Automobile Accidents

Automobile accidents are one of the leading causes of accidental injury in this country. Each year, thousands of people are killed in motor vehicle crashes and millions are injured. These crashes are frequently caused by the negligence of other drivers, leading to their own death or injury as well as those of innocent victims. Motor vehicle accidents can have many causes, but they can usually be divided into negligence, intentional misconduct, or product liability. While it is true that accidents can be caused by a so-called "act of nature" such as earthquakes, these are rare.

Negligence is one of the primary causes of automobile accidents. Negligent acts mean that the driver causing the accident did not exercise reasonable care. For example, he was driving too fast or too slowly for the conditions. Or he allowed himself to be distracted. Or he carelessly ignored traffic signals or conditions. There are many areas in which negligence can occur but negligence is a failure to be careful rather than an act intended to cause harm. A person who is distracted and rear-ends another vehicle at a red light is negligent.

Intentional misconduct, on the other hand, is an action committed when the person knew that doing so could cause harm and did not care, or actively desired to harm others. A driver who drives at a high rate of speed, cutting in and out of traffic, is intentionally putting himself and others at risk.

The law of strict liability could apply in some circumstances and neither negligence nor intent would need to be shown. One cause of auto accidents is product failure. The Firestone tire litigation is a prime example of product failure. In that case, a defect in the tire caused accidents beyond the control of drivers. The defects were not intentional but in law the manufacturer was responsible. A similar situation could exist if a repair to the car was done improperly and resulted in a crash.

If you or a loved one is in need of legal assistance, please call Kleinpeter & Schwartzberg, L.L.C. at (225) 926-4130 or toll free (800) 548-6130 anytime during regular business hours, Monday-Friday (8:00 AM to 5:30 PM), or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will usually work on a contingency fee basis, which means we get paid for our services only if we recover money for you. Remember, if a lawsuit is not filed within the time limit set by law, all rights may be lost forever. Only an attorney, based on the factual information provided by the client, can determine for sure the applicable prescription period (time limit). Please do not delay in seeking legal assistance to ensure that you do not waive your right to possible compensation.