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Let’s say that you accidentally cross the center line and collide with a drunk driver’s car. Well, in this case, you may want to hold the drunk driver responsible simply because he was drunk. But that’s generally not how the law works. Yes, the drunk driver was arguably negligent for driving in that mental condition. He may even be arrested and convicted of a crime. However, you are the one who caused the accident, not him. So as a general rule, you are unlikely to be successful in proving that such a person is liable.
Like the other tort elements, causation has so many exceptions, that you will always have to consult with a lawyer to see how strong your case is.
Damages:
When it comes to automobile crashes, you can sue negligent parties for both personal injury and property damage, such as repairs for your car. Medical bills apply, including things such as physical therapy and rehab. But pain and suffering is another type of damage you can sue for. In some cases, you can even sue for the loss of consortium. An example of this is the inability to have relations with your spouse due to physical injury. In the case of wrongful death, you can get compensation for the loss of companionship.
In some cases, you might get punitive damages. These are damages assessed against particularly bad actors or repeat offenders. An example would be a drunk driver with multiple DUI convictions or a transportation company with a bad safety record that caused yet another accident. There is never a guarantee that you will get punitive damages, though. Subject to statutory limits and appellate reduction, punitive damages can go into the millions of dollars in some cases. However, that is not the typical award. So don’t expect to be getting rich off a lawsuit. Despite what some people say, those huge verdicts don’t happen on a daily basis. The vast majority of cases settle out of court with no trial or verdict.
Other Considerations:
Products Liability:
A big thing in car accidents in addition to a driver’s negligence is products liability. Sometimes, you can successfully sue the car manufacturer for a product defect. If you think Ford or GM failed to make a safe gear shift or something like that, then you might be able to sue that manufacturer if that is what caused your accident. These are very complicated cases. If you think your crash was caused by a defective car part or the failure to include a part that would have made the car safer, then you should contact a products liability attorney. Some lawyers or firms specialize in this area. Your local personal injury attorney might not have experience in this area. But he or she will likely be able to refer you to a products liability specialist.
Who can sue?
Generally, only the person who is actually injured or has property damage can sue. This is the concept of “standing.” However, if one of your family members dies, you may be able to file a “wrongful death” lawsuit. Who is eligible to file varies from state to state, so you need to talk to a local attorney. Wrongful death cases also generally depend on negligence and the elements described above. The difference is that the victim died, so the plaintiff is a family member or members instead of an actual victim.
Statute Of Limitations:
If you are interested in filing a lawsuit, then you must contact a lawyer as soon as possible. Some states require you to file a personal injury lawsuit within 2 years or even less after a crash occurs. In some harsh situations, you must file a notice of intent to sue within 60 days or so of an accident. This means you must immediately talk to an attorney and discuss your options. If the statute of limitations runs before you file suit, you are simply out of luck no matter how negligent the other party was in the crash.
Is negligence always required to get damages?
Definitely not. In no-fault states, you generally don’t have to prove any negligence at all. And depending on what insurance coverage you have, your own insurance company might reimburse you for personal injury or property damage. Examples are collision and comprehensive coverage and medical payments coverage. However, these might or might not pay you if you were negligent, depending on the terms and conditions of your policy. Regardless of whether you are in a no-fault or at-fault state, have your lawyer look at your insurance policy and the policies of those involved in the accident so you can determine your options.
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