Motor Vehicle Accident
In 2024, more than 300,000 crashes involving motor vehicles occurred in Illinois alone. Across the country, over 40,000 people were killed and millions more injured in motor vehicle accidents. We rely on cars, trucks, and other vehicles to get us where we need to go and keep our economy running, but human error and driver mistakes can cause injury and even death to those involved in a crash.Â
Our team works on motor vehicle accident cases across the country to help people seek compensation for the harm they suffered. If you were involved in a crash with a car, truck, motorcycle, or other motor vehicle, reach out to our team at (331) 425-8022 or fill out our online case evaluation for a free discussion of your case.
Am I eligible for a motor vehicle accident lawsuit?Â
If you were involved in a motor vehicle accident, you may be able to seek compensation through a personal injury lawsuit. In order to do so, your legal team will seek to demonstrate that you suffered an injury as a result of the crash. They will gather information on your medical treatment and expenses, as well as other costs and non-monetary harm you may have suffered. Then, they will seek to win fair compensation through civil action.Â
Photo © Pixabay
Table of Contents
Major causes of motor vehicle accidents
Accidents are most often caused by human error. This may include:
- Reckless driving, including speeding, failure to yield, tailgating, or running red lights.
- Distracted driving, including texting while driving.
- Driving under the influence of alcohol or drugs.
The two most common causes of car crashes are drunk driving and speeding. According to Forbes Advisor, 32 percent of all fatal accidents are due to impaired driving, while 29 percent result from speeding.Â
The risks of driving can be heightened by road conditions and hazards in the environment, including:
- Road construction
- Badly maintained roads
- Unclear or missing signage
- Dangerous weather conditions, like fog, rain, or snow
- Heavy traffic
Common injuries sustained in motor vehicle accidents
Accidents with cars, trucks, and other moving vehicles can cause serious injuries to drivers, passengers, and pedestrians. Injuries commonly reported from crashes include:Â
- WhiplashÂ
- Broken bonesÂ
- Head injuries, including concussions and traumatic brain injuriesÂ
- Injuries to the spinal cordÂ
- Damage to internal organsÂ
- Lacerations and abrasionsÂ
- PTSD and other psychological injuriesÂ
Wrongful death claims
Some motor vehicle crashes have tragic consequences. If someone is killed as a result of an accident, their family members or loved ones may be able to pursue a wrongful death lawsuit on their behalf.Â
While no amount of money can ever make up for the loss of a loved one, compensation through a wrongful death lawsuit can help families cover medical expenses, funeral costs, and other financial burdens.Â
State laws on wrongful death cases vary from state to state. Some don’t allow the recovery of funeral expenses or medical bills, while others require a personal representative of the deceased individual’s estate to file a lawsuit. Wallace Miller can help determine the relevant laws in your state to ensure we seek the maximum compensation possible. Â
Types of accidents
Whether you were involved in a crash as a driver, passenger, or pedestrian, you may be entitled to compensation for injuries caused by the accident.
