Stephen Hasner | Car Accidents | October 8, 2024
Car accidents frequently happen when other drivers are negligent, such as by engaging in distracted driving, drinking and driving, or exhibiting road rage. In most situations, once a car accident case is resolved through settlement or litigation, it is closed permanently. However, in some limited situations, the car accident case may be reopened. Those situations typically involve some type of misrepresentation or mutual mistake and are jurisdiction-specific.
If you sustained injuries in a recent car crash, your attorney can guide you throughout the settlement and litigation processes, answer all of your questions, and pursue the maximum compensation available to you in your case.
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How Do Car Crashes Most Frequently Happen?
Car accidents often occur due to the negligence of other drivers, leading to serious injuries and damages.
- One of the most prevalent forms of driver negligence is distracted driving, including activities such as texting, talking on the phone, eating, or adjusting the radio while driving. Distracted drivers may fail to notice stop signs, traffic signals, or pedestrians, thereby leading to collisions. A common type of accident resulting from this negligence is rear-end collisions, where a distracted driver does not brake in time, crashing into the vehicle in front.
- Another major contributor to car accidents is excessive speeding. Many drivers exceed the posted speed limit or drive too fast for road (or weather) conditions, reducing their ability to react quickly to sudden changes in traffic or hazards. Speeding increases the severity of accidents, often resulting in serious injuries or fatalities. High-speed crashes typically occur at intersections or during lane changes, where drivers misjudge the space and time needed to maneuver safely.
- Driving under the influence of alcohol or drugs is another significant form of negligence that frequently leads to traffic accidents. Impaired drivers may experience reduced coordination, judgment, and reaction times, increasing the likelihood of collisions. Common types of accidents caused by intoxicated drivers include head-on collisions and T-bone crashes, which can be devastating due to the high impact involved.
- Reckless driving, which encompasses aggressive behaviors like tailgating, weaving in and out of traffic, and road rage, is another dangerous form of negligence. These actions can create hazardous conditions for other drivers, leading to collisions such as sideswipe crashes or multi-vehicle pile-ups.
- Finally, ignoring established traffic laws, such as running red lights or failing to yield, can result in serious accidents. These violations often lead to T-bone crashes, particularly at intersections, where vehicles collide at high speeds.
Common Car Crash Injuries
Car accidents resulting from another driver’s negligence can lead to a wide range of injuries, many of which require extensive medical care.
- One of the most frequent injuries sustained in car accidents is whiplash. This neck injury occurs when the head suddenly jerks forward and then backward, straining the muscles and ligaments. Symptoms can include pain, stiffness, headaches, and limited range of motion. Treatment often involves physical therapy, pain management, and sometimes chiropractic care.
- Another common injury is a concussion – a type of traumatic brain injury (TBI) resulting from a blow to the head or violent shaking of the brain. Symptoms can vary widely and may include confusion, dizziness, headaches, and memory problems. Treatment usually focuses on rest and gradual return to normal activities, but severe cases may require specialized neurological evaluation.
- Soft tissue injuries, including sprains and strains, occur when muscles, tendons, or ligaments become stretched or torn. These injuries can be painful and may require physical therapy, rest, and anti-inflammatory medications for recovery. Depending on the severity, some may necessitate surgical intervention.
- Injuries to the back and spine, such as herniated discs or spinal fractures, can result in chronic pain and mobility issues. Treatment options often include physical therapy, medication, and, in some cases, surgery to alleviate pressure on nerves or stabilize the spine.
- Lacerations and abrasions are also common, especially if the accident involves broken glass or metal. These injuries can range from cuts to deep gashes requiring stitches or surgical repair.
- Fractures are also prevalent in car accidents, affecting various bones such as the arms, legs, ribs, and pelvis. These breaks can result from the force of impact or from bracing for impact. Treatment typically involves immobilization with casts or splints, and severe fractures may require surgery to realign the bones and stabilize them with plates or screws.
- Finally, internal injuries, such as organ damage or internal bleeding, can occur, particularly in high-impact collisions. These injuries are often life-threatening and require immediate medical attention, potentially leading to surgery and long-term care.
Recoverable Damages in a Car Crash Claim or Lawsuit
In a car accident claim or lawsuit, the injured party may recover several types of damages, the purpose of which is to make them whole again. These damages are usually divided into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.
Economic damages are financial losses that can be easily measured. These typically include medical expenses, lost earnings, and property damage. Medical expenses cover costs for treatments, hospital stays, surgeries, physical therapy, and even future medical care if the injuries are long-term or permanent.
Lost earnings account for the income a person loses while recovering from their injuries. If the accident prevents someone from returning to work or reduces their ability to earn money, future lost earnings may also be considered. Property damage typically refers to the cost of repairing or replacing a vehicle or other property damaged in the collision.
Non-economic damages, on the other hand, are harder to measure because they do not have a specific monetary value. These damages include compensation for pain and suffering, emotional distress, loss of life enjoyment, and loss of companionship.
Pain and suffering refers to the physical discomfort and emotional trauma a person endures after the accident. Emotional distress covers mental health issues that may arise, such as anxiety, depression, or PTSD. Loss of life enjoyment occurs when injuries prevent someone from participating in activities they once enjoyed, like hobbies or sports. Loss of companionship compensates family members for the emotional effect of an injured loved one being unable to engage fully in family life.
