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Free Consultations
No Fee Unless We Win

Gridley Ward & Hamilton - Logo

Serving Northern Utah for Over 45 Years

A Tradition of Success

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Available 24 Hours

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The Difference Between Personal Injury and Auto Accident Law

January 12, 2024

No matter how an injury might happen when another party's negligence causes it, personal injury law firms can help accident survivors hold liable parties accountable for damages. You might think personal injury law is the same for auto accidents and other types of personal injury, but that's incorrect. There are very significant differences between auto accident law and personal injury law in every state. Let's examine those differences more closely below.


Auto Accidents Cause Bodily Injuries

You might notice your auto insurance policy refers to property damage and bodily injury coverage. Those are the most basic types of liability insurance that you can buy for a vehicle so you can legally drive it on public roads. Bodily injury specifically refers to injuries caused by a vehicular accident while a personal injury occurs in almost any other way in the eyes of the law. The newer the driver, the more likely an injury accident will occur. In fact, according to the CDC, the accident rate for each mile driven is 1.5 times higher for 16-year-olds than it is for drivers who are 18 or 19 years old.


No-Fault Applies to Auto Accidents

Several states have what is commonly referred to as no-fault auto insurance; it automatically pays for medical costs and most of the lost wages when one's injured in a car accident. Instead of holding another party fully liable for your damages, you file a personal injury protection (PIP) insurance claim that pays up to policy limits for your injuries and related costs. The no-fault coverage is designed to minimize the potential for lawsuits while ensuring people can get the medical help they need and have the best chance of paying their bills without having to file for bankruptcy.


Fault Determines Liability for Bodily Injuries

In states where PIP coverage isn't required, fault determines who's liable for costs created by bodily injuries from auto accidents. Most personal injury law firms help clients file strongly supported insurance claims by gathering and compiling evidence that helps show who's liable for causing an accident. Unfortunately, determining fault for bodily injuries isn't always a simple matter. A truly negligent driver might deny causing the accident to prevent being found liable and possibly ticketed or otherwise punished. It takes evidence; this might include having an attorney depose one or more witnesses and gathering other evidence that proves which party might have caused the accident.


Personal Injuries Happen on Other People's Properties

A personal injury refers to an injury accident that didn't involve an auto accident. It might happen while slipping, tripping, or falling due to a dangerous condition while visiting a property owned and operated by someone else. It might happen while you are on a boat owned by someone else. The personal injury might be work-related and subject to worker's compensation law. It could happen anywhere while you're away from home. Personal injury law firms help such victims hold liable parties accountable for their injuries and related damages.


Personal Injury Liability Isn't Automatic

Slipping, tripping, or falling due to a dangerous condition does cause a lot of personal injury claims, but it doesn't automatically mean the injured person wins the case. When the people who control the property take reasonable steps to make it safe, there's no liability for personal injury law firms to pursue. For example, a grocery store might have its workers check floor and shelf conditions once an hour to identify potential dangers, such as a broken jar of pickles, and clean it up. When such reasonable steps are taken to protect visitors, there's no liability for any injuries that might occur because reasonable steps are taken to protect visitors.


Comparative Liability Might Apply

Many states have comparative liability laws that affect potential liability for bodily injuries or personal injuries. For example, someone who exceeds the speed limit or drives while under the influence of drugs or alcohol but is hit by another vehicle could be at least partly liable for causing the accident. Personal injury law firms can help accident victims understand how comparative liability might affect their case, which could reduce or negate another party's liability.


If you're been injured at no fault of your own, turn to our team at Gridley, Ward & Hamilton. As one of the top personal injury law firms, our experienced attorneys are available to fight for you!

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