Defining a car accident may seem like stating the obvious. However, from a legal perspective, there’s a specific definition of what counts as a car accident, and understanding this is what determines whether you can claim through an auto insurer or filing a lawsuit with the help of experienced car accident attorneys.
According to the BBC, an estimated 1.2 million lives are lost globally to motor vehicle collisions annually, but this represents a tiny proportion of the actual number of accidents.
In short, a car accident must involve one or more vehicles and result in losses. In other words, nudging the curb isn’t going to qualify because there’s no damage, no loss, and no injury. Here’s how it works from a legal perspective.
Key Takeaways
- The legal definition of a car accident is an accident involving one or more motor vehicles resulting in tangible losses, including personal injuries and property damage.
- The most common types of car accidents include rear-end, head-on, and T-bone collisions. Each comes with its own characteristics and injury patterns.
- The most common causes of motor vehicle crashes include driver error, road conditions, weather conditions, and poor vehicle maintenance.
- Injuries from car accidents include soft tissue injuries, broken bones, lacerations, whiplash, Traumatic Brain Injuries (TBIs), and internal injuries.
- All accidents come with significant legal and insurance implications. These impacts depend on the state you reside in (at-fault vs. no-fault states).
- The best way to untangle the complexities of car accidents and pursue your rightful claim is to work with a personal injury lawyer.
Understanding What Constitutes a Car Accident
Car accidents involve motor vehicles that result in injuries, property damage, death, and other losses. It’s a broad definition that encompasses everything from two vehicles crashing into each other head-on to a single vehicle hitting a street light or veering onto the sidewalk and hitting a pedestrian.
According to the National Safety Council, the current accident death rate is 13.8 per 100,000 drivers, with significant improvements over the intervening decades. In total, the IIHS reported that this added up to 42,514 deaths in 2022.
Another point of order is that the term “accident” doesn’t always mean that someone made an error. Car accidents can be intentional, usually resulting in the at-fault party receiving more severe charges, including at the felony level.
The Legal Definition of a Car Accident
Legal definitions vary across jurisdictions globally, but Cornell Law School defines a car accident as an occurrence associated with maintaining or operating a motor vehicle or associated equipment resulting in property damage, personal injury, or death.
As you can see from this definition, there’s no mention of intent or any specific loss threshold for what constitutes a car accident. Most states in the U.S. set a threshold for when accidents must be reported to the police. Typically, states require accidents to be reported if:
- There are injuries.
- Someone has died.
- Property damage exceeds a specific dollar amount.
Not reporting an accident is considered a crime and may lead to penalties like fines, license suspension, and even jail time. Don’t forget that just because your accident didn’t meet your state’s legal threshold doesn’t mean it didn’t count as a car accident. An obligation to report an accident has nothing to do with the legal definition of an accident.
Generally, it’s strongly recommended that all drivers automatically report an accident because it’s a way to gather evidence for an insurance claim later. It’s just another way to ensure you’re not left out of pocket because of someone else’s negligence.
Why Does the Legal Definition of a Car Accident Matter?
The legal definition of an auto accident isn’t purely a technicality relevant to legal professionals. It matters to all drivers because it determines your legal rights, reporting obligations, and insurance coverage.
Here are some situations where the definition matters:
- If an incident qualifies as an “accident”, state reporting obligations apply to you.
- If you’re involved in an accident, it determines which part of your auto insurance policy applies to you.
- If an incident doesn’t qualify as an “accident”, there’s no way to assign fault, meaning you won’t be able to hold another party liable, thus making it challenging to claim.
- Whether an accident is an accident or not could impact your driving record. Your engine blowing up in your driveway won’t result in your license being suspended, but your engine blowing up while speeding down a busy road could.
- Determining whether an accident is an accident legally will influence how the event is documented and acted upon.
Distinguishing Between Car Accidents and Other Incidents
A vehicle-related event doesn’t always qualify as a motor vehicle accident. Whether it qualifies as an accident matters because it impacts liability, reporting requirements, and auto insurance payouts.
Examples of car accidents might include getting rear-ended at a stoplight, knocking a cyclist off their bike with your car, hitting a parked car, or a multi-car catastrophe at an intersection. However, here are some common scenarios that wouldn’t count as a car accident:
- Vandalism
- Theft
- Weather damage
- Mechanical failures
- Natural disasters
- Fires
That doesn’t mean your auto insurer won’t pay for these claims if you have the right coverage. The above are why the Insurance Information Institute reports that 80% of drivers take out full coverage (including collision), rather than just public liability.
