Traffic Accident Injury Claim: What You Need to Know
Experiencing a traffic accident can be overwhelming, especially when injuries and damages are involved. Filing an auto accident injury claim may feel complicated, but understanding key legal concepts and taking the right steps can increase the chances of a successful outcome.
This article explains the key parts of a traffic accident injury claim, from proving fault to figuring out compensation.
Do You Have a Valid Car Accident Claim?
To have a valid traffic accident injury insurance claim, certain legal elements must be established. These form the foundation of any successful claim, and they include:
Duty of Care
Drivers have a duty to operate their vehicles responsibly and avoid harming others on the road. This includes following traffic laws and driving safely in general.
Breach of Duty
There must be proof that the other driver breached this duty by acting carelessly or recklessly. Common examples include speeding, running red lights, or texting while driving—all of which can lead to accidents.
Causation
You must show a direct link between the other driver’s breach of duty and the accident that caused your injuries. Evidence such as police reports, eyewitness accounts, and accident reconstructions can support this part of the claim.
Damages and Car Accident Injuries
Lastly, you must have suffered actual losses or damages due to the accident. These might include medical bills, lost wages, and emotional distress.
These four elements are essential in any traffic accident injury claim. Proving each one strengthens the claim and increases the likelihood of receiving fair compensation. For those who are uncertain about how to prove these points, consulting an attorney can help clarify what evidence is needed.
Negligence Per Se and Traffic Accidents
In some cases, traffic accident injury claims benefit from a concept called negligence per se. This legal principle applies when a driver has violated a law meant to protect public safety, such as a traffic regulation.
If the violation led to the accident, the court may automatically consider it negligence.
For example, suppose a driver was under the influence of alcohol or drugs at the time of the accident. Since drunk driving is illegal, this would generally be considered negligence per se.
The National Highway Traffic Safety Administration (NHTSA) reports that nearly 30% of fatal crashes in the United States involve alcohol-impaired driving.
Negligence per se can also apply when drivers run red lights or fail to stop at stop signs. These violations are a significant cause of accidents.
The Insurance Institute for Highway Safety (IIHS) reports that red-light running alone caused 1,149 deaths and around 107,000 injuries in 2022.
When negligence per se applies, it simplifies the case by eliminating the need to prove that the driver’s actions were unreasonable.
Instead, the traffic law violation itself often establishes fault, making it easier to secure compensation.
What if You’re Partially At-Fault?
In some traffic accidents, both drivers share responsibility, but the at-fault driver is primarily liable for the damages. If the injured party is partly at fault, their eligibility for compensation depends on the fault rules of their state.
The following are the three main doctrines that affect traffic accident injury claims:
Pure Comparative Fault
States like California and Florida follow a pure comparative fault rule, allowing injured parties to recover compensation even if they’re mostly at fault. However, the amount of compensation decreases by their percentage of fault.
For instance, if someone is 60% at fault for an accident and has $10,000 in damages, they would still receive $4,000 (40% of the damages).
Modified Comparative Fault
States like Texas and Georgia use a modified comparative fault rule. This means that injured parties can recover damages only if they’re not more than 50% (or 51%) at fault. If they exceed that limit, they may be barred from receiving any compensation.
For example, if a person is found 45% at fault, they would receive 55% of their damages. However, if they’re found 55% at fault, they wouldn’t be eligible for compensation.
Contributory Negligence
A few states, including Virginia and Maryland, apply a contributory negligence rule, which is the strictest. Here, if the injured party is even 1% at fault, they may not recover any compensation.
This harsh rule makes it especially challenging to pursue claims in contributory negligence states.
Knowing how fault rules work in a particular state is crucial, as they can significantly impact the outcome of a traffic accident injury claim.
A knowledgeable attorney can provide guidance on fault allocation and help injured parties maximize their compensation.
How Much Can a Victim Get in Compensation?
In a car accident settlement, compensation generally covers two types of damages: economic and non-economic.
Economic Damages
These are the measurable financial losses directly resulting from the accident. They include:
- Medical expenses: Costs for emergency care, surgery, physical therapy, medication, and future treatment related to the injury.
- Lost wages: Income lost due to time off work, as well as any reduction in future earning capacity if the injury impacts the person’s ability to work.
- Property damage: Expenses related to repairing or replacing a damaged vehicle and any other property affected in the accident.
Non-Economic Damages
These damages cover intangible losses that don’t have a clear dollar value but affect the injured party’s quality of life. They include:
- Pain and suffering: Compensation for the physical pain and discomfort caused by the injuries.
- Emotional distress: Damages for the mental health impact of the accident, which may involve anxiety, depression, or post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: Compensation for the inability to engage in hobbies, social activities, or other parts of life that the person enjoyed before the accident.
In some rare cases, punitive damages may also apply. These damages are intended to punish the defendant for particularly reckless or malicious behavior, such as driving while intoxicated or fleeing the scene.
However, punitive damages are not commonly awarded and depend on the severity of the defendant’s actions.
How Long Do You Have to File a Lawsuit?
Each state has a statute of limitations that sets a deadline for filing a traffic accident injury claim. This timeframe is generally between one and three years from the accident date, although it varies by state. If the injured party misses this deadline, they may lose the right to file a claim.
However, certain exceptions can extend the statute of limitations. These include:
- Delayed Discovery Rule. Sometimes, injuries are not immediately apparent after an accident.
In such cases, the statute of limitations may start from the date the injury was discovered or reasonably should have been discovered. For example, some head injuries may not show symptoms until weeks later. - Minors. If the injured party is under 18, many states pause the statute of limitations until they reach adulthood. Typically, this means the clock starts ticking when they turn 18.
For those uncertain about the statute of limitations for their traffic accident injury claim, it’s best to consult an attorney.
What Are the Costs of Hiring a Lawyer?
One common question for those considering a traffic accident injury claim is how much it will cost to hire a lawyer and how the at-fault driver’s insurance company will be involved. In most cases, personal injury lawyers work on a contingency fee basis. This means that they don’t charge upfront fees; instead, they only get paid if the case is won or settled.
Under a contingency fee arrangement, the lawyer’s fee is typically a percentage of the final settlement or court award.
This percentage generally ranges from 25% to 40% of the compensation. The exact rate may vary depending on factors like:
- Complexity of the Case: Cases that involve multiple parties, severe injuries, or detailed investigations may require more time and resources, potentially leading to a higher fee.
- Stage of Settlement: If the case settles early, the fee might be on the lower end. However, if it requires extensive litigation or goes to trial, the lawyer’s fee might be higher.
Contingency fees make it easier for injured parties to pursue a traffic accident injury claim, as they don’t have to worry about paying legal fees upfront.
Additionally, this arrangement aligns the lawyer’s interests with those of the client, as the lawyer is motivated to maximize the settlement or award.
Contact 1-800-THE-LAW2 for a Free Consultation
If you’ve been injured in an accident, then you could be entitled to compensation. Navigating the legal dispute process isn’t always easy and can be overwhelming — especially for first-time plaintiffs. That’s why we encourage you to connect with a qualified attorney for a free case evaluation.
Contact 1-800-THE-LAW2 for a free consultation with an experienced local attorney in our national network. During this initial consultation, you’ll be able to discuss the details of your dispute and learn more about your strategic options going forward.
We look forward to assisting you!
