Chance Of Getting In A Car Accident: Know Your Risk
If you’ve been harmed in a car accident, then chances are that you have a lot of questions surrounding the accident — and your potential legal claims. You may be thinking about how unlikely it was that you got into the accident in the first place: “what is the chance of getting in a car accident?”
Car accident fatalities are a serious concern, with single-vehicle collisions accounting for a significant percentage of these fatalities. Car accidents are a leading cause of preventable deaths in the U.S., highlighting the importance of understanding the risks involved.
For some injury victims, this way of thinking makes them more confident that they have a legal claim, as the “rarer” the accident, the more likely that the defendant’s decision-making was compromised (i.e., that the defendant engaged in negligence, recklessness, or intentional misconduct). The chance of getting in a car accident is relatively low if all parties are exercising proper caution, after all!
Though you may be exploring questions like this, we encourage you to get in touch with a qualified personal injury lawyer for guidance. Here at 1-800-THE-LAW2, we can connect you to a personal injury lawyer who can offer a free legal consultation to evaluate your claims and help you determine how best to move forward.
Of course, if you still have burning questions, read on! We’ll cover some of the basics.
What are the chances of getting in a car accident?
Your chance of getting in a car accident depends on a number of different factors: from how cautious you are as a driver, to how much time you spend behind the wheel. For example, if you rarely drive, then you’re not exposing yourself to as much injury-related car accident risk or fatal car accident risk as someone who commutes several hours every day.
Focusing on the amount driven, according to recent car crash statistics, for every 1000 miles that you drive, your chance of getting in a car accident is 1 in 366 — or 0.27%. Car crashes can vary in type and cause, from minor fender benders to severe collisions, often influenced by factors such as driving behaviors and vehicle characteristics. The severity of these crashes impacts the likelihood of injuries and fatalities. That may seem low, but the average American spends roughly 300 hours behind the wheel every year. The car accident statistics bear this out. In 2021, for example, over six million motor vehicle accidents were reported in the United States, resulting in 1.8 million injuries. That is an enormous volume of car collisions and injuries.
Is flying safer than driving?
Absolutely, yes. According to the Civil Aviation Organization (CAO), your chance of getting in a plane crash is a staggering 1 in 11 million. It’s exceedingly rare to be harmed in a plane crash incident. By contrast, some estimates put the chance of getting in a car accident as 1 in 5,000, which is much more likely.
What time of day do most car accidents occur?
According to the National Safety Council (NSC), the most dangerous time of day to be driving is the rush hour period (generally defined as the time between 4 p.m. and 8 p.m.). It makes sense — during the morning rush hour period, there’s adequate light. By contrast, the evening rush hour may have vision impairment-related issues due to a lack of light, mixed with the additional problem of fatigued drivers and even intoxicated drivers (who may have had a few after-work drinks). Awareness regarding substance use is crucial, as drunk driving significantly contributes to fatal car accidents. It is essential for drivers to avoid operating vehicles under the influence of alcohol to prevent tragic outcomes.
What age group causes most car accidents?
Though a larger percentage of teenagers get into accidents, the age group that actually is involved in the most car accidents is 21-34 years old. That’s because there are more drivers in the 21-34 age range than 15-21.
When looking at the most fatal car accidents, Texas has the highest total fatalities, while Mississippi leads in fatalities per capita. Regional differences are significant, with states like Arkansas and Wyoming also having high fatal accident rates.
What is the biggest cause of road accidents? Is it distracted driving?
The biggest cause of motor vehicle accidents in the United States is distracted driving, which covers a lot of different behaviors — cell phone use, talking to passengers, eating in the vehicle while driving, and more. If more drivers simply paid attention to the road and didn’t engage in distracted driving, there would be a lot fewer people getting into a car accident, and a lot fewer car accident victims. That being said, the most “deadly” cause is driving while under the influence of drugs or alcohol, which contributes to more fatal accidents.
Who can I sue after I’ve been injured in a car accident?
After you’ve been injured in a car wreck, potential defendants (i.e., those whose negligence, recklessness, or intentional misconduct contributed to your injuries) may include:
- The other driver (who hit you)
- Any other drivers who contributed to the accident
- The employer of any of the drivers, if they were working at the time of the accident
- The auto manufacturer, if some design or manufacturing defect contributed to the accident
- The City, if some property hazard (i.e., a pothole) contributed to the accident
- Any private property owner whose property had a hazard that contributed to the accident
- And more
Personal injury lawyers can assist clients following a car wreck by examining the factors that lead to such incidents, particularly focusing on human behaviors and the risks associated with inexperienced drivers.
For example, suppose that you’re injured by a delivery driver. When you sue them, you realize that they don’t have sufficient insurance coverage to pay out your damages in full. This would leave you extremely vulnerable, but — fortunately — the law entitles you to sue their employer under the doctrine of vicarious liability. By suing their employer, you gain access to a “deep pockets” defendant whose insurance policy has more substantial coverage — enough to pay out your damages in full.
