Common Car Accident Injuries and Legal Implications

• William Gall

Been in a car accident recently?

Each year, over 39,000 people die and millions more are injured in car crashes across the U.S. Clearly, vehicle accidents are serious events that can have severe consequences for all parties involved.

Here’s the problem: the average person does not fully understand the nature and extent of car accident injuries–or the legal issues that may follow. Soft tissue damage is at the top of the list, but injuries can range all the way up to life-altering traumatic brain injuries.

Getting the right legal and repair advice for car accidents makes all the difference between financial disaster and just making a full recovery. Even seemingly minor fender bender damage can result in hidden issues that require professional assessment and proper repair services to ensure your vehicle’s safety and performance.

In this article, you will discover:

• The Most Common Car Accident Injuries
• Understanding Legal Liability After a Crash
• What to Do Immediately After an Accident
• How Insurance and Fault Laws Work
• When You Need Legal Help

Car Accident Injuries: The Facts and Figures

Here’s a little-known fact that may surprise you…

Nearly 1 in 5 car accidents leads to at least one traumatic brain injury (TBI). That is just one example of how seemingly minor crashes can result in major, lifelong injuries and disabilities.

Motor vehicle accident injuries can be categorized into two basic types:

• Impact injuries — when your body collides with something in the car (seatbelt, dashboard, steering wheel)
• Penetrating injuries — when objects like glass or metal pierce your skin

Soft Tissue Injuries are the Silent Car Accident Problem

Believe it or not, soft tissue injuries are the most common car accident injury. Soft tissues include muscles, tendons, ligaments, skin, and nerves throughout your body.

Whiplash is by far the most common. Even low-speed rear-end collisions at 15 mph or less can cause whiplash. In fact, thousands of drivers and passengers suffer whiplash every year.

What makes soft tissue injuries such a problem:

• They can be invisible at first and take time to develop
• Delayed symptoms can make them difficult to connect to the accident
• Often underestimated as “minor” injuries

Traumatic Brain Injuries (TBI)

This is where car accidents can really turn tragic.

Traumatic brain injuries are the result of blunt force trauma to the head, which damages brain tissue. The TBI statistics are staggering:

• 50,000 deaths from TBI each year
• 80,000 to 90,000 cases of long-term disability

Broken Bones and Fractures

Leg, rib, arm, and wrist fractures are extremely common in motor vehicle crashes. The forces of a collision are strong enough to break bones, even in some low-speed accidents.

In some cases, broken bones will require surgical intervention and can result in permanent medical conditions.

Spinal Cord and Back Injuries

Motor vehicle crashes are the most common cause of spinal cord injuries, responsible for about 40% of all spinal trauma.

Spinal cord damage often leads to partial or full paralysis from the point of injury down.

Figuring Out Legal Liability After a Crash

This is where things can start to get tricky…

Determining liability after a car accident is not always straightforward. It often comes down to applying negligence law. Negligence law is the majority of car accident claims, and is about determining whether a party failed to drive with reasonable care and caution.

Four Elements of Negligence

The four elements of negligence you must prove for any other driver are:

1. Duty — They owed a duty of care to other road users
2. Breach — Their conduct did not meet that standard of care
3. Causation — Their breach of duty caused the accident
4. Damages — You suffered actual losses

Seems simple enough right?

Fault vs. No-Fault States

Here’s one that surprises a lot of people…

Different states have different liability laws. Some states still follow the “fault” system, meaning the driver at-fault pays for damages. Other states use a “no-fault” system where each driver’s insurance covers their own losses, regardless of who caused the accident.

For example:

• Florida is a no-fault state with Personal Injury Protection (PIP) requirements
• Pennsylvania allows drivers to choose between limited tort or full tort
• Most states use some form of comparative negligence

After the Accident: What to Do Immediately

The first few moments after a crash can set the stage for any resulting legal action.

Top Priority #1: Safety and Medical Care

Your safety and well-being is always the top priority. In addition to checking yourself for injuries, call 911 if needed. Injuries like concussions or internal bleeding may not be obvious immediately following an accident.

Calling 911 ensures medical care is on the way and creates a police report and official record of the collision.

Document the Accident

If possible, take photos of:

• Vehicle damage
• The scene of the accident
• License plates
• Road conditions

Get names, contact information, and insurance information from all drivers, passengers, and witnesses. Exchange information with all drivers involved.

Contact the Police

Even if it’s just a minor fender bender, call the police. A police report is an important piece of evidence to have for insurance claims and lawsuits.

Police officers can help determine fault at the scene, which carries a lot of weight with insurance companies and courts.

Insurance and Fault Laws Explained

Insurance coverage is key to getting appropriate legal and repair advice for car accidents.

Types of Coverage

Liability insurance covers your damages and injuries to others, including bodily injury and property damage liability.

Personal protection covers your own losses:

• Personal Injury Protection (PIP)
• Medical payments coverage
• Collision coverage for vehicle repairs

Understanding Minor Accident Repairs

Even seemingly minor accidents can result in costly repairs and hidden damage. Getting repair estimates and understanding insurance coverage is critical to protect your financial interests.

Comparative Negligence vs. Contributory Negligence

In almost all states, comparative negligence laws apply. This means that each party involved in a crash can be assigned a percentage of fault and liability for that accident.

For example:

• If you are found to be 30% at fault, your damages get reduced by 30%
• In some states, if you are found to be 50% or more at fault, you cannot recover damages.

When to Call an Attorney

Not every car accident requires a lawyer, but there are some situations where you really should seek legal help.

Here’s when legal representation is recommended:

• Serious or permanent injuries
• Fault or liability disputes
• Insurance companies deny claims or lowball settlement offers
• Multiple parties involved (multiparty)

Getting Professional Legal Help

Insurance companies have entire legal teams dedicated to protecting their interests. Isn’t it only fair that you have someone looking out for you?

Here are just a few ways a qualified lawyer can help after a car accident:

• Investigate the accident thoroughly
• Handle all insurance company negotiations
• Calculate full value of all damages
• File a lawsuit before statute of limitations deadlines

Car Accident Statute of Limitations

Every state has time limits for when a lawsuit must be filed. Most states give two to three years from the date of an accident to file a lawsuit.

Do not delay. Evidence disappears, witnesses leave town, and memories fade over time.

The Cost of Car Accidents

Car accidents rack up an estimated $340 billion per year in U.S. medical expenses, lost productivity, and property damage.

But what is it really costing accident victims?

• Lost wages
• Ongoing medical bills
• Permanent disability
• Pain and suffering

Final Thoughts

Car accidents can have life-changing consequences in the blink of an eye. From traumatic brain injuries to long legal battles, the damage caused by motor vehicle collisions goes far beyond the initial impact.

Acting quickly to protect your health, documenting evidence, and understanding liability laws are critical steps to take immediately following a crash.

Don’t go it alone in a serious car accident case. Hire professional legal guidance to help you get the full compensation you deserve.