Car accidents often occur due to other drivers’ negligence, such as distracted driving, speeding, or impaired driving. When these factors lead to crashes, victims may seek compensation through legal action. While most car accident cases are settled outside of court, some do go to trial.
The likelihood of a case going to court depends on factors like disputed liability, severity of injuries, and insurance company negotiations.
A Calgary car accident lawyer plays a key role by gathering evidence, negotiating settlements, and representing the victim’s interests. They will work through the legal process, ensuring that victims understand their rights and increasing their chances of receiving fair compensation for injuries and damages.
Factors That Determine Whether a Car Accident Claim Will Go to Court
Whether a car accident case goes to court depends on several key factors. While many car accident cases are settled outside of court, others may require litigation. The specifics of the accident, the involved parties, and the complexity of the legal issues often influence the decision to go to court. Here are the most important factors that determine whether a case will proceed to trial:
Disagreement Over Liability
One of the most significant factors is whether the parties involved in the accident agree on who is at fault. If both drivers or insurance companies dispute liability, the case is more likely to go to court. For example, if one driver denies responsibility or claims the other driver caused the crash, the issue of fault may need to be settled in front of a judge or jury. In contrast, if both parties agree on fault, the case can often be settled out of court.
Severity of Injuries
The severity of the injuries sustained in the crash can also influence whether a case goes to court. If the injuries are serious, such as permanent disability or long-term medical care, the victim may seek a larger settlement, which the insurance company may be unwilling to offer. In these cases, the injured party may choose to file a lawsuit to pursue greater compensation. In less severe cases, the insurance companies can reach a settlement without the need for court intervention.
Insurance Company Disputes
Insurance companies often play a central role in car accident claims, and their willingness to settle is a key factor in determining whether a case goes to court. If an insurance company offers a fair settlement that adequately compensates the injured party, the case can be resolved without litigation. However, if the offer is too low or if the insurance company denies the claim, the victim may choose to take the case to court to seek a higher settlement.
Availability of Evidence
The strength of the evidence also plays a role in whether a case will go to court. Clear and convincing evidence, such as witness statements, traffic camera footage, or police reports, can make it easier to prove fault. If the evidence is weak or conflicting, it may make the case more complicated, prompting both parties to seek a court resolution.
Willingness to Settle
Finally, the willingness of the parties to negotiate and settle outside of court can prevent litigation. If both parties are open to alternative dispute resolution (ADR) methods such as mediation or arbitration, the case may be resolved without going to trial. However, if either party is unwilling to compromise, a trial may be inevitable.
What Happens During Car Accident Litigation?
Car accident litigation is a legal process that occurs when a person seeks compensation for injuries or damages resulting from a car accident, and the case cannot be resolved through insurance negotiations. The process generally involves filing a lawsuit, discovery, settlement negotiations, and possibly a trial or ADR proceedings. A lawyer plays a crucial role throughout this process, guiding their client and ensuring that their rights are protected.
- Filing a Lawsuit – The litigation process begins when the injured party (the plaintiff) decides to file a lawsuit against the party they believe is responsible for the accident (the defendant), which involves drafting and submitting a complaint to the court. The complaint outlines the facts of the accident, the injuries sustained, and the legal basis for the claim. Once filed, the defendant is formally notified (served) with the lawsuit and is given a chance to respond.
- Discovery Process – After the lawsuit is filed, both parties enter the discovery phase. During discovery, both sides gather evidence to support their claims. This evidence can include taking depositions (sworn testimonies), reviewing documents (like medical records or accident reports), and requesting interrogatories (written questions). A lawyer can gather evidence, interview witnesses, and request information from the other side to build a strong case.
- Settlement Negotiations – In many cases, before going to trial, both parties will attempt to reach a settlement. Lawyers often negotiate on behalf of their clients, trying to agree on a compensation amount that both parties find acceptable. Settlement can happen at any point during the litigation process, even right before a trial begins. A lawyer can determine a fair settlement offer and advise whether it is in the best interest of the client to accept or continue with litigation.
- Alternative Dispute Resolution– If settlement negotiations fail, the case may proceed to ADR methods, like mediation or arbitration. In mediation, a neutral third party (the mediator) helps the parties reach an agreement. Arbitration is more formal, where an arbitrator hears both sides and makes a binding decision. ADR can be less expensive and faster than a trial, and a lawyer can represent their client during these proceedings to ensure their interests are protected.
- Trial – If the case does not settle through ADR, it goes to trial. At trial, both sides present their evidence and arguments before a judge or jury, who then decides the outcome. A lawyer plays a critical role in preparing for trial, cross-examining witnesses, and presenting the client’s case.
Throughout the entire process, a lawyer provides essential legal advice, handles paperwork, ensures deadlines are met, and works to protect the accident victim’s rights, ultimately striving to achieve the best possible outcome.
Most Common Types of Car Accidents
Car crashes can happen for many reasons, but a common cause is driver negligence. When drivers fail to pay attention or act irresponsibly, they can cause dangerous accidents. The following are some of the most common types of car crashes that occur due to negligent driving.
Rear-end Collisions
One of the most common types of crashes is the rear-end collision, which happens when a driver fails to stop in time and crashes into the vehicle ahead. This type of crash often occurs because the following driver is distracted, tailgating, or not paying attention to the road. In some cases, it can also happen if the driver is speeding or following too closely, which leaves them with little time to react.
