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Car accidents: the most common form of traffic accident

Since cars make up the majority of vehicles travelling on roads and highways, it is not surprising that cars are often involved in collisions with other cars or other motor vehicles. Based on data released by the National Highway Traffic Safety Administration, there were 5,615,000 car accidents in 2012. Many of these accidents resulted in injuries and fatalities.

When a car collides with another vehicle, the question of who is at fault is likely to arise. Personal injury claims may also follow in the wake of car collisions. When the injured parties file for such claims, they have to prove that negligence was the main contributing factor in the crash. The law of negligence, which affects all tort claims, plays an important role in determining liability in car accidents. Negligence or failure to exercise reasonable care in collisions can subject the party who acted recklessly to potential liability. Some of the most common signs that a driver had acted recklessly or negligently prior to the collision are failing to signal while turning, disobeying traffic rules, driving below or above the speed limit and drunk or impaired driving. If one of these elements is present, the victim or the injured party may have the right to file a claim against the presumed negligent party.

Insurance plays an important factor in car accidents. In most cases, the insurance of the presumed negligent party will be used to pay for any physical injuries as well as property damages. Insurers often try to settle the case out-of-court by offering a settlement to the injured party, but it is important for the injured party to review all options available before accepting any settlement.

A personal injury claim, if handled properly, can help an injured party obtain a fair and just settlement. A car accident victim may also choose to speak with a legal professional for more information.

Source: Findlaw.com, "Car accident basics," accessed on Sep. 4, 2014

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Jerry D. Andrews, P.C.
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