What Is Motor Vehicle Accident Law?

Use these links to jump to different sections:

• What Is Car Accident Law?
• Civil Lawsuits for Car Accidents
• Determining Fault in Car Accident Cases
• Criminal Cases for Car Accidents
• Steps to Take After a Car Accident
• Gathering Evidence and Navigating Police Reports
• Find the Right Attorney for Your Needs
• Car Accident Attorney FAQs

Car accidents are so common that they’re almost a fact of life. Hopefully, you’ll never be involved in one, but if you are, it’s important to understand the legal implications and your options for compensation. This is where car accident law comes in.

What Is Car Accident Law?

Car accident law refers to the state laws and regulations that cover liability for car accidents, penalties for at-fault drivers, and compensation for accident victims. Common types of car accidents include rear-end collisions, T-bone or side-impact collisions, and hit-and-run incidents. Many factors can cause car accidents, including reckless driving, intoxicated driving, drowsy or distracted driving, and poor weather or road conditions.

Car accident laws vary widely by state and could result in both civil and criminal proceedings.

Civil Lawsuits for Car Accidents

The most common civil proceedings arising from a car accident are personal injury or property damage lawsuits.

Personal Injury Claims

Auto accidents are a common cause of personal injuries, and these cases are litigated under the legal theory of negligence. In a negligence case, the plaintiff or injured person needs to prove four things to win their case:

1. Duty: The driver owed you a duty of care to operate their vehicle safely.
2. Breach of duty: The driver failed in this duty by operating their vehicle in an unreasonably unsafe way.
3. Causation: The driver’s breach of duty is what caused your injuries.
4. Damages: You suffered harm due to the other driver’s breach. There are different types of damages in a car accident lawsuit, including economic damages for medical bills or lost wages and non-economic damages for emotional distress

Property Damage

In addition to damaging your car, auto accidents often cause other types of property damage. Damaged property may include personal belongings inside your car at the time of the accident or structures on your land if the accident occurred on your real estate. For example, if someone crashes on your property, you could be looking at damage to fences, mailboxes, walls, landscaping, or more.

Wrongful Death Lawsuits

If a negligent driver’s actions result in the death of another driver, surviving loved ones (such as a spouse or adult child) may bring a wrongful death lawsuit on behalf of the deceased person to recover compensation. Wrongful death lawsuits are separate from criminal cases involving the death of drivers.

Determining Fault in Car Accident Cases

Determination of fault will work differently depending on how you choose to pursue compensation for a car accident.

If you seek compensation through a claim with the other driver’s insurance provider (known as a third-party claim), adjusters will determine fault percentages as part of making a settlement offer. If you live in a no-fault insurance state, the question of who was at fault is not a factor in determining compensation. Instead, you’ll submit a claim with your own car insurance company and receive payment from them (first-party claim). Coverage in both first-party and third-party claims will depend on the type of car insurance you have. Many states set minimum car insurance requirements.

If you pursue a car accident lawsuit, different theories of negligence and ways of determining fault will apply depending on where you live.

Comparative Negligence

Some states use a comparative negligence rule. Under comparative negligence, plaintiffs can get compensation regardless of their degree of fault, but their compensation will be reduced by the percentage they are liable for the accident. For example, if there is $20,000 in damage but you’re deemed 30 percent liable for the accident, you’ll only get 70 percent or $14,000 in compensation.

Modified Comparative Negligence

Other states use modified comparative negligence. Under this rule, you can only recover compensation if you’re less than 50 or 51 percent at fault (the exact threshold varies by state). If you’re less than 50 or 51 percent but more than zero percent at fault, your compensation will be reduced accordingly.

Contributory Negligence

Finally, some states use contributory negligence. Sometimes called the “1 percent rule,” contributory negligence bars a driver from recovering compensation if they bear any responsibility for the accident.

Liability is further complicated in cases involving employee drivers (such as commercial truck accidents or company cars), rental cars, or rideshare companies such as Uber and Lyft. In such cases, a theory of vicarious liability may be involved, in which employers are liable for injuries.

Criminal Cases for Car Accidents

In addition to civil lawsuits brought by car accident victims, the state could bring criminal charges related to car accidents.

Traffic Citations

After an automobile accident, law enforcement officers will occasionally issue an at-fault driver citation.

Officers generally issue citations when there is clear evidence of how the traffic accident happened. The citations are often for moving violations like speeding or following too closely. While these are criminal charges, they are usually on the low end of the criminal spectrum. Nevertheless, you might find it helpful to speak with a car accident lawyer about your next steps.

DUI Charges

The police officer at the car accident scene might perform field sobriety or breathalyzer tests to determine whether any drivers were intoxicated. If you were under the influence of drugs or alcohol at the time of the accident, you will likely be charged with a DUI.

