Types of Auto Accident Claims

The Principal Types of Legal Claims for Auto Accidents

There are four primary auto accident claim types. Whether you’re filing a personal injury claim due to bodily injury, or dealing with a liability claim because of property damage, vehicle accident claims fall into one of these categories.

Negligence Claims

Negligence-based claims are the most common foundation for auto accident lawsuits in the United States, as negligence remains the leading type of unintentional tort. In Las Vegas and across Nevada, some of the most common contributing factors in motor vehicle crashes include impaired driving, speeding , and aggressive driving behaviors.

 According to national crash data, alcohol-impaired driving was involved in nearly one-third of traffic-related deaths in the U.S. in 2022, while speed-related crashes accounted for approximately 29% of all motor vehicle fatalities that same year. These behaviors remain leading contributors to fatal and injury-causing crashes in urban areas like Las Vegas, underscoring the critical role of driver negligence in personal injury claims.

To win a property damage claim or secure bodily injury compensation, you must be able to demonstrate the following:

• Duty: The driver who caused your accident had a duty to conduct themselves in a way to reduce the risk of harm to others. For example, speed limits are established to reduce the risk of auto accidents, and drivers are expected to obey them. 
• Breach: The at-fault driver did not perform their duty. A breach of duty can involve a driver engaging in prohibited behavior, such as driving while intoxicated, or failing to perform a required action, such as obeying the speed limit.
• Causation: The at-fault driver’s failure to perform their duty caused your accident. 
• Damages: You suffered harm because the at-fault driver failed to perform their duty. 

Uninsured/Underinsured (UM/UIM) Motorist Claims

If you’re in a collision caused by an uninsured or an underinsured motorist, you may have to file a claim with your insurance company to cover the damages. Uninsured and underinsured motorist (UM/UIM) insurance ensures you and your passengers receive compensation for any claims.

Product Liability Claims 

Your car accident could involve a product liability claim if the accident’s cause stemmed from a defective product. These are examples of grounds for product liability claims:

• Defective tires: Suppose you recently got new tires put on your vehicle, but a defect caused the tires to blow out. In that case, you may have grounds to sue the tire manufacturer. 
• Design or construction flaw: You may also have product liability claims against the car manufacturer if a flaw in the design or construction caused the accident.  
• Faulty brakes: You get new brakes installed, but the mechanic uses faulty brakes, although they were recalled. In that case, you may have grounds for a claim against the mechanic.

Wrongful Death Claims 

In 2023, 389 people died in motor vehicle accidents (MVAs). The spouse and children of those who died are typically the people filing a wrongful death claim. Parents may be able to file a claim if the decedent was a child, or had no spouse or dependents. Although wrongful death claims involve proving that another party’s negligence or a defective product caused the accident, they differ from other claim types because family members file them, and they involve different types of compensation. 

Distracted Driving Accidents 

Distracted driving was a contributing factor in approximately 13% of auto accidents resulting in injuries in 2023, according to the National Highway Traffic Safety Administration. This reflects a slight increase from about 12% in 2022, as detailed in NHTSA’s 2022 Traffic Safety Facts Research Note and preliminary 2023 data. The Federal Communications Commission also highlights the dangers of distracted driving, especially texting while driving, as a leading cause of distracted driving crashes.

Distracted driving accidents also involve drivers taking their hands off the wheel for any reason, including reaching for a drink or changing radio stations. Things that affect a driver’s ability to hear can also cause distracted driving accidents.

Hit-And-Run Accidents

Hit-and-run crashes remain a significant issue on U.S. roads, with the National Highway Traffic Safety Administration (NHTSA) reporting that in 2021, nearly 10% of all motor vehicle crashes involved a hit-and-run. The Governors Highway Safety Association (GHSA) noted a troubling increase in hit-and-run fatalities, which reached a record high of over 3,000 deaths in 2021—a rise linked to factors such as impaired driving and failure to stop at the scene. These statistics highlight the ongoing dangers posed by hit-and-run incidents and emphasize the need for increased awareness and stronger enforcement.

An accident that involves a motorist who leaves the scene is a hit-and-run. Drivers must stay at the scene and notify the police if someone was injured or killed, or if the accident caused property damage. Drivers can be charged with a felony if they leave the scene of an accident that caused a fatality or injury.

Multi-Car Accidents

Multi-car accidents are accidents involving multiple vehicles. Multi-car accidents often occur in poor weather conditions. Motorists driving on highways may not be able to stop in time to avoid a collision after an accident. Proving you were in a multi-car accident could reduce your liability if you can demonstrate that you were stopped on a roadway because of other vehicles and someone rear-ended you. These accident reports can be complex because multiple causes may contribute to the accident.

