Burn Injuries in Car Accidents: Causes and Compensation

Burn Injuries in Car Accidents: Causes and Compensation (Updated May 2025)

While burn injuries in car accidents are relatively rare, they’re devastating when they happen. Victims are left with severe and disfiguring injuries including physical scars and deep emotional wounds.

On top of these struggles, the injured person also has expensive medical bills to manage. Burn trauma is among the most expensive types of injuries to treat in hospital emergency rooms and surgical centers due to the high levels of expertise and resources involved.

A risk management study found that the average cost of treating severe burn injuries is about $200,000, but can quickly skyrocket to $1 million in especially severe cases. Burn patients often need procedures like skin grafts, scar treatment, and plastic surgery, plus physical rehabilitation sessions to restore mobility.

If you were burned in a car accident due to someone else’s negligence, you’d want answers. Will they pay for your costs? How will you fully recover? Below, we’ll provide some information about surviving car accident burn injuries and taking legal action against the person who hurt you.

How Do Burns Happen in Car Accidents?

In the U.S., there are about 486,000 burns every year and of those, about 5% happen on our nation’s streets and highways. While that might not sound like a lot, it represents thousands of innocent people who were simply traveling in their vehicles and suddenly encountered the horror of being burned alive.

Survival could be called a miracle in an accident like this. After the flames are finally out, fire investigators conduct extensive investigations into the root causes of road fires. The answers aren’t always reassuring.

The U.S. Fire Administration estimates that there are about 170,000 vehicle fires each year. Many of these involve only one car and can be attributed to things like lit cigarettes and electrical fires. In a surprising 23% of all on-the-road vehicle burns, no cause is ever determined.

Among all causes, fuel tank ignition is the #1 reason for fires and explosions after car accidents. Other top causes include electrical system failures, spilled fluids, hazardous materials, exploding batteries, and vehicle design flaws.

Common Types of Car Accident Burn Injuries

Auto accident burns come in many forms. You can be burned just on the outside of your body, inside your respiratory system, throughout your skin and organs, or a dangerous combination of all of these. It’s common to have more than one of the burn types listed below.

Burn injuries from car crashes include:

• Scalds
• Flash burns
• Chemical burns
• Electrical burns
• Friction burns
• Thermal burns
• Smoke inhalation

Burns are divided into three classes in order of their severity.

1. First-degree burns impact only the outer layer of skin and are often called superficial burns.
2. Second-degree burns, or partial-thickness burns, penetrate beyond the outer layer of the skin.
3. Third-degree burns, or full-thickness burns, penetrate deep into the skin and can involve extensive damage to muscles, organs, and more.

Crucial Steps After Suffering a Burn Injury in a California Car Accident

If you’ve been involved in a fiery car accident or sustained any type of burn:

1. Prioritize Safety: If possible and safe, distance yourself from the burning vehicle or source of heat.
2. Seek Immediate Emergency Medical Attention: Call 911 or go to the nearest emergency room without delay. Burn injuries, including smoke inhalation, can be far more severe than they initially appear and can worsen rapidly without specialized treatment. Prompt medical care is vital for minimizing long-term damage and for documenting your injuries.
3. Document Everything: Once able, or with the help of family, try to preserve evidence. Take photos of your injuries, the accident scene (if possible), and keep detailed records of all medical treatments, expenses, and communications.
4. Report the Accident: Ensure an official accident report is filed with the police.
5. Consult a Specialized Burn Injury Attorney: Before speaking extensively with insurance adjusters, contact a lawyer experienced in California car accident and burn injury cases.

Securing Compensation for Your Car Accident Burn Injuries in California

If another party’s negligence caused the car accident that resulted in your burn injuries, you have the right to pursue compensation for your extensive damages. At Sally Morin Personal Injury Lawyers, we fight to recover compensation for:

• All Medical Expenses: Including emergency treatment, hospital stays, surgeries (skin grafts, reconstructive), medication, assistive devices, and ongoing therapies (physical, occupational, psychological).
• Future Medical Care: Burn injuries often require long-term or lifelong treatment and management.
• Lost Wages: For the time you’re unable to work during your recovery.
• Loss of Earning Capacity: If your burn injuries permanently affect your ability to earn a living at your previous capacity.
• Pain and Suffering: Compensation for the immense physical pain, discomfort, and suffering you’ve endured.
• Emotional Distress & Mental Anguish: For psychological trauma such as PTSD, anxiety, depression, and body image issues resulting from scarring and disfigurement.
• Scarring and Disfigurement: Specific compensation for the permanent physical changes and their impact on your life.
• Loss of Consortium/Companionship: For the impact on your relationship with your spouse.
• Property Damage: For your vehicle and any personal belongings lost in the accident.

Statute of Limitations

In California, you generally have two years from the date of the injury to file a personal injury lawsuit. For burn injuries, it’s crucial to act promptly to preserve your rights. Missing this deadline means you could lose your ability to recover any compensation.

Proving Fault and Liability in California Car Accident Burn Cases

Establishing who is legally responsible (liable) for your burn injuries is a critical step in securing compensation. This often involves a thorough investigation to prove negligence. In car accident burn cases, liability can stem from:

• Negligent Drivers: If another driver caused the collision through speeding, distracted driving, DUI, or other reckless actions that led to a fire.
• Defective Vehicle Parts: A manufacturing defect in a vehicle’s fuel system, electrical wiring, or battery could make it prone to catching fire. In such cases, the vehicle manufacturer or parts supplier could be liable. Our attorneys can investigate potential product liability claims.
• Improper Vehicle Maintenance: If a commercial vehicle or improperly maintained private vehicle catches fire due to negligent upkeep, the owner or maintenance company could be responsible.
• Negligent Third Parties: Sometimes, actions by entities other than drivers (e.g., unsafe road conditions contributing to an accident and fire) can lead to liability.

Our legal team meticulously investigates the circumstances of the accident and fire, often working with accident reconstructionists and fire cause-and-origin experts to pinpoint all responsible parties.

Frequently Asked Questions (FAQs) about Car Accident Burn Injury Claims in California

Q1: How much is my California car accident burn injury claim worth?
A: The value of a burn injury claim varies greatly depending on factors like the severity of the burns, the extent of medical treatment required (including future care), lost income, the impact on your quality of life, and the degree of pain and suffering. There’s no average amount, as each case is unique. An experienced attorney can evaluate your specific circumstances to estimate a potential range.

Q2: What if I don’t remember the car accident due to my injuries?
A: It’s not uncommon for victims of traumatic accidents, especially those involving head injuries or severe shock alongside burns, to have memory gaps. This does not necessarily prevent you from filing a claim. Your attorney can use other evidence like police reports, witness statements, accident reconstruction analysis, and physical evidence to build your case.

Q3: Can I still get compensation if I was partially at fault for the car accident that caused my burns?
A: Yes, California follows a “pure comparative negligence” rule. This means you can still recover damages even if you were partially at fault, but your compensation will be reduced by your percentage of fault. For example, if you are found 10% at fault, your total compensation award would be reduced by 10%.

Q4: Will I have to go to court for my burn injury claim?
A: Many personal injury claims, including burn injury cases, are settled out of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, your attorney must be prepared to take your case to trial to fight for the compensation you deserve. Sally Morin Personal Injury Lawyers prepare every case as if it will go to trial.

We Handle Your Accident Claim So You Can Focus On Your Life

After your accident, contact the attorney team at Sally Morin Personal Injury Lawyers. We handle many areas of personal injury law, including burn injuries from car accidents. We believe you should be able to focus on recovering from your accident while we handle the legal details. Call 877-380-8852 today for a free case evaluation.