even months.
Scrapes and Cuts
Scrapes and cuts also occurs often in car accidents, particularly when there is broken glass or other sharp objects involved. This can range from minor scrapes and bruises to deep lacerations which will require immediate medical attention. Scrapes are typically superficial injuries to the top layer of skin and can be easily treated with over-the-counter antiseptic ointments and bandages. Cuts are deeper injuries that involve underlying layers of skin. Minor cuts can be treated with antiseptic ointments and bandages while deeper cuts may require stitches or other medical treatment.
Head Injuries
Head injuries are very common in car accidents and can be serious. This type of injury cause minor concussions to severe traumatic brain injuries (TBI) that can cause permanent brain damage or even death. Concussions can usually heal on their own with rest and some medication. More severe head injuries can cause bleeding or swelling in the brain, which can lead to more serious symptoms such as loss of consciousness, seizures and cognitive impairment.
Chest Injuries
Chest injuries range from minor bruising to severe trauma which can potentially cause internal organ damage. The most common chest injury is a contusion, which is a bruise on the chest wall. This can cause pain, swelling and some difficulty in breathing. More severe chest injuries can cause damage to the lungs, heart or other internal organs.
Arm and Leg Injuries
Arm and leg injuries can range from minor bruises to severe fractures or amputations. The more common injuries are sprains, strains, and fractures. It is usually caused by impact against the dashboard or the door. These injuries may cause pain, swelling and reduced range of motion. It may require medical treatment such as immobilization with a cast or splint, physical therapy or surgery.
Accidents in California
There are on average approximately 15,000 car accidents in California each year. Another more ominous statistic is that there are about 3,000 to 4,000 fatalities caused by car accidents in California each year. This is nearly 10% of the total fatalities across the nation.
The severity of the accidents depends on whether occupants of the car were wearing seat belts, and did the vehicle have airbags that deployed properly. Distracted and drunk driving continues to be the leading cause of car accidents in California, other major contributing factors were speeding and reckless diving. It is critical that drivers use caution and be more aware of the driving conditions and their surroundings. Lastly, drivers need to set aside any possible distractions while driving and do not drink and drive.
Top Causes for Rear-End Collisions
If you have recently been injured in an accident, it was likely due to a rear-end collision. That’s because this type of accident is the most common for motor vehicles in the U.S. and unfortunately, the injuries associated with rear-end crashes tend to be serious.
What are the Most Common Causes of Rear-End Collisions?
One-third of all automobile accidents that occur in America are rear-ended collisions. The definition of this type of accident is when the front bumper of one vehicle crashes into the rear bumper of another. These collisions can occur due to several factors.
Tailgating
Tailgating occurs when one automobile is driving too close to another, not allowing for enough room for the rear vehicle to come to a complete stop if the car in front of them happens to stop suddenly. It is recommended that you leave at least three seconds of driving time between your car and the one in front of you. This is also known as the three-second rule. To do this, follow these steps.
- Choose a stationary object on the side of the road.
- Watch the car in front of you and start counting the seconds when the rear bumper clears that object.
- If you counted less than three seconds, you should reduce your speed and check again.
Driving While Distracted
Driving while distracted is another common cause of rear-end crashes. If you are driving and not giving your full attention to the road, you will not be able to react if the car in front of you stops suddenly. Some examples of distractions that lead to collisions include:
- Texting or using your phone
- Taking pictures or videos
- Reaching for an item in the backseat
- Eating or drinking
- Talking to passengers or children in the vehicle
- Adjusting your radio
Aggressive Driving
Aggressive drivers often drive much faster than others on the road and also drive more recklessly. They are prone to speeding, tailgating, running stop signs or red lights, or cutting off other drivers. This puts them at an increased risk of being involved in a rear-end collision. Drivers who often engage in road rage could even hit another vehicle on purpose or cause another driver to crash into them by brake checking.
Speeding
Speed limits are set in place by our local officials for several reasons. It could be due to the type of road, traffic volume, or speed studies in that area. These leaves are the maximum speed that is considered safe to travel, however many drivers look at a speed limit as a suggestion or the speed minim. Speeding is never safe and the faster your vehicle is, the longer it will take for you to slow down and stop. You never know when you may be faced with an emergency while on the road, so it is best to avoid speeding at all costs. If you have a bad habit of driving over the speed limit, try to leave your house earlier to get to your destination, or take streets that are less busy if possible when you are in a hurry.
What To Do After a T Bone Car Accident
T-bone crashes can happen anywhere, including at busy intersections and on roads with only one direction of traffic, and they can quickly lead to severe injuries or even fatalities. These mishaps are terrifying and detrimental in the here and now and in the long run. Immediately following a T-bone collision, people are often disoriented and shaken up and are left wondering what they are supposed to do. Here is a quick breakdown of the steps you should take after being involved in a T bone car accident.
Immediately Call 911
The dispatcher will question you to ascertain the kind of emergency services required. Depending on how serious the collision is, police, fire, and ambulance services may be on the site. The dispatcher will give you the go-ahead to stay put. You could be instructed to wait in a secure area or to remain in your car. It’s crucial that you follow directions that are given to you. Dispatchers are qualified to suggest steps to keep you and others as safe as possible.
Seek Medical Attention
You could be aware of your injuries or think nothing is wrong with you. Whatever you choose, make sure you visit a doctor after the crash. Sometimes, it’s advisable to seek medical attention from emergency responders. If you wait too long to get an accurate diagnosis from a qualified medical expert, it may be very difficult for you to get compensated. Some injuries may not become apparent for several days or weeks after the accident. Even though you appeared to be unharmed after the accident, you or your passengers might still have been hurt.