The severity of a DUI charge can range from a misdemeanor to a felony, depending on your state’s DUI laws and whether there were any aggravating factors, such as someone getting injured.

Vehicular Manslaughter/Homicide

The most tragic car accidents result in death. In these situations, a driver can be charged with vehicular homicide or manslaughter, a type of unintentional killing.

A driver won’t necessarily be charged with vehicular homicide every time someone dies in a car accident, as it is only appropriate when the driver is driving in an illegal way. Common examples of illegal driving that result in a vehicular manslaughter charge include negligent or reckless driving, driving while intoxicated, drowsy driving, or distracted driving.

Steps to Take After a Car Accident

Drivers in a car accident generally have a duty to stop, exchange personal and insurance information, and report the accident to law enforcement. You could face civil and criminal liability for leaving the scene of an accident. States have different car accident reporting requirements, but generally, you must report an accident if personal injury or significant property damage is involved.

Individuals involved in an accident will exchange driver’s insurance information and file accident reports with their auto insurance providers. A driver may have different types of insurance coverage, including collision and underinsured or uninsured motorist coverage. It’s good to be aware of the type of coverage you have in case you are involved in a motor accident.

Gathering Evidence and Navigating Police Reports

Long before any legal proceedings, law enforcement officers at the scene of the accident will gather information, including the contact information and driver’s license numbers of those involved in the car crash. Officers will also take pictures and interview witnesses, including the motorists, to create a police report of the accident. Though typically not admissible in court, police reports can be relevant when negotiating a settlement with the other party or insurance company.

What can you do if the officer says you were at fault, but you believe they were incorrect in writing that in the report? “Police officers do make mistakes, and [car accident lawyers] don’t base their decision to take a case on a police report. We have taken cases where a police report is wrong,” says Amy Bradley, a personal injury lawyer at Blankingship & Keith in Fairfax, Virginia.

To try to reverse an insurance company’s claim denial based on a police report, “[Your lawyer will] collect all the evidence, which can include talking to eyewitnesses, getting police body cam footage, or interviewing the drivers,” says Bradley. “There are various ways to investigate what happened in the crash. Then, usually, we present that information to the insurance company and ask them to reverse their liability decision.”

Bradleys says that if the insurance company doesn’t reverse their decision, “But you think you’re correct and your client is not at fault, sometimes your only option is to take it to trial.”

Find the Right Attorney for Your Needs

Civil defendants often have lawyers through their insurance policies, so if you are initiating a car accident lawsuit, you will want to consider speaking with a lawyer to even the playing field. A lawyer will further your case by interviewing witnesses and collecting necessary evidence. They can also anticipate potential problems with your case while keeping track of deadlines and paperwork. Visit the Super Lawyers directory to find an experienced car accident lawyer in your area.

If you are defending against criminal charges after a car accident, your lawyer can protect your legal rights by representing you in trial or negotiating a plea agreement. Find a criminal defense lawyer in your area.

Car Accident Attorney FAQs

Below are some common questions you might want to consider when meeting with an attorney for the first time.

How do I prove the other driver caused my injuries?

To prove the other driver caused your injuries in a car accident, you’ll need to gather as much evidence as you can, such as police reports, witness statements, photos and videos of the scene, medical records showing your injuries, and possibly expert testimony. Seasoned car accident lawyers will understand what types of evidence you’ll need to support your claim and gather it.

What is the statute of limitations for bringing a car accident claim?

The statute of limitations for filing a car accident claim varies by state, but the time limit generally ranges from one to three years from the accident date. Legal deadlines are complicated and have many exceptions and special rules. You need a lawyer to determine how much time you have to file a claim, so it’s important to speak with one promptly to ensure you don’t miss the deadline.

Can I get compensation if I’m partly at fault for the accident?

Depending on the state where you live, you can still receive compensation if you’re partly at fault for a car accident. However, the amount you can recover will likely be reduced by your percentage of fault. In some states, you cannot recover any compensation if you’re even partly at fault. Your lawyer will know the rules in your state for determining fault and compensation.

Will compensation cover my medical expenses?

Yes, compensation from a car accident claim can cover medical expenses resulting from your personal injuries, including operations you may need, ongoing medical care, and future medical expenses.

What are car accident lawyer attorney’s fees?

Personal injury attorneys who handle car accident cases typically work on a contingency fee basis, which means they only get paid if you win your case. So, there are no upfront legal fees for speaking with or hiring a lawyer. The contingency fee is a percentage of your car accident settlement or court award. Sometimes capped by state law, contingency fee amounts often range between 25 and 40 percent of the compensation award. Discussing attorney’s fees with your potential lawyer during the initial consultation is always best.