Car Accident Injuries
Most car accidents are minor fender benders and don't cause physical injury, but car accident-related injuries can range from a minor bruise to paralysis and even death. FindLaw's Car Accident Injuries section explores the different kinds of injuries that may result from a car accident and how to navigate insurance or civil court claims. This section includes information about soft tissue injuries such as whiplash, the types of damages that may be claimed for auto accident injuries, how to file claims for injuries that aren't discovered until after the accident, dealing with the emotional trauma of car accident injuries, and more.
Common Car Accident Injuries
Automobiles are inherently dangerous and are the leading cause of injuries in the United States, according to statistics. While most accidents are limited to vehicle damage (so-called "fender benders"), injuries also can occur and range from scrapes and bruises to paralysis and death. Injuries tend to be more serious for motorcyclists, who lack the relative protection of a car or truck. Common auto accident injuries include the following:
Head and back injuries may include traumatic brain injuries, concussions, spinal cord damage, and herinated disks (often expressed as numb or tingling sensations in the arms or legs).
Neck and chest injuries, such as traumatic cardiac arrest and whiplash (a "catch-all" term for sprains, strains, and hyperextension in the upper spine caused by a sudden jerking motion).
Injuries to arms, legs, feet, and hands are quite common, particularly for motorcyclists (broken bones, torn ligaments, severed limbs).
Emotional distress following the trauma of a serious accident, regardless of any other physical injury, is also common for both those involved in the accident and witnesses.
The Basics of Whiplash
What we commonly refer to as "whiplash" is actually several different injuries resulting from the sudden jerking motion caused when an automobile suddenly stops in a collision, even at low speeds. This motion, especially if the neck is hyperextended, can cause straining or spraining of the upper vertebrae, muscles, and ligaments of the neck. It's not always clear whether whiplash injuries have been sustained in an accident until later. Symptoms include the following:
Stiffness, tightness in the neck
Persistent, dull pain in the neck
Heachaches
Dizziness
Back pain
Car Accidents and Childhood Deaths
Sadly, automobile accidents are the leading cause of childhood death, according to statistics from the Centers for Disease Control (CDC). While some injuries cannot be prevented, proper use of car safety seats for infants and toddlers greatly reduces the risk of death and many serious injuries. All state laws require children under a certain size and weight limit to be secured in a child safety seat when traveling in an automobile.
Damages for Car Accident Injury Claims
An at-fault driver is not only liable for initial medical expenses, but may be on the hook for additional expenses related to the injury. These include physical therapy, the cost of special equipment to help with mobility (wheelchairs, home modifications, etc.), and in-home services. Additional damages for injuries may include the following, depending on the facts of your case:
Loss of consortium (loss of affection due to injury)
Lost wages
Diminished employment opportunities
Disfigurement
Pain and suffering
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Car Accidents and Insurance
Since driving a car is so commonplace in the United States and all states require a minimum level of liability insurance, it's important to understand how to work with an insurer after a car accident. FindLaw's Car Accidents and Insurance section covers the basics of insurance coverage as well as in-depth resources on state insurance coverage laws. This section also includes an article on collision insurance (which reimburses you for damage to your vehicle regardless of fault), a thorough explanation of underinsured motorist coverage and whether you need it, and what to do if the other party's insurer denies your claim.
What Should My Car Insurance Policy Cover?
At a minimum, motorists are required to purchase liability insurance in order to compensate for injuries or vehicle damage to other motorists (which depends on who's liable). State insurance laws set minimum liability coverage amounts for bodily injury and property damage to others. Common insurance policy coverage areas include the following:
Bodily Injury (liability): This is what your insurer will pay when others are injured (medical expenses) or killed (payment to deceased's family) when you are at fault for the accident.
Property Damage (Liability): When the insured is at fault, the insurer will pay for damage to the property (typically vehicles) of others.
Personal Injury Protection: Insurer pays for injury claims and other damages claimed by passengers.
Collision Coverage: Even if the insured is at fault, the insurer will pay for any vehicle damage, sometimes extending to other property.
Comprehensive Coverage: This covers much more than just accidents and typically includes damage from fire, theft, vandalism, or other such acts; often required for new cars that are financed through a third party.
What Is Uninsured Motorist Coverage?
Assuming that some motorists are going to either have inadequate liability insurance coverage or will flaunt the law entirely, uninsured motorist coverage helps fill in the gaps. Without it, you may be unable to be compensated for injuries or vehicle damage following an accident where an uninsured (or underinsured) driver is at fault. Some states require uninsured motorist coverage, but others offer it as an add-on to basic policies.
Uninsured motorist coverage can reimburse claimants for medical expenses, lost wages, injuries to passengers, and vehicle damage. However, uninsured motorist coverage doesn't help you in a hit-and-run.
State Car Insurance Laws at a Glance
State automobile insurance laws generally set minimums for liability coverage of bodily injury (per person and per incident) and property damage. Some states also require a minimum amount of coverage for uninsured and underinsured motorists as well. These limits range from roughly $20,000 to $100,000 per accident for injury liability and generally less per accident for property damage liability.
For instance, Florida law requires at least $10,000 in property damage liability per accident and $10,000 in personal injury liability coverage, which is toward the low end of the scale. Illinois, which is somewhere near the average, requires at least $50,000 in bodily injury and $20,000 in property damage liability coverage; while also requiring at least $50,000 in uninsured motorist coverage per accident.
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