Car Accidents

The short version

After a car accident, you might wonder who is at fault, how to get your car fixed, and how to pay for medical bills. This lesson explains how state laws and federal rules for commercial drivers govern what happens next. Understanding these rules can help you protect your rights and navigate the process of claims and recovery.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

State vehicle codes (e.g., 'rules of the road')
These laws define how drivers must operate their vehicles, including things like speed limits, stop signs, turn signals, and safe driving practices. Many codes also define negligence in driving.
Why it matters:
State financial responsibility laws (often within vehicle codes)
Many states require drivers to carry a minimum amount of car insurance or provide other proof they can pay for damages if they cause an accident.
Why it matters: This ensures that there is a way to cover costs for injuries and property damage that result from an accident.
State civil statutes of limitations for personal injury and property damage
These laws set a deadline for how long you have to file a lawsuit after an accident to claim damages for injuries or property loss.
Why it matters: Missing this deadline can mean you lose your right to sue for compensation, even if you were seriously harmed.
49 C.F.R. Part 382 (Federal Motor Carrier Safety Regulations for commercial drivers)
This federal regulation sets rules for commercial truck and bus drivers regarding drug and alcohol testing, hours of service, and other safety measures. For example, 49 C.F.R. § 382.201 prohibits commercial drivers from operating with any alcohol in their system.
Why it matters: If a commercial vehicle is involved in an accident, these federal rules can show if the commercial driver or company violated safety standards, which can impact fault and liability.

Words you need to know

Fault: Who is legally responsible for causing the accident. State vehicle codes often define driving behaviors that determine fault.
Negligence: Failing to act with the care a reasonable person would use, leading to harm. If a driver breaks a 'rule of the road,' they may be considered negligent.
Damages: The financial compensation you can receive for injuries (medical bills, lost wages, pain and suffering) and property damage (car repairs or replacement).
Insurance Claim: A formal request made to an insurance company for payment under the terms of an insurance policy to cover accident-related costs.
Bodily Injury Liability: Coverage that pays for injuries to other people if you cause an accident. State financial responsibility laws often require minimum amounts of this coverage.
Property Damage Liability: Coverage that pays for damage to another person's property (like their car) if you cause an accident. State financial responsibility laws often require minimum amounts of this coverage.
No-Fault Insurance: In some states, your own insurance pays for your medical bills and lost wages after an accident, regardless of who caused it. This is based on specific state laws.

Your rights

✓You have the right to exchange information with other drivers involved, including names, contact, and insurance details, as required by state vehicle codes.
✓You have the right to report the accident to law enforcement, especially if there are injuries or significant property damage, as mandated by state law.
✓You have the right to seek medical attention for your injuries and have those expenses considered in your claim.
✓You have the right to file an insurance claim for property damage and bodily injuries.
✓You have the right to reject an unfair settlement offer from an insurance company.

How the process actually works

1
Stop and secure the scene
Immediately after the accident
Immediately stop your vehicle and move to a safe location if possible. State vehicle codes usually require you to stop and exchange information.
2
Check for injuries & call emergency services
Immediately after the accident
Check if anyone is hurt. If so, or if there's significant damage, call 911. Police can document the scene and help with injuries. State vehicle codes often require reporting serious accidents.
3
Gather information
At the scene of the accident
Collect names, contact details, insurance information, and license plate numbers from all drivers involved. Get witness contact information too. Take photos of the scene and damage. State vehicle codes mandate sharing basic info.
4
Report to your insurer
As soon as reasonably possible, usually within a few days
Notify your own insurance company about the accident, even if you think it's not your fault. Your policy likely requires timely notification.
5
Seek medical attention
As soon as possible after the accident, if you have any pain or concern
Even if you feel fine, get checked by a doctor. Some injuries are not immediately obvious. This creates a record if you need to claim for injuries.
6
File a claim
After reporting, when you have enough information about damages and injuries
Your insurance company or the other driver's insurance company will investigate and process your claim for damages, according to state financial responsibility laws and insurance policy terms.