Running Red Lights and Stop Signs
Another dangerous situation arises when drivers ignore traffic signals, like running red lights or failing to stop at stop signs. This behaviour is often the result of impatience or rushing. When a driver runs a red light, they risk causing a T-bone crash, which can be especially deadly for both drivers and passengers.
Distracted Driving Accidents
Distracted driving is one of the leading causes of accidents. Distracted driving includes anything that takes a driver’s attention away from the road, such as texting, talking on the phone, eating, or adjusting the radio. When a driver is distracted, they may not notice a stop sign, another vehicle, or an obstacle in the road in time, increasing the chances of a crash.
Drunk Driving Collisions
Driving under the influence of alcohol or drugs is another form of negligence that leads to crashes. Impaired drivers have slower reaction times, poor judgment, and a higher likelihood of making dangerous mistakes. Drunk driving accidents can range from fender benders to serious crashes with long-lasting consequences.
Speeding
Excessive speed is a major factor in many accidents. Drivers who speed have less time to react to sudden changes in the road, such as a pedestrian crossing, a car braking, or a sharp curve. High-speed crashes are often more severe because the impact is greater.
Lane Change and Merging Accidents
Accidents also occur when drivers fail to check their blind spots before changing lanes or merging onto highways. This type of negligence often results in side-impact crashes, which can be especially dangerous at high speeds.
Common Injuries and Medical Treatment Following a Car Crash
Car accidents due to another driver’s negligence can lead to a variety of injuries, ranging in severity. The severity of these injuries depends on factors like the speed of the crash, the type of collision, and the part of the body affected. Below are some of the most common injuries that accident victims may suffer.
- Whiplash – Whiplash is one of the most common injuries in rear-end collisions. It occurs when a person’s head suddenly jerks forward and then backward, causing strain to the neck muscles and ligaments. Symptoms of whiplash include neck pain, stiffness, headaches, and dizziness. In some cases, the injury can last for weeks or even months.
- Concussions and Brain Injuries – Head injuries, including concussions and traumatic brain injuries (TBIs), are common in car accidents. When the head strikes the steering wheel, dashboard, or window, the brain can move inside the skull, causing bruising or swelling. Even if the head does not hit anything, a sudden jolt from the crash can still lead to a concussion. Symptoms include headaches, confusion, nausea, and memory problems. Severe TBIs can also cause long-term disability.
- Broken Bones – Fractures are frequent in car accidents, especially in high-impact collisions. Broken bones can occur in the arms, legs, ribs, or even the spine. Depending on the location and severity of the fracture, victims may need surgery, casts, or long periods of physical therapy to heal. In some cases, broken bones can result in permanent mobility issues.
- Spinal Cord Injuries – Injuries to the spine, such as herniated discs or spinal cord damage, can be severe. The force of a car crash can compress or dislodge the discs in the spine, leading to pain, numbness, or weakness. In the worst cases, spinal cord injuries can cause paralysis, either temporarily or permanently, affecting a victim’s ability to move or feel certain parts of the body.
- Internal Injuries – Internal injuries, such as damage to organs like the lungs, liver, or kidneys, are another serious concern in car crashes. The force of the collision can cause bruising, bleeding, or tearing of internal organs, leading to life-threatening complications. These injuries may not be immediately visible but can be detected through medical imaging like X-rays or CT scans.
- Soft Tissue Injuries – Soft tissue injuries, such as sprains, strains, and bruising, are also common in car accidents. These injuries can affect muscles, tendons, and ligaments, causing pain, swelling, and difficulty moving.
Types of Compensable Losses That Car Accident Victims May Recover
Victims of car accidents may be eligible to recover a variety of compensatory damages depending on the circumstances of the crash and the severity of their injuries. The compensation is meant to provide financial relief for the hardships the accident caused. Below are the main types of losses that car accident victims can recover.
Lost income – If a car accident results in injuries that prevent a victim from working, they may be entitled to compensation for the income they lose during their recovery. This compensation can include income lost while the victim is unable to work or attend work-related activities. In cases of severe injury, compensation may extend to future lost earnings if the victim is unable to return to their previous job or is forced to work at a reduced capacity.
Pain and Suffering – Pain and suffering refers to the physical pain and emotional distress due to the car accident and the injuries sustained. This type of loss is more subjective and is usually based on factors like the severity of the injuries, the length of recovery, and how the accident has affected the victim’s quality of life. In some cases, emotional distress such as anxiety, depression, or PTSD that the crash caused may also be considered in the calculation.
Loss of Consortium – This type of loss applies to the spouse or family members of the injured victim. Loss of consortium compensates for the loss of companionship, emotional support, and sexual intimacy resulting from the victim’s injuries. If the victim’s ability to engage in a fulfilling relationship is significantly impaired due to their accident, their spouse may be entitled to compensation for this loss.
Emotional Distress – Emotional distress compensation covers the psychological effects of the accident, such as anxiety, depression, or trauma. These effects can last long after the physical injuries have healed and can significantly impair a victim’s ability to function. Courts may award damages for emotional distress based on the severity of the emotional suffering.
A lawyer can determine which types of losses apply to each individual case and will work to maximize the compensation award you receive.
Talk with an Experienced Car Accident Lawyer Right Away
Car accidents can lead to debilitating injuries and extensive damages. If you suffered injuries in a recent car crash, a knowledgeable Calgary personal injury lawyer can handle the process for you and pursue the compensation you need to become whole again.
