National
Traffic, Accident, and Injury Law
A crash and the claim that follows both run on real law, not guesswork. That law splits into four groups: the road rules, fault, recovery, and defenses. Search for a term below, or browse each group.
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Traffic Laws
The rules of the road a crash gets measured against.
- Autonomous vehicle and driver-assist liability Autonomous vehicle liability decides who is responsible for a crash caused by self-driving technology.
Also under Accident & Liability Laws
- Bicycle laws Bicycle laws set where a cyclist may ride and who has the right-of-way.
- Commercial vehicle and trucking laws Commercial vehicle and trucking laws set federal safety rules for truck drivers.
- Distracted driving Distracted driving is driving while a phone or other activity takes attention off the road.
- Dram shop and social-host liability Dram shop laws often hold a bar responsible when overserving a customer leads to a crash.
- E-scooter and micromobility laws E-scooter laws set where a rider may operate a scooter and what rules apply.
- Following distance Following distance is the space a driver must leave behind the car ahead.
- Hit-and-run and duty to remain Duty to remain requires a driver in a crash to stop and help.
- Impaired driving Impaired driving is driving while alcohol or drugs affect a driver's ability to drive safely.
- Lane laws Lane laws govern lane changes, passing, and use of special lanes like HOV lanes.
- Motorcycle laws Motorcycle laws cover rules unique to riding, like helmet use and lane position.
- Pedestrian laws Pedestrian laws set who has the right-of-way in a crosswalk.
- Reckless and aggressive driving Reckless and aggressive driving means driving with willful disregard for others' safety.
- Right-of-way Right-of-way is the rule for who must go first at an intersection, turn, or merge.
- Seatbelt and child-restraint laws Nearly every state requires seatbelts for front-seat adults, but New Hampshire has no seatbelt law for adults.
Also under Injury & Recovery Laws
- Signal and stopping laws Signal and stopping laws require drivers to obey red lights and stop signs.
- Speed laws Speed laws set the legal speed limit, and can bar driving too fast for conditions.
Accident & Liability Laws
How fault becomes a claim, and who can be held responsible once someone is hurt.
- Comparative negligence Comparative negligence reduces an injured person's compensation by their own share of fault.
Also under Injury & Recovery Laws
- Contributory negligence Contributory negligence is a strict rule barring recovery if the injured person was even slightly at fault.
Also under Defenses
- Damages Damages are the money awarded to compensate an injured person for their losses.
Also under Injury & Recovery Laws
- Damages caps Damages caps are laws that limit how much money an injured person can recover.
Also under Injury & Recovery Laws
- Discovery rule The discovery rule delays the filing deadline until an injured person knew, or should have known, about the injury.
- Dog bite and animal liability Dog bite laws set when an owner is responsible for injuries their animal causes.
- Governmental immunity and notice of claim Notice of claim is a short deadline to formally notify a government agency before suing it.
Also under Defenses
- Joint-and-several vs. several liability Joint-and-several vs. several liability describes whether one defendant can be forced to pay another's unpaid share of a judgment.
- Negligence Negligence is the failure to use reasonable care that harms another person.
- Negligence per se In many states, breaking a safety law counts as proof of negligence. In others, it's only evidence of negligence.
Also under Traffic Laws
- Negligent entrustment, hiring, and supervision Negligent entrustment, hiring, and supervision hold a company responsible for putting an unfit person on the road or the job.
- Premises liability Premises liability holds a property owner responsible for injuries from an unsafe condition.
- Product liability Product liability holds a maker or seller responsible for injuries from a defective product.
- Res ipsa loquitur Res ipsa loquitur lets a court infer negligence from an accident's nature alone.
- Spoliation of evidence Spoliation of evidence is destroying or losing evidence a party should have kept.
- Statute of limitations A statute of limitations is the deadline for filing a lawsuit after a crash.
Also under Defenses
- Statute of repose A statute of repose sets a firm filing deadline tied to an event, not to discovery.
- Survival action A survival action lets a deceased person's estate pursue the claim they could have brought.
- Vicarious liability Vicarious liability holds an employer responsible for harm an employee causes on the job.
- Wrongful death A wrongful death claim lets family survivors sue over a death caused by another's wrongful act.
Injury & Recovery Laws
The rules for how an injured person actually recovers, from insurance minimums to settlement approval.
- At-fault vs. no-fault insurance At-fault and no-fault describe two systems for who pays medical bills after a crash.
- Bad-faith insurance Bad-faith insurance is an insurer's failure to deal fairly with a policyholder's claim.
- Collateral-source rule The collateral-source rule says damages usually are not reduced just because another source, like health insurance, already paid some bills.
- Damages liens and subrogation A lien lets a health insurer or Medicare recover money it paid from a settlement.
- Loss of consortium Loss of consortium compensates a spouse for the companionship and support an injury took away.
- Medical malpractice Medical malpractice is a provider's failure to meet the accepted standard of care.
- Minimum liability limits Minimum liability limits are the least insurance a state requires every driver to carry.
Also under Traffic Laws
- Minor tolling In most states, the filing clock pauses while the injured person is a child.
- Minor's compromise and court approval of settlement A minor's compromise is the court approval needed before settling a child's injury claim.
- Negligent infliction of emotional distress and bystander recovery Bystander recovery lets someone who witnessed a loved one's serious injury sue for their own emotional harm.
- Offer of judgment and fee-shifting An offer of judgment is a formal offer that can shift legal costs onto a side that refuses it unfairly.
- Pre-existing condition and the eggshell-plaintiff rule The eggshell-plaintiff rule holds a person liable for the full harm caused, even to an unusually vulnerable person.
- Prejudgment interest Prejudgment interest is extra money added to a judgment to account for the time before it was paid.
- Structured settlements A structured settlement pays a settlement out over time instead of all at once.
- Uninsured and underinsured motorist coverage Uninsured motorist coverage pays an injured person when the at-fault driver has no insurance.
- Workers' compensation exclusivity Workers' comp exclusivity means an injured worker usually cannot sue their employer directly.
Also under Defenses
Defenses
The arguments a defendant can raise to reduce or defeat a claim.
- Assumption of risk Assumption of risk is a defense claiming an injured person knowingly accepted a known danger.
Also under Accident & Liability Laws
- Assumption of risk vs. comparative fault interaction This describes whether assumption of risk fully blocks a claim or only lowers it.
Also under Accident & Liability Laws
- Failure to mitigate and the seatbelt defense The seatbelt defense argues an injured person's compensation should shrink for not buckling up.
Also under Injury & Recovery Laws
- Last-clear-chance doctrine The last-clear-chance doctrine lets an at-fault person still recover if the defendant had the final chance to avoid harm.
Also under Accident & Liability Laws
- Non-party-at-fault apportionment Non-party-at-fault apportionment lets a defendant point to a non-party's fault to reduce their own share of blame.
Also under Accident & Liability Laws
- Sudden-emergency doctrine The sudden-emergency doctrine excuses a driver's split-second reaction to a real emergency.
Also under Accident & Liability Laws
This page explains general legal concepts. It's not legal advice for your situation. Reading it doesn't create a relationship with any attorney or law firm. For advice about a specific case, talk to a licensed attorney in your state.