{"id":358035,"date":"2016-04-04T10:46:22","date_gmt":"2016-04-04T15:46:22","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/hirealawyer\/choosing-the-right-lawyer\/motor-vehicle-accident-plaintiff.html"},"modified":"2023-09-18T14:28:00","modified_gmt":"2023-09-18T19:28:00","slug":"motor-vehicle-accident-plaintiff","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/hirealawyer\/choosing-the-right-lawyer\/motor-vehicle-accident-plaintiff.html","title":{"rendered":"How Do Motor Vehicle Accident Laws Impact an Injury Claim?"},"content":{"rendered":"\n
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How Do Motor Vehicle Accident Laws Impact an Injury Claim?<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Motor vehicle accident law covers the traffic rules and state regulations that determine who is responsible when a crash happens. Fault depends on whether a driver violated a traffic law or acted negligently, which directly affects any personal injury claim. Attorneys use these laws to assess liability, deal with insurers, and help injured drivers pursue compensation.<\/div>\n\n <\/div>\n\n\n\n

In a motor vehicle accident, state law determines if you or the other driver violated any regulations. This determines who is at fault in your accident, which affects your personal injury claim.<\/p>\n

Traffic laws are a separate code section from other laws in most states. For instance, in California, the California Code contains all laws and regulations for the state, and the Vehicle Code<\/a> covers everything from registration to penalties.<\/p>\n

A personal injury attorney<\/a> must know both types of law to give you effective legal advice about your car accident and filing a claim. Keep reading to learn how motor vehicle laws impact an injury claim. You’ll also learn how your attorney will help you navigate the legal steps following a car accident.<\/p>\n

Filing a Car Accident Claim<\/h2>\n

If you’ve been in a car crash<\/a>, you may know the procedure: you and the other driver exchange insurance information, file claims with your insurance companies, and then wait for a settlement offer. But how do you know if you’re given a fair settlement? Or what if the other driver caused the accident?<\/p>\n

A car accident attorney<\/a> can answer these questions and provide critical legal advice.<\/p>\n

Determining Fault<\/h3>\n

When the insurance adjuster<\/a> reviews a claim, they try to determine fault. They are looking for which driver’s carelessness or negligence was most responsible for the collision. That person is the at-fault driver. The at-fault driver’s insurance must pay for the damage from the accident. If there is only one person at fault, the case is over. Unfortunately, things are seldom that easy.<\/p>\n

In addition to vehicle codes, states have insurance codes<\/a>. These laws regulate the determination of negligence and apportionment of fault in an accident. The degree of fault determines the percentage received in a settlement.<\/p>\n