Highway Accidents: Determining Fault and Taking Action

Highway accidents are a leading cause of injury and fatalities across the United States. These high-speed, high-impact incidents often result in devastating consequences for victims and their families. Understanding the causes, the ways to prevent these accidents, and the legal options available can make a significant difference for those affected.

The Scope of Highway Accidents in the U.S.

According to the National Highway Traffic Safety Administration (NHTSA), over 38,000 people lose their lives annually in motor vehicle accidents, with a significant portion of these tragedies occurring on highways. Highways are designed for speed and efficiency, but these very characteristics increase the likelihood of severe accidents. The combination of high-speed travel, congestion, and driver error creates a perfect storm for collisions.

Highway accidents range from minor fender-benders to catastrophic multi-car pileups. They can involve passenger vehicles, motorcycles, commercial trucks, and even pedestrians in rare cases. The impact of these accidents goes beyond physical injuries, often causing emotional trauma, financial strain, and long-term medical needs for survivors.

Common Causes of Highway Accidents

Driver Error

Human error remains the most prevalent cause of highway accidents. Some of the most common driver-related factors include:

• Speeding: Excessive speed reduces reaction time and increases the severity of collisions.
• Distracted Driving: Activities such as texting, eating, or adjusting the radio divert attention from the road.
• Impaired Driving: Alcohol and drugs significantly impair a driver’s ability to operate a vehicle safely.
• Aggressive Driving: Tailgating, weaving through traffic, and road rage are frequent contributors to accidents.
• Fatigue: Drowsy driving is particularly hazardous on highways, where monotony can exacerbate tiredness.

Road Conditions

Poorly maintained or designed highways can also lead to accidents. Factors such as:

• Potholes
• Inadequate signage
• Poor lighting
• Debris on the roadway

all contribute to unsafe driving conditions.

Weather

Weather conditions such as rain, snow, fog, and ice can make highways treacherous. Reduced visibility and slippery surfaces challenge even the most experienced drivers.

Mechanical Failures

Vehicle malfunctions, such as tire blowouts or brake failures, can cause drivers to lose control, especially at highway speeds. Regular vehicle maintenance is crucial to minimizing these risks.

Trucking Accidents

Commercial trucks pose unique risks on highways. Their size and weight mean that accidents involving trucks are often more severe. Common causes include:

• Overloaded or improperly loaded cargo
• Driver fatigue due to long hours
• Equipment failure due to inadequate maintenance

How to Prevent Highway Accidents

Practicing Safe Driving Habits

Conscientious and cautious driving can help to reduce the likelihood that you get involved in a car accident with another not-so-careful driver.

• Follow Speed Limits: Adhering to speed limits reduces the likelihood of losing control.
• Stay Alert: Avoid distractions and remain focused on the road.
• Use Defensive Driving Techniques: Anticipate other drivers’ actions and maintain a safe following distance.
• Avoid Impairment: Never drive under the influence of alcohol or drugs.
• Take Breaks: Rest when traveling long distances to avoid fatigue.

Regular Vehicle Maintenance

Keeping your vehicle in good condition can prevent mechanical failures. Regularly check:

• Tire pressure and tread
• Brake function
• Fluid levels
• Lights and signals

Understand Highway Rules

Awareness of highway-specific rules, such as merging procedures, lane usage, and exit protocols, can also minimize risks.

What to Do After a Highway Accident

If you get involved in a highway accident, move to safety on the side of the road if possible and turn on hazard lights. Notify 911 to report injuries and alert the police.

If you are able, document the scene. Take photographs of the accident scene, including vehicle damage, injuries, and road conditions. Obtain contact and insurance details from other parties involved.

After officials have arrived at the scene, ensure that an official report is made and that you request a copy of that report. Then, seek immediate medical attention. Even if you feel fine, get evaluated by a medical professional, as some injuries may not be immediately apparent.

Contact your insurance provider as soon as possible to report the accident. Provide all necessary documentation, but avoid admitting fault.

Highway accidents often involve complex legal and insurance issues. An experienced personal injury attorney can help you navigate these challenges and ensure you receive fair compensation. Your final step should be to contact Morgan & Morgan for a free case evaluation to learn about your legal options.

Legal Options for Highway Accident Victims

Victims of highway accidents often face significant medical expenses, lost wages, and emotional distress. Pursuing a legal claim can help alleviate some of these burdens.

Determining Liability

Identifying who is at fault is a critical step in pursuing a claim. Potentially liable parties may include:

• Other drivers
• Employers of commercial drivers
• Vehicle manufacturers (in cases of mechanical failure)
• Government entities responsible for road maintenance

Types of Claims

• Personal Injury Claims: Victims can seek compensation for medical bills, lost wages, and pain and suffering.
• Wrongful Death Claims: Families who have lost loved ones can pursue damages for funeral costs, loss of companionship, and financial support.
• Product Liability Claims: If a defective vehicle component contributed to the accident, the manufacturer may be held accountable.

Compensation Available

Compensation in highway accident cases may cover:

• Medical expenses (both current and future)
• Rehabilitation and therapy
• Lost wages and earning capacity
• Pain and suffering
• Property damage

Who Is to Blame for Highway Accidents? A Closer Look at Liability

Highway accidents can happen for a variety of reasons:

• The other driver was drunk. The liable driver may have been under the influence of alcohol. This is a common occurrence, as 29 deaths occur every day involving alcohol-impaired motorists.
• The other driver was speeding. Speeding is one of the leading causes of auto accidents and can lead to serious injuries on a major highway.
• The other driver was distracted. Distracted driving is the leading cause of all car accidents. More and more, drivers are becoming distracted and losing focus on the road, whether due to texting, eating, applying makeup, or browsing the internet on their phone. It takes just a moment of inattention for disaster to strike.
• The other driver was reckless. Driving well over the speed limit, changing lanes too quickly, and driving aggressively are examples of reckless driving.
• Weather conditions were poor. It’s not always another driver who is to blame — sometimes poor weather conditions such as rain and snow can lead to collisions or one-vehicle accidents.

The central question following any car accident is: Who’s to blame? In many states, auto insurance is fault-based, meaning if an accident happens, the at-fault driver’s insurance company will help pay the victim’s medical expenses, lost wages, repairs, and other costs. Other states are no-fault insurance states, in which drivers must carry personal injury protection. 

Generally, fault is determined based on the state’s definition of negligence.

• Comparative Negligence: Some states use comparative negligence, or the percentage of fault one driver has, compared with the other. In these states, you can recover compensation even if you’re partially responsible.
• Modified Comparative Negligence: In some states, you can recover compensation only if you’re less than 50% at fault for the crash.
• Contributory Negligence: Contributory negligence is an all-or-nothing form of determining fault. If, for example, you were 20% at fault, you won’t be compensated.

Morgan & Morgan Can Help

At Morgan & Morgan, we understand the complexities of highway accident cases. Our experienced attorneys are dedicated to fighting for the rights of victims and ensuring they receive the compensation they deserve. With a proven track record and a commitment to justice, we are here to guide you every step of the way.

Highway accidents are a sobering reality of modern transportation. While preventive measures can reduce risks, accidents will inevitably occur due to the unpredictable nature of driving. For victims and their families, the road to recovery can be long and challenging, but legal recourse provides a path toward justice and compensation.

Morgan & Morgan stands ready to assist those affected by highway accidents. With our expertise and unwavering dedication, we ensure that victims are not alone in their journey. If you or a loved one has been involved in a highway accident, contact us today for a free case evaluation.