Car accident claims are most commonly pursued under tort laws. Such claims affect many different legal areas, such as personal injury, wrongful death and property damage.
Bases for Car Accident Claims
A personal injury claim involves an injured person seeking compensation for various types of damages he or she incurred as a direct result of the injury, including:
To obtain these damages in the case of a car accident claim, the injured victim must show that he was hurt as a result of someone else's negligent actions (actions that were so careless that no reasonable person would have done them). In addition to a standard personal injury/negligence claim, other claims such as wrongful death (a type of personal injury claim where a death is caused by another), and property damage claims can also arise from car accidents.
When Fault Changes the Bases
Most commonly a car accident claim will be pursued under these types of laws and will involve the injured driver suing the responsible driver. However, in certain rare cases, other issues may arise as well that change either which law is sued under, who is sued, or both. Sometimes, the car accident is caused by a problem with the vehicle itself. If, for example, you get into a car accident because a car manufacturer used brakes that suddenly stopped working, you might be able to pursue a legal claim against the manufacturer of the car or the brakes under a product liability claim.
Other times, the person who caused the injury isn't the right one to sue because there is someone else with a greater ability to actually pay your damages. For example, if you are injured by a driver who is driving a vehicle as part of his work duties, it is possible that he will be viewed under the law as acting as an "agent" for his employer. This would mean that under agency law doctrines, you could sue the employer. You would use standard personal injury law rules when filing suit against the employer.
Getting Help with Car Accident Claims
In any event, a personal injury attorney can explain your legal options and rights after an automobile accident. Don't try to take such a complex case to court on your own.