Car accidents are an unfortunate reality on today's roads. They can happen to anyone at any time, often leading to serious injuries, property damage, and emotional distress. When these accidents occur due to the negligence or recklessness of another party, you may be entitled to compensation through a car accident claim.
Even if the insurance company offers you a settlement from the insurance company, consult with a car accident lawyer in Nebraska before accepting it to understand your rights and the types of compensation you may be entitled to.
Common Types of Car Accidents
Here are some of the most common types of car accidents that often lead to car accident claims. Understanding these scenarios can help you take the necessary steps to protect your interests if you find yourself in such a situation.
Rear-End Collisions
Rear-end collisions are among the most common types of car accidents. They typically occur when one vehicle crashes into the back of another. In many cases, these accidents result from distracted driving, tailgating, or sudden stops. The driver who rear-ends another vehicle is often considered at fault due to their failure to maintain a safe following distance or pay attention to the road.
Victims of rear-end collisions may suffer injuries such as whiplash, concussions, or back injuries, making it crucial to file a car accident claim to cover medical expenses and other damages.
T-Bone (Side-Impact) Collisions
T-bone collisions, also known as side-impact collisions, happen when the front of one vehicle crashes into the side of another vehicle, forming a "T" shape. These accidents often occur at intersections when one driver fails to yield the right of way or runs a red light.
T-bone collisions can result in severe injuries, especially for passengers on the side of the impacted vehicle. Victims may require compensation for medical bills, lost income and earnings, and pain and suffering.
Head-On Collisions
Head-on collisions are some of the most devastating car accidents, typically occurring when two vehicles collide front to front. These accidents often result from factors such as drunk driving, distracted driving, or wrong-way driving.
Head-on collisions are notorious for causing life-threatening injuries and fatalities. Victims or their families may pursue car accident claims to cover medical expenses, funeral costs, and other related damages.
Sideswipe Accidents
Sideswipe accidents occur when two vehicles traveling parallel to each other make contact. These accidents can happen while changing lanes, merging onto highways, or when one driver drifts out of their lane. While sideswipe accidents may not always result in serious injuries or extensive damage, they can still lead to disputes over liability.
Victims of sideswipe accidents may need to file a car accident claim to ensure they are adequately compensated for any injuries or vehicle repairs.
Single-Vehicle Accidents
Not all car accidents involve multiple vehicles. Single-vehicle accidents occur when a driver loses control of their vehicle and crashes into a stationary object, such as a tree, pole, or guardrail. These accidents can result from various factors, including adverse weather conditions, road hazards, or driver error. In some cases, a defective vehicle component may also be to blame.
If a single-vehicle accident is caused by another party's negligence, such as a poorly maintained road or a defective car part, victims may have grounds for a car accident claim or even a product liability claim.
Rollover Accidents
Rollover accidents happen when a vehicle flips over onto its side or roof. These accidents often involve SUVs, trucks, or other vehicles with a high center of gravity. Excessive speed, sharp turns, or abrupt maneuvers can trigger rollovers.
Victims of rollover accidents can sustain severe injuries, including head trauma, spinal cord injuries, or fractures. In some cases, these accidents may result from design defects or inadequate safety features, leading to potential product liability claims.
Hit-and-Run Accidents
Hit-and-run accidents occur when a driver involved in a collision flees the scene without stopping to exchange information or offer assistance to the other party. These accidents can be particularly challenging for victims seeking compensation, as identifying and locating the at-fault driver may be difficult.
In such cases, uninsured motorist coverage or assistance from an experienced car accident attorney can be invaluable in pursuing a claim for damages.
I Was Hurt in a Car Accident. Do I Have a Car Accident Claim?
To have a car accident claim, it is typically necessary to establish negligence on the part of the other driver involved in the accident. Negligence is a legal concept that forms the basis of personal injury claims, including those arising from car accidents.
To prove negligence, you must demonstrate that the other driver failed to meet the standard of care expected of a reasonable person in a similar situation. Negligence is typically established by demonstrating four key elements:
1. Duty of Care
The first element in proving negligence is establishing that the other driver owed you a duty of care. In the context of a car accident, this duty of care is relatively straightforward. Every driver on the road has a legal obligation to operate their vehicle safely, follow traffic laws, and avoid actions that could reasonably lead to harm to others. Essentially, drivers are expected to exercise reasonable caution and follow the rules of the road to prevent accidents and protect the safety of others.