Parking Lot Accidents

Although most people aren’t driving fast in parking lots, this type of accident is still common. One of the causes of parking lot accidents involves backing up out of parking spaces. Although backing-up accidents can occur in other locations, backing-up causes approximately 25% of all traffic accidents.

Pedestrian Accidents

Pedestrians include anyone not using a motor vehicle to move on or near a roadway. Per the definition used for car accidents, pedestrians include people in wheelchairs, those using scooters or skateboards, and those walking. In 2023, approximately 17.5% of those who died in car accidents were pedestrians. Avoiding a vehicle could cause pedestrians to slip and fall if they lose their footing, and they could pursue a claim against the driver. When vehicles hit pedestrians, they can cause internal injuries, broken bones, traumatic brain injuries, or, if the accident is fatal, a wrongful death. 

Rear-End Collisions 

Rear-end collisions occur when one vehicle strikes another vehicle from behind. Whiplash is a soft tissue injury that can cause short-term, long-term, or permanent damage. Common causes of whiplash include rear-end collisions.

Road Rage Accidents 

Drivers can become aggressive when frustrated. When this occurs, they may cause a road rage accident. Road rage accidents include accidents caused by drivers cutting other drivers off, weaving in and out of traffic, driving along the shoulder of the road, or tailgating other vehicles.

Accidents That Involve Speeding

Municipalities and states impose speed limits to prevent car crashes. Several factors are considered when assigning speed limits, such as the following:

• Traffic volume
• Proximity to houses, schools, and businesses
• Number of lanes on the roadway
• Visibility

When drivers exceed the posted speeds, they have less time to respond to changes in driving conditions, which increases their chances of being in an accident. Speeding is a deliberate action, and it’s against the law. Consequently, speeding drivers who cause accidents may also be considered reckless drivers. This means victims of these accidents may be able to seek punitive damages, in addition to economic and non-economic damages, from a car accident lawsuit.

Accidents on Unsafe Roads

Sometimes, road conditions cause accidents. Suppose you’re driving down the road and hit a pothole that damages your tire. Getting a flat tire could cause an accident. Unsafe roads also include roadways affected by poor weather conditions. Flooded roadways are unsafe because drivers can hydroplane and lose control of their vehicles. Flood waters can also sweep vehicles off roadways, causing injuries or death. Drivers may also lose control of their vehicles or get stuck when driving on icy or snow-covered roads.

Reckless Driver Accidents

Reckless drivers are motorists who don’t demonstrate concern for the safety of others. They take risks or deliberately choose to jeopardize their safety, their passengers, other motorists, and pedestrians. Reckless driving can involve speeding, distracted driving, and aggressive driving.. Drivers must stay at the scene and notify the police if someone was injured or killed or if the accident caused property damage. Drivers can be charged with a felony if they leave the scene of an accident that caused a fatality or injury.

Multi-car Accidents

Multi-car accidents are accidents involving multiple vehicles. Multi-car accidents often occur in poor weather conditions. Motorists driving on highways may not be able to stop in time to avoid a collision after an accident. Proving you were in a multi-car accident could reduce your liability if you can demonstrate that you were stopped on a roadway because of other vehicles and someone rear-ended you. These accident reports can be complex because multiple causes may contribute to the accident.

Parking Lot Accidents

Although most people aren’t driving fast in parking lots, this type of accident is still common. One of the causes of parking lot accidents involves backing up out of parking spaces. Although backing-up accidents can occur in other locations, backing-up causes approximately 25% of all traffic accidents.

Pedestrian Accidents

Pedestrians include anyone not using a motor vehicle to move on or near a roadway. Per the definition used for car accidents, pedestrians include people in wheelchairs, those using scooters or skateboards, and those walking. In 2020, 17% of those who died in car accidents were pedestrians. Avoiding a vehicle could cause pedestrians to slip and fall if they lose their footing, and they could pursue a claim against the driver. When vehicles hit pedestrians, they can cause internal injuries, broken bones, traumatic brain injuries, or, if the accident is fatal, a wrongful death. 

Rear-end Collisions 

Rear-end collisions occur when one vehicle strikes another vehicle from behind. Whiplash is a soft tissue injury that can cause short-term, long-term, or permanent damage. Common causes of whiplash include rear-end collisions.

Road Rage Accidents 

Drivers can become aggressive when frustrated. When this occurs, they may cause a road rage accident. Road rage accidents include accidents caused by drivers cutting other drivers off, weaving in and out of traffic, driving along the shoulder of the road, or tailgating other vehicles.