Punitive damages are much less common and are awarded only in cases where the at-fault driver’s behavior was especially reckless, malicious, or intentional. These damages are not meant to compensate the injured party directly but are instead designed to punish the wrongdoer and discourage similar behavior in the future. For example, if the at-fault driver was driving drunk or engaging in particularly dangerous behavior, the court may award punitive damages.
Together, these damages aim to make the injured party whole again by compensating them for both their financial losses and the emotional toll the accident has taken on their life.
Settling or Litigating a Car Accident Claim Favorably
Settling or litigating a car accident case involves several steps, beginning with gathering the necessary documentation and potentially concluding with alternative dispute resolution (ADR) or a trial. An experienced car accident attorney can provide crucial assistance throughout each stage of this process.
- Gathering Documentation – The first step in pursuing a car accident case is collecting all relevant documentation, including the accident report, medical records, bills, proof of lost income, and photographs of the accident scene and injuries. A lawyer can guide victims on which documents to gather and ensure everything is organized for a strong case.
- Evaluating Damages – After gathering documentation, the next step is to evaluate the damages incurred from the accident. This assessment includes calculating medical expenses, lost income, property damage, pain and suffering, and any future costs related to ongoing treatment. An attorney experienced in personal injury cases can provide a detailed evaluation and explain to victims the full extent of their losses.
- Sending a Demand Letter – Once damages are assessed, the attorney will typically draft and send a demand letter to the at-fault party’s insurance company. This letter outlines the accident details, injuries sustained, and the total amount of damages being claimed. A lawyer knows how to craft a persuasive demand letter that can lead to a favorable settlement.
- Negotiation – Following the demand letter, negotiations with the insurance company begin. Insurance adjusters often attempt to minimize payouts, so having an attorney is vital during this phase. They can advocate for the victim’s rights, negotiate effectively, and counter low settlement offers to ensure that the compensation reflects the true extent of the victim’s losses.
- Filing a Lawsuit – If negotiations fail to produce a satisfactory settlement, the attorney may recommend filing a lawsuit, which involves preparing and submitting legal documents to the court and officially starting the litigation process. A lawyer can handle all legal aspects, including drafting pleadings, responding to motions, and representing the victim in court.
- Discovery Process – During litigation, both parties engage in the discovery process, exchanging evidence and information relevant to the case. A lawyer plays a crucial role in conducting depositions, gathering witness statements, and obtaining expert opinions to build a strong case.
- ADR or Trial – If a settlement is not reached through negotiations or discovery, the case may proceed to alternative dispute resolution, such as mediation or arbitration, or ultimately go to trial. An experienced lawyer will prepare for trial by presenting evidence, examining witnesses, and making persuasive arguments to support the victim’s case.
The process of settling or litigating a car accident case is complex and involves several stages, from gathering documentation to potential trial. A knowledgeable car accident attorney is invaluable at every step, ensuring that victims receive the best possible outcome for their claims.
Potentially Reopening a Resolved Car Accident Claim
Once a car accident case is resolved through settlement or litigation, it is generally considered final. However, there are some very limited circumstances under which a case may be reopened. Understanding these circumstances is crucial for accident victims who may consider pursuing further claims after resolution.
- New Evidence – One of the primary reasons a case may be reopened is the discovery of new evidence that can significantly affect the outcome. If evidence arises that was not available during the original case and can potentially change the decision or settlement; the court may allow the case to be revisited. This evidence must be substantial and compelling to warrant reopening the case.
- Fraud or Misrepresentation – If one party engaged in fraud or misrepresentation during the settlement process, the case may be reopened. For example, if the at-fault driver or their insurance company concealed critical information or provided false statements that influenced the outcome, the injured party may have grounds to seek to reopen the case. Courts take fraud seriously and may allow a victim to pursue further compensation if evidence supports these claims.
- Mutual Mistake – In some instances, a mutual mistake regarding a critical fact can lead to reopening a case. If both parties made an error about an essential aspect of the case, such as the extent of damages or liability, it may be possible to challenge the settlement or judgment. The mistake must be material and affect the case’s outcome.
- Insufficient Compensation – If the settlement amount is deemed inadequate due to unforeseen medical complications or new developments in the accident victim’s condition, some jurisdictions may allow a case to be reopened. Reopening the case often requires proving that the injury’s effect was not fully understood at the time of settlement – which is a complex and often challenging argument to make.
- Appeal Process – In litigation cases, if one party believes that the trial court made a legal error, they may have the option to appeal the decision. An appeal can effectively reopen the case in the sense that it seeks to overturn the original verdict or settlement. However, this process is subject to strict timelines and legal standards.
Injured accident victims should consult with a knowledgeable car accident attorney to understand their rights and options in such situations.
Speak with an Experienced Car Accident Lawyer Right Away
If you suffered injuries in a motor vehicle crash, a skilled car accident attorney can handle every step of the process for you. They can also answer your questions, advocate on your behalf, and aggressively fight for the compensation you deserve throughout the entire case process.
