Automobile accidents are used as a buzz word by Insurance companies. This name of choice exists because it by definition the conduct leading to these injuries is unintentional and inadvertent. Car wrecks are one of the top causes of injury in the United States. The word accident also makes it difficult to think about deaths and lifetime injuries caused by an automobile accident. While it is true that negligent conduct causes many of wrecks that occur in the United States, careless decisions are often the root cause of automobile accidents. Distracted driving is on the rise, and the choice to pay attention to something other than the road is a decision that often leads to injury. Another cause of automobile accidents is defective parts in cars.
Most states have laws requiring drivers to carry insurance coverage, but juries will never be told about any coverage.
Negligence is the legal term for whenever someone acts in a way that a reasonable person wouldn’t act. Staring at your cell phone while traveling at highway speeds should automatically fall into that category. The law calls us all to act reasonably, and to use consideration for our fellow men. When an individual’s negligence causes injuries, medical bills, lost work and future medicals the law requires repayment of these amounts as much as possible.
The amount of damages owed in any injury case is dollar for dollar the amount it would take to fully put an injured person or their family back to the way they were prior to the wreck. There are injuries and changes to a life that money cannot repair, but the job of the jury is to make this determination at trial. What is the cost to a person to live day to day with pain for the rest of your life, or to lose the ability to pick up your children?
In a lawsuit there are times when negligence as a matter of law can be established. This sort of negligence is also called negligence per se, but can be shown where a defendant breaks traffic laws or statutes in causing the wreck. If a wreck is caused as a vehicle drives the wrong way on the road or while the driver is intoxicated.