Car accidents
Among motor vehicles, passenger cars have the highest number of fatal and injury-causing accidents. Millions of car accidents occur every year across the U.S., many caused by reckless driving, distraction, or other driver errors. These accidents can result in extensive medical treatment and high costs for those involved.Â
The car crash lawsuits team at Wallace Miller pursues fair compensation to cover medical expenses, lost wages, and other costs. Our team collects detailed records and negotiates with insurers to make sure our clients are able to pursue justice after a vehicle crash.Â
Motorcycle accidents
While the majority of motorcyclists are responsible and diligent drivers, accidents still happen. And because motorcycles provide less protection than cars, their drivers can be at higher risk of serious injury.Â
An attorney experienced in motorcycle crash lawsuits can help investigate the parties involved in a crash and protect the motorcyclists’ legal rights to compensation.Â
E-bike and bicycle accidents
Electric bicycles are becoming increasingly common, especially in crowded urban areas. However, laws and infrastructure have failed to keep up with these vehicles in many places. For people involved in e-bike or bicycle crashes, personal injury lawsuits help determine who was responsible for the accident and make sure that all parties are represented fairly in insurance proceedings and the legal process.Â
Truck accidents
Truck crashes involve semi trucks and other large commercial trucking vehicles. Because of their size, trucks can pose an increased danger to other vehicles and drivers on the road. The Federal Motor Carrier Safety Administration reported that commercial trucks were involved in more than 180,000 accidents in 2022.Â
While truck drivers and motor carriers are required to obey state and federal regulations, collisions still happen. Truck accidents may be caused by:Â
- Defective trucks or malfunctioning equipment.Â
- Trucking companies failing to perform maintenance and repairs.Â
- Exceeding weight and size limits for cargo.Â
- Reckless driving, including changing lanes without checking blind spots.Â
- Labor law violations, including driving beyond the maximum allowed number of hours.Â
Photo © Pixabay
Rideshare accidents
The popularity of rideshare services like Uber and Lyft has grown dramatically over the last decade—and so has the rate of crashes involving rideshare vehicles. Rideshare crash lawsuits can be a legal gray area, as companies and insurers may fight to avoid liability in a settlement claim. Personal injury attorneys experienced in rideshare crash liability law can help prove corporations’ legal obligation and fight for fair compensation for those injured in an accident.Â
Pedestrian accidents
Every year in the U.S., thousands of pedestrians are killed in accidents involving motor vehicles and hundreds of thousands are seriously injured. A pedestrian accident lawsuit can help individuals harmed by reckless or impaired drivers achieve justice.Â
Accidents involving pedestrians often involve:Â
- Reckless driving, including speeding.Â
- Drug or alcohol use.Â
- Distracted driving, including texting while driving.Â
- Drivers failing to notice or stop for pedestrians in crosswalks and congested areas.Â
Who can be held accountable after a vehicle crash?
Determining who can be held legally responsible after a moving vehicle crash can be complicated. Especially in cases that involve multiple vehicles, rideshare companies, or commercial vehicles, it may not be clear who is liable for injuries from the accident.Â
A motor vehicle accident lawyer can help you determine who may be held responsible. This may include:Â
- Drivers who were distracted, speeding, under the influence of drugs or alcohol, or driving recklessly.Â
- Vehicle owners, such as employers with company vehicles that were involved in the crash.Â
- Vehicle manufacturers, if the crash was caused by an equipment malfunction or defective parts.Â
- Trucking companies who broke labor laws, overworked their drivers, or neglected necessary maintenance.Â
- Rideshare companies like Lyft and Uber if their drivers were involved in crashes while working.
Navigating insurance claims after an accident
Most accident lawsuits involve an insurance claim. In the majority of cases, you will not be pursuing a claim against an individual—instead, you will be negotiating with an insurance company for compensation.Â
In this process, your car accident lawyer will work to reach a settlement or verdict with the insurance carrier. This may involve the insurance policy of the at-fault driver, the trucking company, the rideshare company, or another party. Proving liability and establishing what an insurance company owes can often be a gray area, so having an experienced attorney in your corner is crucial.Â
Be careful when speaking to an insurance company, especially if you haven’t had a chance to discuss your case with a lawyer. Many companies are looking to minimize payouts as much as possible and they can use your words against you when negotiating compensation. An attorney can speak with the company on your behalf and fight for appropriate payment for your injuries.Â
How does liability work in personal injury litigation?
To establish liability, or the legal responsibility for harm caused, one party generally has to prove that the other party was negligent. In a moving vehicle case, the plaintiff must establish:Â
- Duty of care. The other driver had a legal duty to operate their vehicle with reasonable care.Â
- Breach of duty. The driver failed to meet that duty.Â
- Causation. Their failure caused the plaintiff’s injuries.Â
- Damages. The plaintiff suffered measurable losses as a result of the injuries.
