Motor Vehicle Accidents

Every year millions of people are injured in motor vehicle accidents. Motor vehicle accidents are the leading cause of injury in the United States for people ages 1-34.

Many vehicle manufacturers have made safety improvements to their vehicles including air bags, rollover bars, reinforced frames, better tires, etc. Additionally, many states have passed tougher drunk driving laws. As a result, many lives may have been spared. However, with an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a car accident.

Automobile Accidents

Automobile accidents are one of the leading causes of accidental injury in this country. Each year, thousands of people are killed in motor vehicle crashes and millions are injured. These crashes are frequently caused by the negligence of other drivers, leading to their own death or injury as well as those of innocent victims. Motor vehicle accidents can have many causes, but they can usually be divided into negligence, intentional misconduct, or product liability. While it is true that accidents can be caused by a so-called "act of nature" such as earthquakes, these are rare.

Negligence is one of the primary causes of automobile accidents. Negligent acts occur when a driver causing an accident does not exercise reasonable care. For example, he was driving too fast or too slowly for the conditions. Perhaps he allowed himself to be distracted. Perhaps he carelessly ignored traffic signals or conditions. There are many areas in which negligence can occur but negligence is a failure to be careful rather than an act intended to cause harm. A person who is distracted and rear-ends another vehicle at a red light is negligent.

Intentional misconduct, on the other hand, is an action committed when the person knew that his actions could cause harm and did not care, or actively desired to harm others. A driver who drives at a high rate of speed, cutting in and out of traffic, may be intentionally putting himself and others at risk.

The law of strict liability could apply in some circumstances and neither negligence nor intent would need to be shown. Another cause of auto accidents is product failure. The Firestone tire litigation is a prime example of product failure. In that case, a defect in the tire caused accidents beyond the control of drivers. The defects were not intentional but in law the manufacturer was responsible. A similar situation could exist if a repair to the car was done improperly and resulted in a crash. In some states, in the case of auto accidents caused by drunk drivers, the business or host who supplied the alcohol and allowed the driver to drive in an intoxicated condition could be found to have a liability in addition to the drunk driver.

Large Truck Accidents

A high percentage of traffic crashes and deaths involve large trucks. A large truck is any truck whose vehicle weight is over 10,000 pounds. Because of their size, crashes involving large trucks are more likely to result in serious injury and death than are car crashes. Approximately 10% of all those injured in a large truck crash will die. Large trucks are more likely to be involved in multiple-vehicle crashes than are passenger cars. Both Federal and state regulations govern trucking and cover areas such as safety of equipment and hours of the drivers. Trucking companies are required to keep records of such information and it will be necessary to find and research such records. Poor equipment and driver fatigue can be causes of such crashes, and a careful study of the trucking company records may be needed to determine if negligence has occurred.

Motorcycle Accidents

Motorcycle accidents cause a much higher incidence of death and injury per accident than do car accidents. In other words, if you are involved in a vehicular accident and you are on a motorcycle, you are 3 times more likely to be injured and 14 times more likely to be killed. Helmet laws, enacted in many states, are helping to reduce these numbers, but motorcyclists still are at greater risk of death or injury than those in passenger vehicles.

It is always wise to take precautions when riding a motorcycle, including:

• Wear a helmet and require your passengers to do so.
• Obey the traffic laws, especially in regard to speeding, passing, and following too closely.
• Remember that you are not as large or as visible as an automobile, so do all you can to increase your own visibility, such as riding with the headlight on at all times and wearing reflective clothing after dark.
• Be sure you are able to control the motorcycle while carrying a passenger and insist that the passenger obey your directions.
• Road hazards have a much greater affect on a small two-wheel vehicle, so watch for bumps, cracks in the road, loose gravel or any other condition that might cause you to lose control.

If you or a loved one is in need of legal assistance, call Brad, Frank or Mike at (770) 392-6080 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.