By Lark Lewis, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed April 10, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Car accidents can be terrifying experiences. They often involve injuries and damage to motor vehicles. The legal system can help you determine who's at fault for a traffic accident and who needs to pay the associated bills.
This article discusses how a car accident case works, including the role of car insurance. It also addresses how to determine who's at fault for an accident.
Car accident law is a combination of traffic and personal injury law. Suppose you're injured in an auto accident. In that case, you can hire a car accident lawyer to negotiate with the other drivers to determine who should pay for the damage. If necessary, the attorney will file a lawsuit.
The court will piece together what happened using various types of evidence. This can include:
The court will then apply local traffic laws and legal concepts to determine who caused the accident. The at-fault driver usually has to compensate the other party for:
This can be a complex calculation. Sometimes, both drivers are at fault. Each state has slightly different rules for situations where more than one person is responsible for an accident. Some states require one party to pay all the bills. Others allow the two parties to split the bills according to how much each party is to blame.
Fortunately, most people don't pay out of pocket for all the damages stemming from a collision. Automobile insurance policies often cover repairs for at least some of the damages or replacement costs for all or some of the vehicles involved.
Car insurance may also cover some medical expenses as well. Insurance companies may also pay for a lawyer if necessary. But you don't usually get to choose your own attorney. State laws vary widely on the extent and types of insurance required to drive a vehicle.
The laws on who's at fault for motor vehicle crashes vary depending on the types of vehicles involved. Most states give more protection to pedestrians and bicyclists since they're more vulnerable to severe injuries from a collision. Similarly, motorcyclists may sustain more serious injuries than motorists in an accident. But motorcyclists must follow slightly different traffic rules since they can be faster and more agile than automobiles.
Truck drivers are usually professionally trained and certified. They must drive more carefully than most other drivers. Determining who pays for the damage after a truck collision is slightly more complicated than other kinds of accidents. This is because trucks are often commercially owned. That means liability may rest not only on the driver but also on the truck's owner.
Click on any of the links below to find out more about car accident cases.
Are you a car accident victim? If so, you may have additional questions. A personal injury attorney can guide you through your personal injury case if, for example, you were rear-ended at an intersection and sustained whiplash.
Reach out to a local attorney for help with your car accident claim. An auto accident attorney can help you understand your insurance coverage and offer legal advice. It's important to know your legal rights after a car accident, especially if you think you were a negligent driver.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
