Every year, millions of people are injured in motor vehicle accidents - many very seriously. In fact, according to the Centers for Disease Control, motor vehicle crashes are the leading cause of death in the United States for people ages 5-34, with more children ages 5-19 dying from crash-related injuries than from any other type of injury. Records from the National Highway Traffic Safety Administration show that every 15 seconds someone in the United States is injured in a car accident, and every 13 minutes someone is killed. And there are other startling facts:
- In 2008, more than 2 million drivers and passengers were injured as a result of being in a motor vehicle crash.
- 5,864 drivers between the ages of 15 and 20 were involved in fatal crashes; 47% of those drivers were killed. In addition, 1,638 traffic-related fatalities were children between the ages of 0 and 15. Older adults, as a group, are at a higher risk of dying from motor vehicles crashes.
- In the United States, 4,378 pedestrians died from traffic-related injuries in 2008 and another 69,000 pedestrians sustained non-fatal injuries.
- 32% of all traffic fatalities in 2008 were alcohol related.
At Isaac, Brant, Ledman & Teetor we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that you’ll receive full compensation for your injuries. Evaluating all of the facts involved in the cause of a motor vehicle accident requires skill and experience. Our office will take over the investigation of your case so that you can concentrate on recovering from your injuries.
Automobile accidents are generally decided using the law of negligence. A person who negligently operates a vehicle may be required to pay any damages caused by their negligence, either to person or property. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Failure to use reasonable care is the basis in most lawsuits for damages caused by an automobile accident.
Courts look to a number of factors in determining whether a driver was negligent. Some examples of these factors include, but are not limited to, the following:
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Driving too fast or too slow
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Driving under the influence of drugs or alcohol
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Failing to signal while turning
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Disregarding weather or traffic conditions
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Disobeying traffic signs or signals
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Failing to drive on the right side of the road
A driver may also be liable for an accident caused by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willful and wanton disregard for the probability that the driving may cause an accident.
In certain cases, accidents are caused by factors unrelated to the conduct of any particular driver. For example, under the law of products liability, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile, as in the Firestone tire litigation. A products liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product - either in developing, designing or labeling the product - the manufacturer is liable for any injures the product causes, regardless of whether or not the manufacturer was negligent.
In another example, if a mechanic fails to properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, and his repair shop, may be liable for injuries sustained. Other factors such as poorly maintained roads and malfunctioning traffic control signals can contribute to the cause. Improper design, maintenance, construction, signage, lighting or other highway defect, as well as improper striping on the road's passing lanes, a sharp obstruction or problem with the roadway that obstructs drivers' vision, or poorly placed trees and utility poles can also cause serious accidents. Finally, if an accident is caused by an intoxicated driver, a bar or social host may be liable for damages sustained if they served an obviously intoxicated guest, who then drives and causes an accident.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Isaac, Brant, Ledman & Teetor LLP now at 614-221-2121. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
