Motor Vehicle Accident Law

An accident can disrupt life in an instant. Whether you are driving a car, riding a motorcycle or bicycle, or simply walking as a pedestrian, it is helpful to understand your rights if you have been injured due to someone else’s carelessness. States take varying approaches to these cases, but there are certain general rules and patterns to know.

Traditional, No-Fault, and Add-On States

States follow different systems for access to compensation after an accident. In places with a traditional tort liability framework, the injured person proves that the at-fault driver caused the crash through negligent or reckless conduct. In a no-fault system, the injured person’s own insurance policy typically addresses initial medical expenses and lost wages, regardless of who caused the crash. Serious injury thresholds often affect whether a person may sue for other types of damages, such as pain and suffering. Some states are known as add-on states, where drivers carry their own first-party coverage but can also pursue traditional lawsuits against an at-fault driver without meeting serious injury thresholds. In a few states, the choice between a no-fault system and a traditional tort system can be made when purchasing auto insurance.

Negligence Claims

Motor vehicle accident lawsuits usually involve showing that another driver was negligent, causing the accident and resulting injuries. Drivers owe others on the road a duty to operate their vehicles safely under the circumstances. Negligent behaviors may include driving under the influence, speeding, texting behind the wheel, or disregarding traffic signs.

If the victim also played a role in the accident, various approaches may apply. Some states follow pure comparative negligence, which allows an injured person to recover damages no matter how much they were at fault. The recovery is reduced by the percentage of their fault. Other states have modified comparative negligence, in which the injured person’s recovery is barred entirely if they were at least 50 or 51 percent to blame. A few states follow contributory negligence, which bars compensation if the injured person contributed to the accident at all.

Legal claims following a motor vehicle accident are subject to strict time limits that differ from state to state. These statutes of limitations may be as short as one or two years from the date of the collision. Failing to initiate legal action within the applicable timeframe usually means losing the right to seek compensation.

Steps to Take After an Accident

Safety and medical attention come first at any accident scene. Injured individuals should seek immediate diagnosis and treatment. Here are some additional steps to keep in mind:

• Calling the police
• Exchanging contact and insurance information with other drivers
• Gathering statements and contact details from any other witnesses
• Taking photos or videos of vehicle damage, road conditions, traffic signals, or skid marks
• Reporting the accident promptly to the insurance company

Although it may be tempting to apologize or discuss fault at the scene, it is generally advisable to refrain from doing so.

Insurance Considerations

Insurance policies play a crucial role in determining who covers which costs after an accident. Bodily injury liability coverage helps pay for injuries you cause to others, while property damage coverage addresses damage to another person’s property. No-fault coverage, often called Personal Injury Protection, pays medical bills and lost wages for the policyholder regardless of who caused the crash. Uninsured and underinsured motorist coverage offers protection when an at-fault driver has no insurance or insufficient coverage. Some states allow “stacking,” which can expand policy limits by combining coverage across multiple insured vehicles.

Commercial Vehicle Accidents

Accidents involving buses, semi-trucks, delivery vans, or other commercial vehicles often prove more complex than private passenger vehicle cases. Commercial carriers must follow detailed federal and state safety rules, and they typically carry higher insurance coverage. Liability may include not just the driver but also the company, cargo loaders, or maintenance services. If a driver was acting within the scope of employment, an employer might be liable under vicarious liability principles. Determining fault can become more intricate, particularly if there is a need to scrutinize hours-of-service regulations, maintenance records, or loading procedures.

Damages for Motor Vehicle Accidents

Victims of negligence may be entitled to economic damages for quantifiable losses and non-economic damages for harm that is less easily measured. Economic losses include past and future medical expenses, lost wages, and property damage. Non-economic losses encompass pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and similar harms. If the defendant’s behavior was especially reckless or intentional, punitive damages may be awarded in limited circumstances to penalize and deter wrongful conduct.

Last reviewed May 2025