Worth noting: if your loved one has been involved in a fatal car accident, you may be able to sue on their behalf (or you may be able to access the damages secured in car crash litigation pursued by their estate). When exploring car crash litigation possibilities, don’t make assumptions about your eligibility too early!
Case strategy can be a challenge to figure out, especially as a first-time defendant, so it’s best to discuss these (and other) strategic decisions with your personal injury lawyer. They’ll be able to explain the issues in your case and how best to approach them so as to maximize your chances of recovery.
What happens if I’m partially at-fault for the car accident? Can I still sue the other driver for compensation?
If you’re partially at-fault for the car accident, then you can potentially still sue the other driver for compensation — your recovery (and right to sue) will be impacted by the state law that applies to your case, however.
In many states, the doctrine of pure comparative fault applies. Under the pure comparative fault doctrine, you — the injury victim — are entitled to sue for compensation, even if you are 99 percent at-fault! The only “negative” is that your actual compensation will be reduced by your contribution of fault (as a percentage). So, for example, if you are 70 percent at-fault and your damages total is $100,000, you would only be entitled to a payout of $30,000. Not ideal, but the amount can still be substantial!
In other states, the doctrine of modified comparative fault applies. This doctrine is quite similar to the pure comparative fault doctrine, except that you — the injury victim — are not entitled to sue for compensation if you are 51 percent (or more) at-fault. The claim would not be recoverable under those circumstances. That being said, if you are 50 percent (or less) at-fault, then the same compensation reduction effect will be applied to your payout.
In a small minority of states, the doctrine of strict contributory fault applies. Under the strict contributory fault doctrine, you — the injury victim — are not entitled to sue for compensation at all if you are even one percent at-fault. That’s a very strict limitation, but it’s worth noting that you may be able to overcome this barrier by showing that your fault contribution was not causally linked to your injuries.
Given how much your “partial fault” can impact the dynamics and outcome of your case, it’s critically important that you discuss the possibilities with your car accident attorneys. They will provide ample guidance as you proceed.
What can a car accident attorney do to help me?
Most litigators (including car accident lawyers and other types of litigators) are not just courtroom advocates, despite the fact that popular media often misrepresents their responsibilities by heavily featuring them in the courtroom setting. When you hire legal representation, they can handle a variety of tasks from beginning-to-end of the dispute process.
These include:
- Identifying, gathering, preserving, and evaluating evidence
- Communicating to other parties (i.e., the defendants, law enforcement officers, insurance companies, etc.) on your behalf, thus helping you avoid sensitive disclosures
- Connecting to expert witnesses and eyewitnesses and working with them to develop supportive testimony
- Constructing an airtight, persuasive legal argument
- Negotiating a potential settlement agreement
- Navigating court hearings and other processes, like discovery requests
- Pushing ahead to trial litigation, if necessary
- Securing the payout after compensation has been awarded
- And more
Phew! That’s a lot of different responsibilities. Given how important each of these tasks are to your overall case, we encourage you to consult an attorney about the dispute and gain their assistance with various aspects of litigation so that you can maximize the likelihood that you are compensated.
How much will it cost me to hire a car accident attorney?
It won’t cost you anything upfront or out-of-pocket if you work with an attorney who offers their services on a contingency fee basis — fortunately, the majority of plaintiffs’ car accident lawyers represent their clients on a contingency fee basis.
So, how does it work? Instead of accepting fees for their work upfront (or hourly), they agree to take a percentage cut of whatever compensation they secure on your behalf. This percentage can vary from 25 percent to 40 percent or more, depending on the case outcome and the agreement you made when you negotiated the fee for representation.
Under a contingency fee arrangement, you don’t have to pay until and unless you get paid for your claims. In other words: if you lose, you won’t have any legal expenses. And if you win, you’ll just have to pay a percentage.
Contingency fees are extremely beneficial for injured plaintiffs, as they lower the barrier-to-entry for hiring an attorney. You could have no money at all and still be represented by an experienced and skilled car accident lawyer. Further, the arrangement incentivizes your car accident lawyers to work efficiently and effectively to maximize your compensation amount, as they get paid more if you get paid more.
It’s really a win-win!
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a car accident that was not your fault, then you could be entitled to sue for damages. However, navigating a legal dispute — even at the start — isn’t always straightforward or simple. To maximize the likelihood that you’ll be compensated fairly, you’ll have to exercise your legal rights carefully, strategically, and assertively. That’s where an experienced car accident attorney can be invaluable.
We can help connect you.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified local car accident lawyer in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail and to learn more about what sort of options you have (and what next steps you should take). If you decide not to move forward, that’s okay too — there’s no obligation to continue. So pick up the phone and call us today to get started.
We look forward to assisting you!
