Who Pays When You Sue in a Car Accident?
Negligent drivers cause car accidents in many ways, including speeding, distracted driving, reckless lane changes, and driving under the influence. These dangerous behaviors put others at risk, often leading to serious injuries and financial losses. When a negligent driver causes an accident, their insurance company is typically responsible for paying damages if you file a lawsuit. Liability insurance covers medical expenses, lost income, vehicle repairs, and pain and suffering for victims. However, insurance companies often try to minimize payouts or deny claims.
A skilled car accident attorney can handle the legal steps of your case, ensuring that you recover the full compensation you deserve. They will gather evidence, negotiate with insurance companies, and, if necessary, take the case to trial. An attorney can also guide you through complicated legal procedures, protect your rights, and fight for the maximum settlement or jury verdict possible. If you suffered an injury in a car crash due to negligence, an experienced Fort Lee car accident lawyer can navigate the legal process while you focus on recovery.
Types of Car Accident Injuries
Car accidents can lead to a wide range of injuries, both physical and mental, especially when they result from another driver’s negligence. Victims often suffer harm that may affect their daily lives, relationships, and overall well-being. Among the most common physical injuries are whiplash, broken bones, and head trauma.
Whiplash occurs when the head is suddenly jerked forward and backward due to the force of a collision. This can strain muscles, ligaments, and nerves in the neck, causing stiffness, pain, and difficulty moving. While some cases of whiplash heal with time, others can lead to chronic pain and long-term discomfort.
Broken bones are another frequent consequence of car crashes. The force of a collision can easily fracture ribs, arms, legs, or even the pelvis. In more severe accidents, victims may require surgery, physical therapy, or months of recovery before they regain full mobility. Some fractures can leave lasting damage, affecting a person’s ability to work or carry out daily tasks.
Head injuries are particularly serious, as they can range from concussions to traumatic brain injuries. A concussion may cause dizziness, memory problems, and headaches, while more severe brain injuries may lead to permanent cognitive impairments, personality changes, or difficulties with speech and coordination.
Beyond physical injuries, the mental and emotional effects of a car accident can be just as damaging. Many victims experience post-traumatic stress disorder (PTSD), which can cause flashbacks, nightmares, and intense anxiety whenever they think about or encounter situations that remind them of the crash. Even if they are physically healed, they may struggle with overwhelming fear when driving or riding in a car, making it difficult to resume normal activities. Depression is also common, especially for those who suffer life-changing injuries that limit their independence. Feelings of frustration, anger, and helplessness can build up, affecting their ability to find joy in life.
Anxiety is another serious consequence, leaving victims in a constant state of worry. They may become overly cautious, avoiding driving altogether or feeling on edge whenever they are in a vehicle. Sleep disturbances, mood swings, and emotional detachment from loved ones can also develop, making it harder to cope.
Whether physical or mental, the injuries resulting from car accidents due to another driver’s negligence can have long-lasting effects, changing a victim’s life in ways they never expected.
Most Common Ways that Negligent Drivers Cause Car Accidents
Negligent drivers cause car accidents in many ways, often putting others at risk due to careless or reckless behavior. One of the most common causes is distracted driving, which happens when a driver takes their attention away from the road. This can include texting, talking on the phone, eating, adjusting the radio, or even talking to passengers. A few seconds of distraction is enough to cause a rear-end collision, where one vehicle crashes into the back of another. These accidents often happen at stoplights or in heavy traffic and can result in whiplash, head injuries, or more severe damage if the impact is strong.
Speeding is another major cause of accidents. When drivers exceed the speed limit or drive too fast for road conditions, they reduce their ability to react in time to avoid a crash. Speeding often leads to rollover accidents, especially for SUVs and trucks, which have a higher center of gravity. It can also cause T-bone collisions, where one car slams into the side of another at an intersection, often resulting in serious injuries or fatalities.
Drunk driving remains one of the deadliest forms of negligence on the road. Alcohol impairs a driver’s ability to make decisions, react quickly, and control their vehicle. Drunk drivers frequently cause head-on collisions, which happen when a vehicle crosses into oncoming traffic. These crashes are extremely dangerous because they often occur at high speeds, leading to severe injuries or death. Impaired drivers may also run red lights or stop signs, causing side-impact accidents that can crush the occupants of another vehicle.
Reckless driving, which includes aggressive behavior like tailgating, weaving between lanes, and ignoring traffic signals, is another dangerous form of negligence. Tailgating increases the likelihood of rear-end collisions, while erratic lane changes can cause multi-car pileups on highways. Road rage incidents, where a driver acts out of anger and drives aggressively, can lead to forced-off-the-road crashes or intentional collisions.
Drowsy driving is another overlooked but serious cause of accidents. Fatigue slows reaction times and impairs judgment, much like alcohol. Tired drivers may drift into other lanes or even fall asleep behind the wheel, leading to devastating crashes such as head-on or off-the-road accidents.
Negligent driving in any form puts lives at risk, leading to preventable accidents that can cause lasting harm to victims.
Who is Responsible for Paying if You File a Third-party Car Accident Lawsuit
When you file a third-party car accident lawsuit, the at-fault driver’s insurance company is typically responsible for paying any damages awarded. In most cases, drivers carry liability insurance, which is designed to cover the costs of injuries, property damage, and other losses when they cause an accident. If you suffered an injury due to another driver’s negligence, their insurance should cover your medical expenses, lost income, pain and suffering, and vehicle repairs. However, the process isn’t always simple, as insurance companies often try to minimize payouts or dispute claims to save money.