Of course, suppose you don’t have collision coverage. In that case, you won’t be able to claim because incidents like vandalism and natural disasters wouldn’t come under the definition of a motor vehicle accident.
Types of Car Accidents and Their Characteristics
Car accidents fit a broad cross-section of situations on the road. Every accident has its own causes, common injuries, and legal issues. The type of car crash influences everything from the injuries you can expect, fault, and the size of a potential payout if the other party is wholly at fault.
According to MarketWatch, there were 5.9 million crashes in 2022 nationwide, illustrating just how high the chances of getting into an accident are. Thankfully, most accidents aren’t life-changing, but there’s no such thing as educating yourself too much.
Here’s a comprehensive list of the most common types of accidents and what they look like.
Rear-End Collisions: Causes and Impacts
Rear-end collisions are where one vehicle crashes into the back of another. These accidents may happen while in motion or while one vehicle is stationary, such as while waiting at a stop sign or a red light. The most common injuries in these accidents include head trauma, whiplash, concussion, and back/neck strain.
According to the National Law Review, rear-end collisions represent up to 29% of all accidents resulting in serious injuries. So, why do they happen?
- Tailgating
- Texting while driving
- Sudden braking
- Icy roads
- Road rage
In many cases, it’s the rear driver who’s held to be at fault, but just because this is the most common outcome doesn’t mean fault is always assigned in this way. For example, the driver in front might attempt to brake-check a driver. Alternatively, the driver in front might actually hit someone else in the rear, causing a chain reaction of accidents behind them, especially during rush hour.
Side-Impact Crashes: Understanding T-Bone Accidents
Side-impact accidents, or T-bone crashes, are where a vehicle’s front hits the side of another, forming a distinctive “T” when viewed from above. These are especially dangerous because most vehicles have less protection on their sides, leading to life-threatening injuries.
According to the National Highway Traffic Safety Administration (NHTSA), broadside crashes account for up to 18% of fatal motor vehicle crashes and as many as 13% of all car accidents annually, making them among the deadliest accidents you can experience.
So, what are the leading causes behind them?
- Running red lights
- Ignoring stop signs
- Speeding through intersections
- Failing to yield when required
- Distracted driving
T-bone accidents should never happen if all drivers pay attention to what’s happening around them and follow the rules of the road. It shouldn’t surprise you that they most commonly occur at intersections and are liable to cause multiple collisions, with multi-vehicle pileups being prevalent.
Head-On Collisions: The Most Dangerous Scenarios
Head-on car collisions happen when two vehicles drive at each other and their front ends collide. The NHTSA reports that they represent just 2% of road traffic accidents but make up 11% of all car wreck deaths.
Unfortunately, they’re nearly always caused by serious road traffic violations, such as crossing the center line, driving while drunk, driving under the influence of drugs, falling asleep at the wheel, and distracted driving.
Occasionally, they might also occur due to issues like foreign drivers unfamiliar with American roads and accidents that result in cars being flung onto oncoming lanes. In the latter case, the head-on traffic collision would count as a secondary collision.
The impacts of frontal collisions are dire due to the force of both vehicles hitting each other. Even at low speeds, they can result in severe injuries, such as internal bleeding, neck and spinal fractures, and traumatic brain injuries. There’s also a much higher likelihood of drivers and passengers getting ejected through the windshield.
Rollover Accidents: Causes and Consequences
Rollover accidents happen when vehicles are partially or entirely flipped onto their sides or roofs. The National Safety Council reveals they make up around 10% of all road deaths, with single-vehicle rollovers making up nearly half of all fatal crashes relating to these types of accidents.
These accidents can have various causes, including:
- Tire blowouts
- Overcorrection
- Slipping on icy roads
- Striking a curb
- Taking a corner at high speeds
High-sided vehicles, such as semi-trucks and SUVs, are more prone to rollover accidents. Furthermore, it’s worth mentioning that rollovers can also result from other types of accidents when there’s enough force involved, such as side swipes, T-bones, and head-on collisions.
