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Motor vehicle accidents are one of the leading causes of accidental death in the United States. While accidental deaths are the third-ranked cause of death in the United States, according to the Centers for Disease Control and Prevention (CDC), motor vehicle accidents were a significant contributor to those deaths.
Additionally, the National Safety Council (NSC) estimated that more than 46,000 victims were killed in car crashes across America in 2022. Despite the many advances in car safety features, such as backup and side view cameras, lane drift warnings, and emergency automatic braking, it is concerning that more progress has not been made regarding addressing car accident-related fatalities. Understanding the future of motor vehicle safety in America can be helpful in understanding its history.
When Was The First Car Accident?
The first reported fatal car accident occurred more than 150 years ago in Ireland. City Lab reports that the fateful accident started with a summer holiday. Mary Ward, an intrepid scientist who defied gender norms in Victorian Europe, was also raising eight children, more or less, on her own.
She had published three scientific books during her career, despite being pregnant eleven times in thirteen years. It is highly understandable that she was ready for a rest in the summer of 1869. She, therefore, accepted the offer of a “badly needed holiday” at her cousin’s castle west of Dublin.
The cousin had a homemade automobile, a real novelty at the time.
Cars were still “big toys” and had not yet reached the mainstream market. They were large, clunky, and dangerous. This particular toy was powered by steam. It had three iron wheels: a small one in front and two large ones in the back. This design would have left a driver with little control and an uneven center of gravity. The iron wheels would have been difficult to navigate over bumpy Victorian roads, especially without the benefit of rubber tires. Tragedy was almost inevitable.
Even in modern times, motor vehicle accidents can be devastating, involving serious injuries, liability disputes, and financial loss. Car accident lawyers play a crucial role in these situations, helping victims and families navigate complex claims and advocating for their legal rights. This reality casts a sobering perspective on Ward’s fatal accident, showing that the challenges of vehicle-related injuries are not new; they have existed since the very first cars hit the road.
It’s not entirely clear what happened to cause the accident on August 31, 1869. It is possible that the car hit a pothole or a rock. Any slight disturbance could have upset the contraption’s delicate center of gravity. However it occurred, Mary Ward was thrown from the vehicle. She hit the road. One of the large iron wheels ran her over. A local doctor reportedly arrived within two minutes, but it was already too late.
The wheel had broken Ward’s neck and jaw. She was bleeding from her ears (which the doctor thought to be evidence of a skull fracture). Within a minute of the doctor’s arrival, she was dead. These days, such accidents underscore the importance of consulting car accident attorneys when liability or injuries are involved, even in cases that seem straightforward.
Ward had an impressive output of scientific work before her untimely death. She managed to have a notable scientific career while managing eight children, two miscarriages, one stillbirth, a husband, and a home. This all occurred during the conservative Victorian era, when women were often assumed to be inadequate for working outside the home, especially in scientific fields.
A decade after Ward’s death, her husband unexpectedly inherited his brother’s title and property. The family was suddenly flush with money and servants to care for the children. Who knows what Ward’s scientific career could have become with this assistance in her home life?
While Mary Ward’s story is tragic, it highlights how devastating car accidents can be, both then and now. Today, lawyers for car accidents help families navigate the aftermath of serious collisions, advocating for victims and guiding them through the complex legal process that follows such unexpected events.
The First Deadly Pedestrian Accident Involving A Motor Vehicle
So, who was the first person killed in a car accident? According to the Washington Post, the first pedestrian fatality in a car crash occurred on August 17, 1896. Bridget Driscoll was a forty-four-year-old mother and wife of a laborer. She was walking past the Crystal Palace in London to attend a temperance meeting. Unfortunately, at the same time, the Anglo-French motor carriage company was demonstrating the performance of three cars nearby. These early prototypes had a top speed of only eight miles per hour. Several accounts at the time claimed that operators had limited this to four miles per hour for the demonstration.
As Driscoll and her daughter walked across Hyde Park, driver Arthur Edsall drove toward them with two passengers aboard. Driscoll’s daughter would later testify that Edsall didn’t seem to know what he was doing before the crash. He weaved towards them. He shouted to stand back. However, he was unable to prevent the car from hitting Driscoll, who was struck down with a fatal head injury. Newspapers reportedly covered the incident without causing hysteria or public outrage. Nonetheless, the incident was so unusual and the technology so novel that it sparked a full inquest in the Coroner’s Court.
The Washington Post compares this reaction to the death of Elaine Herzberg. Herzberg was a bicyclist who was struck and killed by a self-driving Uber in Tempe, Arizona, in March 2018. Uber immediately suspended its autonomous vehicle testing program to prevent public outrage. News coverage of the incident was not overly sensationalistic, and as with Driscoll so many years before, the focus of the inquiry seemed to be on the novel technology.
Pedestrian fatalities remain a serious concern, with hundreds of deaths occurring in California each year, highlighting the importance of legal support. Accident lawyers assist victims and their families in handling the legal and insurance challenges that arise after such collisions.