If the at-fault driver does not have enough insurance to cover all of your damages, or if they don’t have any insurance at all, the situation becomes more complicated. This is where uninsured and underinsured motorist coverage can help. Uninsured motorist (UM) coverage is a type of insurance that protects you if you are in an accident with a driver who has no insurance. If the other driver is at fault but uninsured, your own insurance company can step in and pay for your injuries and damages up to the limits of your policy. Similarly, underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to fully cover your losses. In this case, your insurance company will cover the remaining costs as long as they fall within your policy limits.
In some situations, additional coverage from your own policy may also come into play. For example, if you have medical payments coverage, sometimes called MedPay, it can help pay for medical expenses regardless of who was at fault. Personal Injury Protection (PIP), which is required in some states, covers medical costs and lost income, even if the other driver is uninsured. Collision coverage, on the other hand, helps pay for repairs to your vehicle after an accident, regardless of fault.
While the at-fault driver’s insurance is usually responsible for paying, dealing with insurance companies can be challenging. They may deny liability, offer low settlements, or delay payments. If an insurance company refuses to pay what you deserve, filing a lawsuit may be necessary to recover full compensation. In these cases, a knowledgeable car accident attorney can negotiate with insurers or take your case to court to ensure you receive the compensation you need to cover your losses.
Steps of Litigating a Third-party Car Accident Case
Litigating a third-party car accident lawsuit begins with filing a lawsuit in court. This process starts when your attorney drafts and submits a formal complaint against the at-fault driver. The complaint outlines the details of the accident, the injuries you suffered, and the damages you are seeking. Once filed, the defendant, or the at-fault driver, is served with the lawsuit and given time to respond. Their insurance company typically hires a lawyer to defend them, and they may either admit or deny liability.
After the lawsuit is filed, both sides enter the discovery phase. This is where attorneys for both parties gather evidence, exchange documents, and take depositions. Depositions involve questioning witnesses, including drivers, passengers, and experts, under oath. A skilled car accident attorney will handle this process by collecting medical records, police reports, and expert opinions to strengthen your case. They may also negotiate with the opposing side to try to settle the case before it goes to trial.
During the pre-trial phase, settlement negotiations often intensify. Most car accident lawsuits are resolved through settlements because going to trial is costly and time-consuming for both parties. Your attorney will negotiate aggressively with the insurance company to ensure you receive fair compensation for medical expenses, lost income, pain and suffering, and vehicle damage. If a fair settlement is reached, the case is resolved without the need for a trial.
If no settlement is reached, the case proceeds to trial. At trial, your attorney presents evidence, calls witnesses, and makes arguments before a judge or jury. A skilled car accident attorney will fight for the maximum compensation you deserve.
Once the trial concludes, the judge or jury delivers a verdict. If you win, the court will order the at-fault party’s insurance company to pay damages.
Types of Compensable Damages in a Third-party Car Accident Lawsuit
When you file a third-party car accident lawsuit, you may be entitled to receive compensation, depending on the severity of your injuries, the financial effects of the accident, and the level of negligence involved. The three main categories of damages you may recover are economic damages, non-economic damages, and, in some cases, punitive damages.
Economic damages refer to the financial losses you have suffered as a direct result of the accident. These damages are meant to compensate you for measurable expenses, such as medical bills, lost income, and property damage. Medical expenses can include hospital stays, surgeries, physical therapy, medications, and any future medical treatments you may need due to your injuries. Lost earnings cover the income you have missed because of the accident, whether due to time off work for recovery or permanent disability that affects your ability to earn in the future. If your vehicle was damaged or totaled in the crash, economic damages may also include the cost of repairs or replacement. A skilled car accident attorney will gather medical records, pay stubs, and repair estimates to prove these losses and ensure you receive full compensation.
Non-economic damages are more difficult to calculate because they involve the emotional and psychological effects of the accident. These damages compensate you for pain and suffering, emotional distress, loss of life enjoyment, and loss of companionship if the accident affects your relationships. Pain and suffering cover the physical pain and discomfort you experience due to your injuries, while emotional distress accounts for the anxiety, depression, or trauma you may face. If your injuries prevent you from engaging in activities you once enjoyed, you may also be compensated for your loss of life enjoyment. Non-economic damages vary from case to case, and an experienced attorney will work to demonstrate the full extent of how the accident has affected your well-being.
In rare cases, punitive damages may be awarded. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are intended to punish the at-fault driver for extreme negligence or reckless behavior. Courts may award punitive damages in cases involving drunk driving, road rage, or intentional harm. These damages serve as a deterrent to prevent others from engaging in similar misconduct.
Verdicts and Settlements
$1,478,000 - Tractor Trailer Accident
To a 41 year old police officer injured off duty in his own parked car when a tractor trailer hit the officer’s open driver’s side door, forcing the car up onto the sidewalk.
$11,500,000 - Hospital Negligence
A North Carolina hospital has paid $11.5 million to the two surviving minor children of a man who murdered his wife, stepdaughter and baby daughter then forced his two surviving kids to live in an apartment with the corpses before he finally killed himself.
$2,250,000 - Motor Vehicle Crash
To a Union Electrician injured when he was hit on the Garden State Parkway north causing him to spin and hit the median barrier. The injuries sustained required two back surgeries following the aggravation of pre-existing stenosis leaving him unable to work.
Speak with a Knowledgeable Car Accident Lawyer Today
If you sustained injuries in a car crash, a knowledgeable car accident lawyer will pursue the full compensation you deserve. They can file a claim or lawsuit on your behalf, handle the legal steps of the process, and negotiate with insurance company adjusters.
If the insurance company won’t make you a fair settlement offer, your lawyer can take your car accident case to court and pursue a favorable judgment or jury award.