Serious injuries are incredibly common due to the multitude of forces applied to the vehicle’s occupants, especially if the vehicle endures significant air time. The roof's structural integrity could also be compromised, leading to crush injuries. Many accident victims are also ejected from their vehicles.
Minor Fender Benders vs. Serious Accidents
Car accidents can be everything from a minor annoyance to a life-changing event. Fender benders are accidents that happen at low speeds and usually just cause superficial damage to vehicles, with some victims experiencing minor injuries. In contrast, serious accidents are characterized by more serious injuries and losses.
Here’s a rundown of the key differences:
Fender Benders
- Typically, they’re low-speed crashes.
- Most commonly occur in slow-moving traffic and parking lots.
- Damage is mainly cosmetic.
- Injuries may still occur, but are rarely life-changing.
- Most fender benders don’t meet the threshold for mandatory law enforcement reporting.
Serious Accidents
- High-impact crashes.
- Significant vehicular damage and injuries.
- Emergency response is usually required.
- Often results in long-term medical care.
- Litigation is a common outcome.
Common Causes of Car Accidents
After your accident, your insurance company and your legal team will investigate the cause of your accident. It’s an enormous part of determining who was at fault and, ultimately, who’s liable for damages.
Car accidents don’t always go back to a single cause. Many accidents result from multiple causes, including driver error, road conditions, the weather, vehicle maintenance issues, and pure negligence.
It’s why so many states, including Texas, use a comparative negligence model, which acknowledges the role both parties might have played in an accident when deciding on financial settlements.
With that in mind, here’s a breakdown of the most common car accident causes.
Driver Error and Negligence
Driver error is by far the leading cause of accidents in the U.S. – and it’s not even close. The NHTSA estimates that 94% of all car accidents involve some form of human error, either as a primary or secondary cause.
Examples of driver error and negligence include:
- Distracted driving
- Speeding
- Driving under the influence
- Aggressive/reckless driving
- Not obeying traffic signals
- Failing to yield
- Driver inexperience
- Poor judgment
These categories encompass a substantial range of potential causes, from texting while driving to slightly exceeding the speed limit to falling asleep at the wheel and road rage. The prominence of human error is why auto insurance firms and car accident lawyers spend so much time scrutinizing driver actions before, during, and after accidents.
Road Conditions and Their Influence
Road conditions have come under the spotlight over the years, as safety experts point to how common hazardous and poorly maintained roads are cited as contributing factors in accidents. According to a National Institutes of Health study, road conditions increased crash frequency and severity on 52.7% of occasions.
Whether it’s potholes, lack of signage, poor visibility, unexpected construction zones, or damaged barriers, these infrastructure issues can make accidents much worse than they need to be. In many cases, they cause it.
For example, a cautious driver on a poorly lit road at night may move into another lane and not see a pothole. One of their wheels clips, and suddenly they’re thrown off track, or their speed changes suddenly, and then another driver crashes into them. Yes, the driver might have paid more attention, but the accident would never have happened if the pothole hadn’t been there.
Where local authorities fail to maintain roads in their jurisdiction, additional liability could fall on them for accidents.
Weather-Related Factors
Weather also significantly contributes to accidents, as it alters road conditions and makes usual routes perilous. Rain, snow, ice, fog, and high winds are all elements that could make driving more difficult and increase the chances of drivers losing control of their vehicles.
According to the Federal Highway Administration (FWA), 21% of crashes nationwide are related to the weather. It translates to over a million accidents every year. However, unlike other issues, different weather variations transform the risks drivers face.
Let’s take a look at how these weather conditions increase driver risk:
- Rain – Water on the road reduces how much traction your tires have, resulting in hydroplaning. Your visibility is also reduced, meaning you might miss out on hazards.
- Snow/Ice – Snow and ice on the road increase your braking distance and your chances of skidding and losing control.
- Fog – Fog is another type of weather that reduces your visibility. In heavy fog, you might miss out on other vehicles, road signs, and curves.
- High Winds – Strong winds push smaller vehicles off-course and can topple high-sided vehicles, leading to rollover accidents.
Adjusting to poor weather is crucial to reduce your risk of getting into an accident. Expect to lower your speeds and increase your following distance. Inexperienced drivers should also consider avoiding non-essential trips.