The Dawn Of Auto Insurance
There is some debate over who has the distinction of being the first American to purchase motor vehicle insurance coverage. Ohio History Central claims the prize for Dayton resident Gilbert J. Loomis. Loomis was said to have bought a policy in 1897 that offered coverage in the event that his car killed or injured someone or damaged their property.
This was the basis of the liability coverage that we purchase these days. Meanwhile, another source suggested that one of the first auto insurance policies was purchased by Dr. Truman J. Martin of Buffalo, New York, in 1898. The policy reportedly cost him $12.25 for $5000 worth of liability coverage.
In 1925, Massachusetts became the first state to require proof of insurance before a vehicle could be registered for operation. In fact, Massachusetts was the only state to require proof of insurance for over thirty years. According to autoinsurance.org, Connecticut also passed a law in 1925 requiring proof of financial responsibility for accident damages, but this only applied after the driver had been involved in their first accident. It wasn’t until 1956 that New York also passed a law requiring all drivers to carry liability insurance. North Carolina passed a similar law in 1957, and many other states soon followed. Here in California, auto insurance became mandatory with a 1974 law that required drivers to provide proof of insurance upon being stopped by a law enforcement officer. The California Supreme Court subsequently challenged and upheld this law in 1987.
Today, only one state does not require drivers to purchase liability insurance: New Hampshire. However, even New Hampshire drivers could find themselves in trouble if they drive in other states without insurance. This depends on how state statutes are written. For example, Section 16028 of the California Vehicle Code requires any person driving a vehicle upon a highway to provide proof of insurance upon demand by a peace officer or traffic collision investigator.
In accidents where liability or damages are disputed, a collision lawyer can help drivers understand their rights, gather evidence to support the claim, and manage negotiations with insurers. It does not matter whether your vehicle is registered in New Hampshire or California. Many other states have similar laws that apply to anyone driving on the public roads of that state.
Car Accident Claims Today
The auto insurance industry has become highly regulated thanks to state and federal laws. These laws are designed to protect consumers, and with good reason: victims who are injured or have had their property damaged as a result of a car accident may be able to file a claim for their damages. Car insurance claims in the United States represented tens of billions of dollars in 2017.
With numerous claims and regulations, insurance companies have developed a complex infrastructure to process claims efficiently. This efficiency enables insurance carriers to handle claims quickly and effectively control costs. However, these processes may not often prioritize the interests of accident victims.
Claims adjusters are often trained to calculate pain and suffering based on a simple formula. This formula multiplies victims’ medical bills by a specific number that is based on the severity of their injuries. This method does not often account for each victim’s individual suffering. Some may be unable to tolerate pain medications due to pregnancy or other medical conditions.
Some may have jobs that are more directly impacted by auto accident injuries. For example, a concert pianist whose hands are broken in a car crash. They may likely lose more earnings than an accountant who is able to go back to work with assistance. They may also miss out on important career opportunities while they are unable to play.
These losses cannot be measured by a hard estimate of hourly wage times the number of hours missed. An experienced car accident claims lawyer can help assess and document the full extent of the damage resulting from a crash, gather evidence, and communicate with insurance companies.
By understanding which details matter and how to present them persuasively, a car accident lawyer can help victims pursue compensation for the losses that standard calculations might overlook. A person can suffer many different losses as a result of a car accident. Some, like medical bills or hourly wages, are easy to calculate. Some, like lost career opportunities, are not easy to place a value upon.
Other losses are completely intangible but no less real. Imagine an injury victim who is confined to a wheelchair and may not be able to return to work. It is not easy to value these losses, but they can have a significant impact on a victim’s life.
The law requires negligent drivers to compensate individuals who sustained injuries and losses as a result of their careless actions, even those that are not easily valued. An experienced California car crash lawyer can investigate the case and identify potentially liable parties. They can assess the damages and determine the potential value of a claim.
Experienced injury attorneys can help address the challenges that may arise in the process and assist victims in pursuing compensation from an insurance company or a jury. They gather evidence to present well-supported arguments during the negotiations and, if necessary, the litigation process. They will also advocate for your legal rights and represent your interests after a car crash.
Consult With A California Car Accident Attorney About Your Case
As you can see, modern car accident claims have evolved significantly since the first fatal accidents involving motor vehicles. State laws and federal insurance regulations have created a system to help accident victims address issues that may arise during the claims process, such as low settlement offers, disputes over liability, and denial of claims.
If you or a loved one is injured in a car crash, contact Arash Law at (888) 488-1391 or complete our “Do I Have A Case?” form here. Our experienced California auto accident lawyers will work to help you file a claim for your losses after a crash.
We have helped victims pursue compensation for their injuries in a wide range of personal injury cases. We can handle the communication and negotiation with the insurers, advocating for your rights throughout the process. A vehicle accident lawyer will represent your interests before the at-fault party, their insurers, and, if needed, the jury. We provide comprehensive legal representation, allowing you to focus on your health and well-being.
