Practice Areas

• Auto Accident
• Business Litigation
• Criminal Defense
• Will Contest

How Personal Injury Lawsuits Work For Car Accidents

The other day, keloland.com published an article about a South Dakota man who is facing criminal charges after a canoe came loose from the top of his pickup truck, and hit a motorcyclist from Indiana. The driver of the pickup has been charged with driving under the influence, and having an unsecured load. The motorcyclist is listed in critical condition. You can read the article yourself here.

However, the focus of this article is not on the criminal charges this driver faces, but on the potential civil liability this man could possibly be subject to. In other words, the motorcyclist may have a strong case to sue the driver for damages. Although this is an unfortunate story, this is a good illustration of what a “personal injury” or “negligence” case might look like.

Many people are able to understand that if a person causes a car accident, then that person is liable for any damage caused by that accident. While the law is a little more complex than this, it is really a great way to explain the underlying principles of a personal injury lawsuit in a car accident. Sometimes it is very clear to find fault, or to show that Driver A caused the accident that hurt Driver B. Other times, it’s not so clear. Certain evidence, circumstances, or facts can help develop a strong case.

For example, if Driver A is slowing down to stop at a red light, and Driver B, who was speeding, rear ends Driver A, it is pretty clear that Driver B caused the accident. Yet, why is this so? The main reason, although it is not talked about in every day terms, is what is known as foreseeability. In other words, it is fair to say that Driver B caused the accident, because he took a risk. It is common sense that one of the risks a person takes when speeding is that he or she will be unable to slow down in time if the car ahead of them is forced to stop.

Let’s change the circumstances. Imagine Driver A is slowing down to stop at a red light. Driver B is driving behind Driver A, and is driving under the speed limit. In fact, Driver B is a very careful driver, and is very attentive to the road. However, it’s winter time, and there is a patch of ice that is hidden on the road. Driver B attempts to slow down, but skids on the ice, and rear-ends Driver A. Is it still Driver B’s fault? It might go either way. On the one hand, maybe Driver B should have known that roads can be slippery during the winter, and drive much slower. On the other, perhaps Driver B was going quite slow, and there was literally nothing Driver B could have done differently to avoid the collision. The point: fault is not always clear.

That’s why this news article is such a good illustration of a strong personal injury case for a car accident. The driver of the pickup did two things that demonstrate fault. First, he was intoxicated. Second, he failed to properly secure the canoe to the top of his truck. Both of these facts are unacceptable risks, because it’s easy to see how and why these risks can easily cause an accident. There again is that principle of foreseeability. The law states that the pickup driver should have known that his behavior was likely to cause an accident, and since it did cause an accident, he is liable for those damages.

A car accident, unfortunately, is always a possibility. That is why all drivers have to have insurance. However, there are things you can do to take steps to limit your liability. For example:

1. Don’t Text and Drive

2. Don’t Drink and Drive

3. Don’t Speed

4. Don’t Tailgate

5. Always use your blinker

6. Always be focused on the road, and nothing else

Why follow these steps? The answer is pretty straightforward. If there is a car accident, and one driver was speeding, and the other wasn’t, which one do you think is going to be liable? At the very least, the motorcyclist is going to have medical bills and repair bills to pay. So who should pay? The motorcyclist who was driving responsibly, or the pickup driver driving drunk who failed to securely fasten the canoe? The answer is obvious.

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