Vehicle Condition and Maintenance Issues
Poorly maintained vehicles can also contribute to accidents, with the NHTSA estimating that 20% of all accidents feature this risk factor. Drivers who don’t take their vehicles for regular servicing risk tire blowouts, brake malfunctions, and non-functioning lights.
Equipment failures aren’t just bad luck. It’s every driver’s legal responsibility to ensure their vehicles are safe to operate on public roads. Traffic officers can pull you over and issue a ticket if they believe your car isn’t roadworthy.
Note that this isn’t the same thing as manufacturer defects. You could hold the auto manufacturer liable if a manufacturing defect causes your accident.
Injury and Property Damage in Car Accidents
Car accidents must always contain some form of injury or property damage to qualify under the legal definition. If there’s no party that’s suffered losses, there’s no basis for an insurance claim or a lawsuit.
Let’s focus on injuries and property damage to help you understand what you can claim for and your next steps.
Common Injuries Resulting from Car Accidents
Your injuries will form the bulk of any claim or lawsuit. Depending on the circumstances of the accident, including point of impact, type of crash, and your vehicle’s safety features, your injuries will differ.
Every accident is unique, but here are the most common based on a study from the U.S. News & World Report:
- Whiplash
- Concussion
- Traumatic Brain Injuries (TBIs)
- Broken bones
- Lacerations
- Internal injuries
- Back injuries
- Neck injuries
- Arm and leg injuries
- Crush injuries
Even low-speed car accidents result in long-term injury, including chronic pain and other complications. Regardless of how you feel, seek medical attention immediately and get the all-clear before going home after an accident.
Assessing Property Damage: What to Look For
Property damage can include anything from cosmetic damage to your vehicle being totaled. Many legal guides also don’t mention that any property within your vehicle or on your person at the time, such as your smartphone, is also incorporated into property damage calculations.
For most, it’s their vehicle that makes up most of the property damage, so here’s what to look for:
- Body Damage – Dents, broken windows, scratches, and missing paint.
- Frame Misalignment – Gaps between body panels and doors that don’t close correctly.
- Fluid Leaks – Brake, coolant, and transmission fluids leaking out or oil on the ground indicate damage to the mechanical aspects of your vehicle.
- Airbag Deployment – Deployment of airbags usually results in vehicles being totaled, even if exterior damage is mild to moderate.
- Tire/Axle Damage – Damage to these areas impacts suspension, steering, and general safety.
Whether your vehicle is damaged enough to be classified as “totaled” depends on the repair costs. If the repair costs represent a specific percentage of the vehicle’s worth, then this would declare your vehicle a total loss.
Legal and Insurance Implications of Car Accidents
Car accidents raise a number of legal and insurance issues. The trauma of an accident doesn’t stop with your injuries, but what happens afterward. Most people are concerned about who will pay for their medical bills and time off work. Moreover, who’s responsible for these losses?
That’s why working with an experienced car accident attorney should be priority number one, because the aftermath of an accident has a massive impact on your future.
How Fault is Determined in Car Accidents
Fault is determined based on the evidence available. In no-fault states, fault isn’t as important for claims because every driver claims through their insurer, regardless of who’s at fault. In at-fault states, the concept of fault determines whether you’ll receive a full settlement for your injuries.
Auto insurers will conduct thorough investigations, as will your lawyer, to help decide who’s responsible for a crash. They’ll use evidence like:
- Official police reports
- Eyewitness statements
- Accident scene photos
- Dashcam footage
- Security camera footage
- Any citations issued
- Accident reconstruction
All of these issues will be investigated under the umbrella of your state’s law. Depending on your state’s rules, you may or may not be able to claim compensation at all. For example, Texas has the 51% bar rule, which prevents anyone from receiving financial compensation if they’re 51% or more responsible for an accident.
Insurance Considerations: What You Need to Know
Your auto insurance coverage also plays a role in whether you receive any compensation. Even if you’re at fault for an accident, specific types of coverage will still cover some of your expenses regardless.
The most basic type of coverage all states, other than New Hampshire, require is liability insurance. This coverage pays out for damages caused to others. In other words, it shields your personal assets from being seized because your insurer will pay damages to the other party up to your policy’s limits.
Types of coverage that protect you in other ways include:
- Collision Insurance – All vehicle repairs, regardless of fault.
- Personal Injury Protection (PIP) – All medical expenses for the driver and their passengers, regardless of fault.