Contact Your Insurance Company
Usually, you have around 30 days to notify your insurance carrier of the accident. At this point, it doesn’t matter who was at fault for the collision; your insurance has to be informed right away about a potential claim connected to a recent collision. When responding to questions, always respond with facts. If the insurance agent asks you a question, you don’t know the answer to or don’t remember, respectfully decline to answer. Agents are taught to probe you with questions to obtain responses that may be used to undermine or refute your claim. It is in your best interest to stop this from happening. It is wise to approach insurers, including your own, with caution and preparation. Saying the wrong thing might make it more difficult for you to receive reimbursement, and your own insurance might even decline to provide coverage.
Final Thoughts
Your rights can be explained in further detail by an accomplished personal injury attorney who concentrates their practice on automobile collision cases. If you were injured because of the other party’s negligence, you might be entitled to financial compensation. Never make the assumption that you are responsible for someone else’s medical expenses or property repairs. Take advantage of the fact that most attorneys specializing in personal injury provide free case reviews.
Car Accidents and Injuries
Car accidents can mental as well as physical trauma. In the event of a car accident, a person’s body can experience a range of injuries depending on the speed of the car, the point of impact, and the position of the person at the point of impact. At the same time, the victim can also develop serious mental health issues.
Physical Trauma
The below are some potential physical effects on the human body:
- Traumatic brain injuries (TBI): The impact of the head with either the windshield or the ground can cause a concussion, bleeding or swelling in the brain, or skull fractures. This type of injury can lead to cognitive and physical impairment, memory loss or even a coma.
- Spinal cord injuries: The spinal cord can being severely damaged, resulting in partial or complete paralysis, loss of sensation or chronic pain.
- Broken bones and fractures: The victim can sustain broken ribs, limbs and other fractures, which can lead to internal bleeding, punctured organs and other serious complications.
- Soft tissue injuries: The impact can cause damage to muscles, tendons, and ligaments, leading to strain, sprains, and tears. This can be very painful and can limit the a person’s mobility.
- Internal injuries: The victim can suffer from internal bleeding, punctured organs or other serious injuries that can be life-threatening.
- Psychological trauma: The experience of a car accident can be very traumatic and can lead to psychological issues such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Mental Trauma
A car accident can cause significant impact on a person’s mental health. The following are some of the potential effects. A victim can develop post-traumatic stress disorder (PTSD) after a car accident, which causes symptoms such as nightmares, flashbacks, anxiety, and depression. It can also cause the person to avoid certain situations that may trigger memories of the accident. Victims often develop anxiety and depression because of a car accident. This can be particularly true when the victim sustains physical injuries or have lost a loved one in the accident. These feelings can persist for weeks, months and even years after the accident. Phobias is another common symptom that car accident victims may feel. They may develop a phobia of driving or riding in a car. This can impact their daily life severely as it limits their mobility and the ability to go to work or run errands.
Accidents in California
In California, there were over 250,000 car accidents in 2022, with over 60,000 resulting in a severe injury and over 3,000 resulted in death. The leading cause of car accidents were distracted driving, followed by speeding and drunk driving. These statistics shows that car accidents in California is a serious problem and certain behaviors such as distracted and drunk driving are major contributors to these accidents.
In summary, car accidents can cause a wide range of physical injuries, some of which can be life-threatening, along with serious mental health issues as well. Therefore, we need to emphasize the importance of seeking help after an accident. As shown in the statistics above, certain behaviors cause a major percentage of accidents in California. It is important that drivers take more responsibility in their driving behavior to help reduce the number of accidents. The state should also promote safer driving practices and accident prevention.
Common Causes of Truck Accidents
Reckless truck drivers are not only a danger to themselves but to everyone. Truck accidents can be catastrophic, resulting in short and long-term damages. Dealing with the severity of the damages, injuries, or wrongful death has several consequences. However, understanding the technicalities involved in trucking accidents can enable you, with the assistance of an attorney, to file a valid claim against whoever is responsible. There are several causes of trucking accidents that could be fatal. Some of them include:
- Negligent maintenance. The failure of the driver to maintain the truck could lead to accidents when put on the road.
- Equipment failure. Mechanical failures such as faulty brakes and tire blowouts can result in accidents. Most mechanical failures can be avoided if routine checks and maintenance are conducted.
- Driving under the influence. Accidents can occur when the driver is influenced by alcohol and drugs.
- Distracted driving. Negligent actions from drivers, such as checking their phones, drifting, and moving beyond the speed limit, could lead to accidents.
- Improper cargo loading. If the loaded cargo isn’t properly secured or distributed on the truck, it can cause the truck to tip over, causing an accident.
Other factors may be responsible for trucking accidents, leading to property damages and injuries. Thus, speaking with a professional attorney who understands these situations and can map the best course of action is necessary.
Who is Liable for a Trucking Accident?
There are a lot of parties (or entities) that could be legally liable for compensation, damages, and other losses. These parties include:
- The truck driver
- The owner of the the truck or trailer
- Whoever is responsible for loading cargo
- The local government contractor is responsible for the highway design, construction, and maintenance of the road (if poor road conditions lead to an accident).
If the trucking accident concerns multiple parties, your attorney may be able to maximize your compensation and benefits through numerous claims.
Damages You Can Claim During A Trucking Accident
Your attorney may be able to file the following claims in a trucking accident. They include:
- Wrongful death claim. If a loved one is killed as a result of the action of a negligent truck driver, they are liable for a wrongful death lawsuit.
- Product liability claim. You might file a product liability claim if the accident was caused due to a defective truck or truck part.
- Property damage claim. You can also file a property damage claim if your vehicle or other personal property was damaged due to the accident.
- Personal injury claim. You may be able to seek compensation for your medical expenses, loss of income, and pain and suffering resulting from the accident.
If you were in an auto accident of any kind, call us today and speak to one of our attorneys!