2. Breach of Duty
Once you establish that the other driver owed you a duty of care, the next step is to demonstrate that they breached that duty. This means showing that the other driver failed to act as a reasonably prudent person would have under similar circumstances. Common examples of breaches of duty in car accidents include speeding, running red lights, tailgating, distracted driving, or driving under the influence of alcohol or drugs.
3. Causation
To succeed in a car accident claim, you must establish a direct link between the other driver's breach of duty and the injuries or damages you suffered. In other words, you need to prove that the other driver's actions were the proximate cause of the accident and your injuries. This can involve presenting evidence, such as witness statements, accident reports, and medical records, to demonstrate that the accident occurred as a result of the other driver's negligence.
4. Damages
Lastly, to have a valid car accident claim, you must demonstrate that you suffered actual damages as a result of the accident. Damages can take various forms, including medical expenses, property damage, lost wages or income, pain and suffering, and emotional distress. It’s important to provide evidence and documentation that supports the extent of your damages, such as medical bills, repair estimates, pay stubs, and expert testimony if necessary.
What Compensation Can I Get in a Car Accident Claim?
Car accident victims may be eligible for several types of damages in a car accident claim. In a car accident case, damages refer to the losses or harm suffered by the victim due to the accident.
These damages can encompass a wide range of physical, emotional, and financial consequences experienced due to the negligence or recklessness of the at-fault party. When pursuing a car accident claim, the goal is to seek compensation for these damages to help the victim recover and rebuild their life after the accident.
The types of damages that you may be compensated for in a car accident claim include:
- Medical Expenses: These are among the most common types of damages and cover the costs associated with medical treatment, including hospital bills, surgeries, doctor's visits, prescription medications, rehabilitation, and any future medical care related to the accident.
- Property Damage: This category includes the cost of repairing or replacing your vehicle and any other personal property that was damaged or destroyed in the accident. Property damage claims typically cover vehicle repairs, towing, and rental car expenses while your car is being repaired.
- Lost Earnings or Wages: If the car accident caused you to miss work due to injuries, you may be eligible for compensation for the income you would have earned during that time. This can include both past and future lost wages, as well as any diminished earning capacity if your injuries result in long-term or permanent disability.
- Pain and Suffering: These non-economic damages encompass the physical and emotional distress you experienced as a result of the accident, including pain, anxiety, depression, and a reduced quality of life. Calculating pain and suffering damages can be more subjective and may require the expertise of medical professionals and legal experts.
- Emotional Distress: In some cases, car accident victims may suffer severe emotional distress, such as post-traumatic stress disorder (PTSD) or psychological trauma. Compensation may be available to address the emotional impact of the accident.
- Loss of Consortium: This type of damage compensates a spouse or family member for the loss of companionship, care, and support that resulted from the injuries sustained by the accident victim.
It's important to understand that the availability and calculation of damages can vary based on the specific circumstances of the accident, the severity of injuries, and local laws. To ensure you receive fair and just compensation for the damages you have suffered, it's advisable to consult an experienced car accident attorney who can assess your case, calculate your damages accurately, and advocate on your behalf throughout the claims process or in court.
Contact an Experienced Car Accident Lawyer from Steffens Law Offices, P.C. Today
Car accidents can take many forms, each with its own set of complexities and challenges when it comes to seeking compensation. If you or a loved one suffered injuries in any type of car accident, it's crucial to understand your rights and legal options.
Contact the experienced personal injury attorneys in Nebraska at Steffens Law Offices, P.C. We can help you navigate the legal process, gather evidence, and negotiate with insurance companies to ensure you receive the compensation you deserve.
Remember, you don't have to face the aftermath of a car accident alone. With the right legal representation, you can protect your interests and work towards a fair resolution that helps you move forward after a traumatic experience on the road. Contact the Steffens Law Offices, P.C. today to discuss your case at (308) 872-8327 or through our online form.