Accidents That Involve Speeding

Municipalities and states impose speed limits to prevent car crashes. Several factors are considered when assigning speed limits, such as the following:

• Traffic volume
• Proximity to houses, schools, and businesses
• Number of lanes on the roadway
• Visibility

When drivers exceed the posted speeds, they have less time to respond to changes in driving conditions, which increases their chances of being in an accident. Speeding is a deliberate action, and it’s against the law. Consequently, speeding drivers who cause accidents may also be considered reckless drivers. This means victims of these accidents may be able to seek punitive damages, in addition to economic and non-economic damages, from a car accident lawsuit.

Accidents On Unsafe Roads

Sometimes, road conditions cause accidents. Suppose you’re driving down the road and hit a pothole that damages your tire. Getting a flat tire could cause an accident. Unsafe roads also include roadways affected by poor weather conditions. Flooded roadways are unsafe because drivers can hydroplane and lose control of their vehicles. Flood waters can also sweep vehicles off roadways, causing injuries or death. Drivers may also lose control of their vehicles or get stuck when driving on icy or snow-covered roads.

Reckless Driver Accidents

Reckless drivers are motorists who don’t demonstrate concern for the safety of others. They take risks or deliberately choose to jeopardize their safety, their passengers, other motorists, and pedestrians. Reckless driving can involve speeding, distracted driving, and aggressive driving.

DUI Accidents 

Driving under the influence (DUI) applies to driving while using substances that could impair your judgment. DUIs include the following:

• Driving after consuming too much alcohol
• Operating a motor vehicle after using illegal drugs
• Driving after taking prescription or over-the-counter medication 

DUIs involving alcohol consumption claimed more than 11,000 lives in 2020.

DUI Accidents

Driving under the influence (DUI) applies to driving while using substances that could impair your judgment. DUIs include the following:

• Driving after consuming too much alcohol.
• Operating a motor vehicle after using illegal drugs.
• Driving after taking prescription or over-the-counter medication. 

In 2021, 13,384 people were killed in motor vehicle crashes involving alcohol-impaired drivers, accounting for 31% of all traffic-related deaths in the United States, according to the CDC’s latest report on impaired driving.

What Compensation Can You Claim? 

The reason people file a personal injury claim is to make themselves whole after the accident. The goal is to compensate for the accident’s financial costs, and to provide compensation for the victim’s suffering. Most victims can seek economic and non-economic damages. Some may also be able to seek punitive damages.

Economic Damages

Economic damages — sometimes referred to as monetary damages — provide victims with compensation for bills stemming from their accident. Accident victims can seek compensation for any legitimate expenses caused by their accident, including the following:

• Childcare: You can submit receipts for the costs of childcare incurred because of your accident.
• House cleaning and maintenance: You can seek reimbursement if you need to hire house cleaners and maintenance people to perform cleaning and maintenance while you recover.
• Lost wages: A lost wages claim ensures you receive compensation for any money you didn’t earn because of the accident. Lost wages recovery can also include anticipated losses if you cannot return to your career. 
• Medical bills: You can claim compensation for all your accident-related medical payments.
• Property damage: Your economic damages claim should include the cost of property repairs or replacement.
• Transportation costs: You can seek reimbursement for the cost of hiring a driver or Uber if you’re unable to drive after your accident. 

Those filing wrongful death suits can also seek compensation for burial and funeral costs. 

Non-Economic Damages 

Non-monetary, or non-economic damages, provide victims with compensation for the personal impact they’ve suffered because of the accident. Victims can seek non-economic damages for multiple reasons, including the following:

• Anxiety
• Depression
• Grief
• Loss of consortium
• Loss of quality of life
• Phobias
• Post-traumatic stress disorder (PTSD)

Punitive Damages 

Punitive damages may be awarded to victims of accidents caused by the at-fault party’s gross negligence. For example, if a motorist deliberately rammed their car into another vehicle, they may be guilty of gross negligence.

How Can an Injury Attorney Help With Your Auto Accident Claim?

An experienced Las Vegas auto accident attorney will look after the logistics of filing a liability claim. Auto accident attorneys can gather relevant evidence, interview witnesses, and perform crash reconstructions to prove who was at-fault for the accident. 

They use the information from their investigation to support your claims. 

Your legal team will help calculate the damages you can seek, ensuring you seek the maximum amount of compensation available. 

Skilled lawyers have the experience and knowledge needed to deal with insurance companies. Your lawyer will protect you from being pressured to take a low settlement or accept full or partial responsibility for an accident you didn’t cause.

Adam S. Kutner has over 30 years of experience handling auto accident claims. Our team investigates accidents and gathers the evidence needed to build a case. Our Las Vegas auto accident lawyers use this evidence to negotiate settlements or represent you in court, and we will use our knowledge and experience to fight for you to receive justice after your accident.

Call us for a free consultation.

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