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Personal Injury: Motor Vehicle Accidents<--Back to Areas of Practice

Car accidents are a leading cause of unnecessary deaths and therefore the number one source of personal injury claims in the United States. According to the National Highway Traffic Safety Administration (NHTSA), every 10 seconds someone in the United States is involved in a car accident.

In 2005, 6,087,000 cars were involved in accidents, according to a crash data report by National Highway Traffic Safety Administration (NHTSA). In that same year, fatal automobile accidents took the lives of 18, 440 people and injured 1.5 million.

Many accidents occur due to negligence on the part of one of the drivers involved. If you have been in a motor vehicle accident, understanding your legal rights can provide peace of mind.

Common Factors Contributing to Auto Accidents

Driving while distracted. Distracted drivers account for nearly 80 percent of auto accidents, according to NHTSA (National Highway Traffic Safety Administration). Each year motorists cause thousands of accidents while texting, making phone calls, putting on makeup, eating, etc.

Traffic Law Violations. Most auto accidents can be traced to negligence in the form of one or more traffic violations. Common violations include speeding, tailgating, improper lane changing, and failing to yield the right of way. When a traffic citation is issued at the scene of a car accident, any claims are strengthened.

Driver Error. Factors contributing to driver error include fatigue, drowsiness, distractions (cell phone use, eating, etc.), intoxication (drugs, alcohol, medication) and aggressive driving (road rage).

*Note that harm caused by driving under the influence is not just a criminal violation – it can also be grounds for a civil suit.

Equipment Failure. Mechanical failures leading to car accidents often involve brakes, tires, steering mechanisms or suspension. A malfunction might point to negligence on the owner's part or operator of the car, a repair shop or the manufacturer for designing flawed equipment (seat belts, airbags, etc.).

Road Conditions. Road conditions can be affected by weather, road construction, debris on the roadway and other factors. When road conditions contribute to car accidents, negligence is often involved. Sometimes the government is the negligent party.

*Note there are specific rules and time limits for filing a car accident claim with a government entity.

Road Design. Flawed road design can involve intersections, merging lanes, traffic control devices, among other factors. Again, the government may be held liable.