“Seek Justice & Walk Humbly with God” -Micah 6:8
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The Law
Every driver has the legal duty to operate his or her vehicle in a reasonably safe manner to prevent injuries to others. If a driver acts in an unsafe manner and causes injury to another person, he or she will be found to be negligent and “at fault” for the car accident. There are many different forms of negligence that can lead to traffic-related accidents.
Who is protected?
Drivers and Passengers
Whether in a car, truck, or motorcycle, all occupants are entitled to legal protections if they are injured due to someone else’s negligence.
Pedestrians
People walking on or near roadways who are struck by a vehicle have legal rights and may be eligible for compensation.
Family Members of Victims
In cases involving severe injury or wrongful death, close family members may be entitled to compensation for loss of companionship, financial support, or emotional distress.
Why are they protected?
Motor vehicle accident laws exist to protect individuals by promoting safer roads, ensuring victims receive fair compensation, and establishing clear legal responsibility in the event of a crash. These protections help injured parties recover damages for medical expenses, lost income, and emotional distress, while also supporting their rehabilitation and return to daily life.
What Commonly Happens?
DUI
Distracted driving
Aggressive driving
Driving under the influence is the offense of driving, operating, or being in control of a vehicle while impaired by alcohol or drugs, to a level that renders the driver incapable of operating a motor vehicle safely.
Distracted driving is any activity that diverts a driver’s attention away from the primary task of driving, potentially leading to accidents and injuries. This includes activities like texting, eating, talking on the phone, or even daydreaming.
Aggressive driving is defined as operating a motor vehicle in a way that endangers or is likely to endanger people or property, often involving a combination of traffic violations and unsafe behaviors.
Recoverable Damages
An injured plaintiff can claim the following damages, both past and future:
• Medical Expenses
• Loss of Income
• Loss of Earning Capacity
• Property Damage
• Physical Pain
• Disfigurement
• Physical Impairment
• Emotional Distress
• Mental Suffering
• Loss of Enjoyment of Life
• Loss of Household Services
• Loss of Consortium
Wrongful Death Damages
In wrongful death cases, plaintiffs can claim the following damages, both past and future:
• Loss of Financial Support
• Loss of Gifts or Benefits
• Funeral and Burial Expenses
• Loss of Household Services
• Loss of Love and Companionship
• Loss of Comfort and Care
• Loss of Assistance
• Loss of Protection
• Loss of Affection
• Loss of Society
• Loss of Moral Support
• Loss of Training and Guidance
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