Car Accidents
No driver wants to have a car accident, yet these costly and stressful experiences make up the majority of personal injury claims in the United States. Car accidents may be caused by:
- Driver negligence
- Driver recklessness
- Driver impairment
- Defective cars or parts
- Dangerous road conditions
Driver Issues
Lawsuits arising from car accidents are usually based upon the theory of negligence. Drivers must use reasonable care to avoid collisions; failure to do so may mean that the driver acted negligently. This includes such actions as improper speed, improper signaling, disregarding traffic signals, disregarding traffic conditions and disregarding weather conditions. A driver who operates his car in an unsafe manner, with a willful and wanton disregard for the possibility that he may cause an accident, may also be held liable for an accident caused by his recklessness.
Driver impairment involves conditions that may affect judgment. Some health-related conditions are involuntary such as age, reaction time and eyesight. Others are by choice, including driving while tired or ill. The most common impairment is driving under the influence (DUI) of drugs or alcohol, which is a criminal offense. DUI includes prescription drugs, over-the-counter drugs and illegal drugs.
PRODUCT DEFECTS
Sometimes accidents are caused by factors unrelated to a driver’s conduct. A car’s design or a part may be inherently defective and trigger an accident. Problems with a vehicle such as defective steering controls, defective brakes, defective tires, defective air bags, defective seat belts, and defective engine parts and fuel systems can cause fire and explosion. A person who is injured because of a defect can sue the manufacturer or supplier under the theory of strict products liability.
HIGHWAY DESIGN
Furthermore, improperly designed or maintained roads and traffic control signals can lead to accidents. In addition, defectively designed or wrongfully placed guardrails can allow vehicles to leave the roadway and cause enhanced injuries to the occupants. Rush, Hannula, Harkins & Kyler, L.L.P. has experience handling cases against governmental entities such as Washington State for improper highway design and maintenance including cases involving negligent design and placements of guardrails.
Liability
Car accidents can vary in severity from a simple fender-bender to a fatal crash. All drivers in Washington are required to have liability insurance to pay an injured person’s claim. However, some negligent drivers fail to obtain liability insurance, and are therefore classified as “uninsured”. In those circumstances, the injured person may be able to pursue a claim under their own insurance policy for uninsured motorist compensation. This coverage may also be available if the injured person is a victim of a hit and run driver who leaves the scene without being identified.
There is also a type of insurance called “underinsured motorist coverage that can provide compensation to the injured person when they are hurt by a driver who does not have enough liability insurance to cover the entire damages claim. These kinds of claims can be difficult, and most often require the services of an experienced lawyer. The lawyers at Rush, Hannula, Harkins & Kyler, L.L.P. have extensive experience representing people in these kinds of insurance claims.
A more serious crash will be investigated by special police investigative teams in order to determine the cause. A driver who is grossly negligent may be charged with a crime such as vehicular assault or DUI.
Damages
Car accidents can result in a vast array of damages from minor to catastrophic. The attorneys at Rush, Hannula, Harkins & Kyler, L.L.P. represent people who have suffered spinal cord injuries, traumatic brain injury, broken bones and burns, as well as people who have died in serious accidents. There are many types of damages that may be awarded, including compensation for the following losses:
- Pain and suffering
- Disability
- Disfigurement
- Emotional distress
- Loss of opportunity to enjoy life
- Wrongful death
- Loss of current and future income
- Medical bills
If you have been involved in an automobile accident, it is wise to seek the advice of an attorney who can help you recover full compensation for your personal injuries. The attorneys of Rush, Hannula, Harkins & Kyler, L.L.P. have the experience and expertise in dealing with car accidents that cause personal injury and wrongful death in Washington State. Contact us at 866-454-RHHK(7445) or (253) 383-5388 for a free consultation or click here to submit a simple case form.
