Motor vehicle law is an area of law that is often seen as a blend of personal injury law and traffic law. While the personal injury component is important, it often relies heavily on the traffic law component to show fault and determine liability.
After an accident, the police officer on the scene will take statements from the drivers and passengers involved. They will also take pictures, speak with anyone who may have witnessed the incident. After all of this, they will create the official accident report. This will show how they believe the accident happened, and who the officer believes is at fault.
The accident report is frequently not the “last word” in liability for an accident. However, it does go a long way toward showing who may have acted with a higher degree of negligence. This negligence will ultimately be the primary factor that determines which driver is considered at fault for the accident.
If the injuries and damages that result from the accident are serious enough, the plaintiff, may file a personal injury lawsuit against the driver considered to be at fault, the defendant. In most cases, the defendant’s insurer will shoulder the cost of the defense and any awarded damages.
Motor Vehicle Accident Terminology
- Negligence – Either the action or inaction that caused the accident initially.
- Comparative Negligence – This is a fault determination method used in some areas that will decrease a personal injury award by the degree to which the plaintiff’s negligence contributed.
- Comprehensive Coverage – This is car insurance that even provides coverage for damages that don’t happen in an accident.
- Collision Coverage – Insurance that covers damages that happen in an auto collision.
- Uninsured/Underinsured Driver Coverage – This is an insurance product that helps those who are in an accident with another driver who lacks insurance, or whose insurance cannot cover the full damages.
- No-Fault State – Some states are “no-fault” states. This means that any driver injured in an accident needs only to see compensation for their damages from their own insurer and do not rely on proof of negligence. This cuts down on costly litigation as most claims are settled quickly.
Why Working With A Lawyer Is Important
The insurance companies are fully staffed with attorneys retained for the specific purpose of defending against insurance claims. This means that filing a personal injury claim puts a victim against vicious defense lawyers. These lawyers will try everything to minimize or deny their claim for fair compensation.
Accident victims, however, can leverage legal assistance of their own. They can hire attorneys that are specially trained in motor vehicle law. These attorneys will help to fight the insurer in order to get compensation for their damages. Lawyers who practice motor vehicle law are also known as car accident attorneys or personal injury lawyers. If you think you may have a claim under motor vehicle accident law, speak to a lawyer today.
