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Common Reasons People File Auto Accident Lawsuits

Last updated 6 years ago

If you’re injured in an automobile accident, you may deserve compensation for your property damage, injuries, and emotional trauma. A personal injury lawyer can talk you through the specifics of your unique situation, but a lawsuit will likely depend on the type of accident and the cause of that accident. Here are three common reasons that accidents occur—and the legal theories which dictate the proper lawsuit.

Driver Negligence

The most common cause of car accidents is simply bad driving. Drivers are required to observe a reasonable standard of care while driving—failure to do so is called negligence. Negligent drivers are not alleged to have intentionally caused the accident; only to have caused it by failing to act in the way that a reasonably responsible person would have. Causing harm to others or their property through negligence is an actionable offence and personal injury lawyers can help by filing an auto accident lawsuit against the negligent party.

Poor Road Design and Condition

Sometimes, accidents are not the result of a particular driver’s carelessness. If a stretch of road is poorly designed or maintained, it can cause vehicles to lose control, sometimes resulting in property damage, injury, or death. If an accident is caused by poor road design or insufficient maintenance, the local government charged with maintaining the road will be the defendant in the lawsuit. However, the government may have immunity against legal action, depending on local sovereign immunity laws.

Automotive Defects

Defective automobiles can also cause accidents without any error on the part of the driver. The companies which constructed the car or its parts may also be liable for these accidents and then charged with negligence. Lawsuits against large automotive companies are typically bundled into one large, class-action lawsuit.

If you’ve been injured in an auto accident, you should focus on healing—not on arcane legal details. For aggressive, knowledgeable legal defense in Chicago, contact McCready, Garcia, and Leet, P.C. at (773) 779-9885. Our personal injury lawyers will help you pursue legal action against those responsible for your accident.


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