Motor vehicle accidents do occur with greater frequency during rush hour. Drivers can become frustrated and agitated with traffic, which can cause them to make dangerous decisions while on the road. Not only are more vehicles on the road, but also drivers may be aggressive on their commute to and from work. Rush hour accidents can lead to serious and long-term injuries. If you or a loved one has suffered injuries in this type of collision, an experienced Rush Hour Accident Lawyer can help you seek compensation from all responsible parties.
Accidents are caused by specific factors. These factors add up to fatal mistakes. According to statistics from the National Highway Traffic Safety Administration, 30,797 people lost their lives in fatal motor vehicle accidents. This number has increased in recent years with a reported death of 32,675 people losing their lives in motor vehicle accidents in the year 2014. Distracted driving continues to be a leading cause involved in motor vehicle accidents, most noticeably affecting the 15 to 20-year-old age bracket. Many fatalities occur between 6 and 9 p.m. and 3 to 6 p.m. It is statistically more likely to be involved in a fatal motor vehicle accident on the weekend. During the workweek, the most fatal accidents occur right around rush hour between 5 and 6 p.m.
People commuting back and forth to an office in the peak hours of the morning and afternoon can increase their safety by paying attention to the road and not driving aggressively. Unfortunately, people often succumb to impulses of road rage or distractions like cell phones during their daily commute. Following a car accident, a victim can pursue a legal claim against the driver who was responsible. Bringing a personal injury lawsuit is a method to recover costs related to the property damage and physical injuries that resulted.
Many victims, as plaintiffs in a personal injury lawsuit, pursue a claim against a defendant driver under a negligence theory of law. Negligence is a failure to use reasonable care under the circumstances. If a plaintiff successfully demonstrates that a defendant’s negligence directly caused an accident, resulting in injuries, the only remaining issue is assessing damages. However, the defendant may present the defense of contributory negligence
California’s contributory negligence law prevents a plaintiff from recovering damages stemming from an accident if the plaintiff was partially responsible for causing the crash. For example, in rush hour traffic, if the plaintiff was driving above the speed limit, forcing her to stop suddenly, and the defendant driver rear-ended her, the defendant may argue that the plaintiff partly caused the accident by the speeding that resulted in the sudden stop. A judge or jury that holds the plaintiff partly responsible would generally preclude the plaintiff from recovering damages in a personal injury lawsuit.
One way that a plaintiff can possibly overcome a contributory negligence defense is by advancing the “last clear chance” doctrine. Even if the plaintiff did partly cause the accident, if the defendant had the last clear chance to avoid the collision, the plaintiff would not be barred from receiving compensation. In a personal injury lawsuit following a rush hour collision, the last clear chance doctrine can prove indispensable.
The types of compensation that a successful plaintiff may recover in a personal injury lawsuit include both economic and non-economic items. Economic compensation includes hospital bills, medical costs, and property damage, among other examples. Non-economic damages are those that are less quantifiable, such as emotional pain and suffering and loss of consortium.
Based on the specifications of your case – the details of the accident, how severe your injury was, it is ultimately going to determine what you could be entitled to sustain based on your case. However, what you can be compensated for if your case prevails can often be put into several different categories.
The categories of compensation can include:
Medical bills: Should you win your case, you could be awarded compensation for medical bills you’ve had to pay as a result of your injury. This includes both past and future bills stemming from the injury, and can potentially cover expenses such as transport or in-home rehabilitation services.
Lost wages: Lost wages can be awarded if your injury has caused significant missed time at work, or has made you unable to perform your job. You could be entitled to even more lost wages if the injury leaves you permanently disabled and unable to find consistent work.
Pain and suffering: In some cases, the damages endured from physical pain and emotional suffering can be compensated to pay for therapy treatments.
Punitive damages: Punitive damages are awarded in more extreme cases, wherein the injury was caused by someone’s recklessness. They are awarded to try and dissuade the defendant and others from acting with that level of recklessness again.
Contact a Personal Injury lawyer to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our Personal Injury Attorneys will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!
If you are in need of a Rush Hour Accident Attorney to help you get appropriate compensation and medical care you deserve, you should contact an auto accident lawyer today. Our experienced auto accident lawyers will help you overcome your Rush Hour Accident injury or damage.
If you have any questions about the information provided above, please contact Law Mart. Law Mart is a Lawyer Referral that can provide you with a Personal Injury Attorney or law firm. If you do have any questions about a texting attorney please contact us for a free Lawyer Referral Lawyer.
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