- Comprehensive Insurance – Known as full coverage, this covers all non-collision incidents, such as if your vehicle is stolen, vandalized, or damaged in natural disasters.
It’s also worth taking out uninsured/underinsured motorist coverage. This coverage protects you if the at-fault driver has insufficient insurance to cover your damages.
Potential Compensation: Understanding Your Rights
If you assume no fault, or even if you assume some fault in certain states, you’re entitled to claim compensation. Damages are claimed by filing a claim with the insurance company of the other driver, a personal injury lawsuit against the insurance company, or even a lawsuit against the driver personally.
Types of compensation available include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Loss of consortium
- Loss of quality of life
- Punitive damages (in rare cases)
Beware of the statute of limitations on personal injury cases in your state. If you don’t lodge your lawsuit in time, you’ll lose the right to claim entirely. In Texas, the statute of limitations is set at two years from the date of the accident.
What to Do Immediately After a Car Accident
The minutes after an accident are crucial. Your first priority is ensuring your safety, but your second is documenting the scene as well as you can to preserve your claim. It’s natural to panic in this situation, but take a deep breath, stay calm, and follow these steps.
Ensuring Safety and Reporting the Incident
Begin by getting yourself to safety. Call 911 and request an ambulance if you or anyone else has any serious physical injuries. You should also request that a police officer attend the scene.
If your vehicle is inoperable, get out of the car and get to safety. Don’t just wait in your car if it’s in the middle of the road or at risk of secondary collisions. If your car is operable, try to get it onto the shoulder where it won’t pose a hazard.
When you’re cleared to leave the accident scene by the attending officer, head straight to your nearest ER for a medical examination. Remember, many injuries don’t display symptoms for hours, days, or even weeks. Notify your insurer and contact a lawyer to begin the process of making your claim.
Gathering Evidence: Tips for Documentation
If you’re able, use your smartphone to take pictures of the accident scene. The best way to document the scene is to take as many pictures as possible. Focus on the following areas:
- Visible injuries
- Vehicular damage
- Resting positions of each vehicle
- Road conditions
- Road signage
Approach any eyewitnesses and ask if they’d be willing to provide a statement later. Under the law, eyewitnesses aren’t compelled to cooperate, so if they decline, you’ll have to accept it and move on.
Communicating With Law Enforcement and Other Drivers
Wait for law enforcement to arrive and exchange your contact details with other parties involved. You’re compelled to provide your contact and insurance details, or it’s classified as a hit-and-run offense, which carries criminal penalties.
What you say in these situations matters, as anything you can and do say will be used against you later. Here are some tips for communicating at the accident scene:
- Never admit fault, including saying sorry.
- Don’t engage with an aggressive or violent driver. Let an officer deal with them.
- Don’t speculate on the cause of the accident, even if you suspect it was your fault.
- Stick to the basic facts and nothing more.
- Minimize small talk entirely.
These tips may seem unfriendly or impolite, but thousands of legitimate personal injury claims are denied or devalued annually simply because a driver said “sorry” at the scene and it was documented by the opposing insurer.
Conclusion: Navigating the Complexities of Car Accidents
Car accidents are complex, and trying to deal with the legal and insurance headaches when you’re recovering from a major injury is the last thing you need. The best way to deal with the law and everything else that comes with a car accident is to work with an experienced personal injury lawyer.
At DJC Law, we’ve worked with thousands of clients in Texas to win them the compensation they deserve. With more than $400 million in settlements won, we’re best placed to get you your rightful settlement. To learn more, contact us for your free consultation today.
Frequently Asked Questions About Car Accidents
What do you do if you’re not injured but your vehicle is damaged?
Vehicle damage without any injuries still qualifies as a car accident and gives you the right to claim damages. Follow the same steps as you would with any other accident and lodge a claim against the at-fault driver.
How does a car accident impact your insurance premiums?
All auto accidents will impact your insurance premiums. Even if you weren’t at fault, it’s normal for your premiums to rise temporarily. However, they’ll usually settle back down relatively quickly. Your premiums may stay elevated for the next few years if you were at fault.
When should you contact a lawyer after a car accident?
The best time to contact a lawyer after a car accident is as soon as possible. Notifying a lawyer as early as possible in the process enables them to investigate, build your case, and deal with insurance adjusters who will be trying to contact you in the first days after your accident.