Photo © Pixabay
Illinois uses comparative negligence rules to help establish liability. This means that each driver’s share of responsibility in a motor vehicle accident is considered when awarding compensation. Different states have different rules when it comes to liability laws—an experienced injury attorney can advise you on your rights and the best path to building a strong case.Â
- WhiplashÂ
- Broken bonesÂ
- Head injuries, including concussions and traumatic brain injuriesÂ
- Injuries to the spinal cordÂ
- Damage to internal organsÂ
- Lacerations and abrasionsÂ
- PTSD and other psychological injuriesÂ
What is the role of a personal injury lawyer in the car accident lawsuit process?Â
An experienced attorney can help you navigate the complex system of state and federal laws, as well as the process of insurance claims. Your attorney can:Â
- Investigate your case and collect evidence, including medical records and witness statements.Â
- Help you understand and advocate for your legal rights.Â
- Offer legal advice on the best path forward for your specific case.Â
- Negotiate with insurance companies on your behalf.Â
- Negotiate a fair settlement.Â
- Represent you in court, if needed.Â
What compensation can I receive in a car accident settlement?
In a civil lawsuit, the plaintiff seeks damages, or financial compensation for their losses. Damages can be economic (payment for financial losses) or non-economic (payment for emotional and physical harm).Â
Economic and non-economic damages may include the cost of:Â
- Medical billsÂ
- Lost wagesÂ
- Emotional distressÂ
- Pain and sufferingÂ
- Property damageÂ
- Loss of enjoyment of lifeÂ
In some cases, the plaintiff may also receive punitive damages. These damages are designed to punish the defendant’s negligent actions in extreme situations.Â
Q&A
Who will I be suing in a moving vehicle accident lawsuit?
In the majority of cases, our team is not going after individual drivers for compensation. Instead, we work with the driver’s insurance company to negotiate a fair payout. While most cases result in a settlement, we are prepared to go through the court system to make sure that the insurance company pays our client what they deserve.Â
What should I do after a motor vehicle accident?
After an accident, the most important thing is to verify your own safety and the safety of others. Call 911 and speak with a medical professional as soon as possible, even if you don’t have any obvious injuries. Some crash injuries, such as damage to internal organs, may not be immediately evident.Â
After you have checked to make sure everyone is safe and gotten medical help, it’s important to gather as much evidence as you can about what happened. This may include writing down the other driver’s insurance information and license plates, taking photos of the accident scene, talking to witnesses, and filing an accident report with the police.Â
Finally, contact a motor vehicle accident attorney as soon as possible to discuss your legal options. Avoid speaking with insurance companies before talking to a lawyer, as some companies may try to get you to agree to a low offer before the full situation has been assessed.Â
How much does hiring a motor vehicle accident lawyer cost?
The team at Wallace Miller works on a contingency fee model. This means that there are no out-of-pocket fees for clients—our team only gets paid if we win your case.Â
What is the timeframe for filing motor vehicle accident lawsuits?
How long someone has to file a personal injury lawsuit depends on the statute of limitations, or how long after an injury a plaintiff may bring a case. These time frames differ by state but are generally between one and two years.Â
It’s important to file a vehicle accident lawsuit before the statute of limitations expires. You may lose the right to file a case after this period.Â
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Contact
Speak with the Wallace Miller personal injury attorneysÂ
After a motor vehicle accident, the last thing you want to do is deal with the complexities of state laws, federal regulations, and insurance policies. The motor vehicle and car accident lawyers at Wallace Miller can help you gather evidence, assess your case, and fight for the best possible insurance payout or settlement offer.Â
If you were injured in a vehicle accident, reach out to the personal injury lawsuit team at Wallace Miller. We can be reached at (331) 425-8022 or via our free case evaluation online.Â
Wallace Miller partner Nicholas P. Kelly
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