Car Accidents and Crashworthiness


Car accidents – info on crashworthiness,
lawsuits, lawyers, types of auto accidents


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How do car accidents occur?

Statistics show that it is likely you will be involved in an auto accident at some point in your life. Common types of car accidents include rear-end, broadside, pedestrian, chain-reaction, single-car, head-on and hit-and-run. In addition to the type of collision, other factors that can contribute to the damage wrought in a car accident include the vehicle(s) involved, speed, road conditions, and surroundings. Crashworthiness safety features such as seatbelts, airbags, head restraints, reinforced frames, and crumple zones can provide can prevent occupant injury.

Although many people involved in driving accidents assign blame to conditions or equipment, driver behavior is an important factor in over 95% of motor vehicle accidents. Negligence and aggressiveness are the two types of driving behavior most likely increase the risk of an accident occurring. Negligent driving behavior includes talking on cell phones, reading while driving, and otherwise distracted or inattentive conduct. Aggressive driving usually involves speeding, frequent or unsafe lane changes, failure to signal, tailgating, failure to yield the right of way, disregarding traffic controls, or impaired driving. Engaging in any of these activities, or a combination thereof, raises the likelihood of an accident occurring.

Some of the other cited causes of auto accidents are equipment failure, faulty roadway design, and poor roadway maintenance. While equipment failures (loss of brakes, tire blowouts or tread separation), and steering or suspension failure happen, since modern automobile manufacturers are required to meet or exceed minimum safety standards, most cars are relatively safe. In fact, with the exception of Firestone light-truck tire failures, all equipment failures combined account for less than 5% of all motor vehicle accidents. Faulty roadway design and poor maintenance may also be to blame in some cases.

What should you do if you have been in an auto accident?

There are a number of things that you should do if involved in an auto accident; it may take some advance planning to be prepared when accidents happen. Although car accidents are often stressful, the following tips can help you make it through:

Keep an emergency kit in your vehicle. Cell phone, pens and paper, disposable cameras, and medical information are also useful to have on hand. You may want to keep cones, warning triangles, or flares in your trunk.

  • Attend to your own safety and the safety of others first. If you have no serious injuries, attempt to move the vehicle to the side of the road, out of traffic. If the car cannot be moved, occupants should remain in the car with seatbelts fastened until help arrives. Use hazard lights, cones, warning triangles, and flares as appropriate.
  • Exchange information with the other drivers involved. Important information includes name, address, phone number, insurance company, policy number, driver license number and license plate number. You may also want to write down the year, make, model and color of each car involved. In addition, it is also helpful to write down the location of the accident and how it happened. Do not tell the other driver or the police that the accident was your fault, even if you think it was.
  • Photograph and document the accident by taking pictures of the damage to all of the vehicles involved and any evidence that might be helpful (e.g. skid marks).
  • If no officers arrive, you may want to file a state vehicle accident report. These can be found at police stations and DMV offices.
  • If you are injured or suspect you may have suffered whiplash, you should be taken to a hospital for examination. It may be in your best interests to contact a car accident attorney for incidents that involve injury. Car accident attorneys understand auto accident liability and personal injury law, and they can help you maximize a claim.

Car accidents and crashworthiness issues

If you are injured in a car accident, there are several possible avenues you may follow in seeking compensation. If the accident is another driver’s fault, you may pursue recompense from his or her insurance carrier. If the other driver was especially reckless or the insurance will only cover a certain amount, you can sue him or her personally for additional damages. A car accident lawyer is helpful when there is significant injury when circumstances promote the assessment of punitive damages. Car accident lawyers know how to negotiate higher settlements with insurance companies, and they are experienced at proving charges like reckless endangerment in court.

If you believe that your accident was caused by faulty roadway design or poor roadway maintenance, it is possible to sue the government agency responsible. If you do choose to sue, it is imperative that you hire a car accident attorney for the complex lawsuit that will likely ensue.

If accident avoidance equipment failure is to blame, you may have some legal recourse to file a product liability suit against the manufacturers of said equipment. Once again, this would most likely involve a complicated lawsuit best handled by a legal professional.

Finally, if an accident results in injuries that should have been prevented by vehicle passive safety features – like seatbelts, airbags, and crumple zones – you may have sufficient cause for a crashworthiness lawsuit. With the aid of a crashworthiness lawyer, it is possible to win a claim against manufacturers, provided you can prove that their products did not perform up to minimum safety standards.

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