Deadlines that can end your case

Reporting the accident to police
Varies by state (e.g., immediately, within 24-72 hours, or only if damage exceeds a certain amount or there are injuries)
Failing to report a serious accident as required by your state's vehicle code can result in fines or other penalties, and can complicate insurance claims.
Reporting to your insurance company
Varies by policy, often 'as soon as practicable' or within a few days
Delaying could give your insurance company a reason to deny coverage under your policy.
Filing a personal injury lawsuit (Statute of Limitations)
Varies by state (e.g., 1-6 years, with 2-3 years being common)
If you do not file your lawsuit before this deadline, you will likely lose your legal right to seek compensation for your injuries.
Filing a property damage lawsuit (Statute of Limitations)
Varies by state (often similar to personal injury, but can be shorter)
Missing this deadline means you cannot sue to recover money for your damaged vehicle or other property.

Costly mistakes

✕Not stopping at the scene of the accident, which is a violation of state vehicle codes and can lead to hit-and-run charges.
✕Admitting fault or apologizing at the scene, as this can be used against you later by insurance companies.
✕Failing to get medical attention promptly, which can make it harder to prove your injuries were caused by the accident.
✕Not gathering enough evidence at the scene, such as photos, witness information, and police report numbers.
✕Ignoring deadlines, especially the statute of limitations for filing a lawsuit, which can cause you to lose your legal rights.
✕Signing documents from an insurance company without understanding them or consulting with a legal professional.

Your checklist

Stop safely and turn on your hazard lights.
Check for injuries and call 911 if anyone is hurt or if there's significant damage.
Exchange required information with other drivers (name, contact, insurance, license plate).
Take detailed photos of the scene, vehicles, and any injuries.
Report the accident to your insurance company promptly.
See a doctor, even if you feel okay, to document any potential injuries.
Keep all accident-related documents, like medical bills and repair estimates.

Common questions

What should I do right after a car accident?

Immediately stop your car in a safe place. Check for injuries and call 911 if necessary. Exchange information with other drivers as required by state vehicle codes, and take photos of the scene and damage.

Do I have to report the accident to the police?

State laws vary, but generally, you must report an accident to the police if there are injuries, fatalities, or significant property damage. Your state's vehicle code will specify the exact requirements.

Who pays for my car repairs?

This depends on who is at fault and your insurance coverage. In 'at-fault' states, the at-fault driver's liability insurance typically pays. In 'no-fault' states, your own insurance pays for your car repairs (if you have collision coverage) or injuries, regardless of fault. State financial responsibility laws govern minimum coverage.

Can I still claim if I was partly at fault?

It depends on your state's laws. Some states follow 'pure comparative negligence,' where you can recover damages even if you're mostly at fault, but your compensation is reduced. Other states use 'modified comparative negligence,' where you can only recover if you are less than 50% or 51% at fault. Your state's civil statutes dictate this.

How does an accident with a commercial truck differ?

Accidents involving commercial trucks often have additional layers of complexity due to federal regulations like 49 C.F.R. that apply to commercial drivers and carriers. These regulations, covering things like driver hours and drug testing, can be used to show negligence and may lead to larger claims.

How this changes by state

Laws about car accidents, including determining fault, insurance requirements, and deadlines for filing lawsuits, vary significantly from state to state. For example, some states are 'no-fault' and others are 'at-fault' when it comes to insurance claims. The specific rules for reporting accidents to the police, the minimum amount of insurance you must carry, and the time limit (statute of limitations) to sue for injuries or property damage are all set by individual state vehicle codes and civil statutes. To find your state's specific rules, you can look up your state's Department of Motor Vehicles (DMV) website or search for your state's vehicle code online.

When you need a lawyer

You should consider contacting a lawyer if you've suffered serious injuries, if there's a dispute over who caused the accident, if the insurance company is denying your claim or offering a low settlement, or if the accident involves a commercial vehicle or multiple parties. A lawyer can help you understand complex state laws and deadlines, ensuring your rights are protected and you receive fair compensation.

Do this today

→Review your car insurance policy to understand your coverage.
→Familiarize yourself with your state's vehicle code regarding accident reporting and financial responsibility.
→Keep a file of all documents related to any car accident you are involved in, including photos, medical records, and communication with insurers.

This lesson is legal information for educational purposes only, based on State vehicle codes; 49 C.F.R. (commercial drivers). It is not legal advice and does not create an attorney-client relationship.