Determining fault in a car accident can involve evaluating evidence, local traffic laws, and statements from those involved. Having an attorney work with you is the best way to investigate and discover who is responsible for causing the accident. You should never take accountability for an accident that you did not cause. Contact an experienced car accident lawyer today to learn more about what you deserve after being injured in a car accident.
Here is a general guide to assess the fault:
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Seek Legal Advice
You should seek legal advice after a car accident. If a fault is contested or unclear, a lawyer can help interpret the evidence, negotiate with insurance companies, or represent you in court. The following are specific ways an attorney can support you after a car accident.
Common Scenarios of Fault
Certain circumstances often dispute the fault. A car accident attorney can determine who is at fault and protect your legal rights, no matter how the accident happens. The fault is not always clear-cut and may require careful analysis. Here are some common scenarios in which disputing faults can occur.
Lane Changes
Accidents that happen because the driver made a bad lane change can have disputes regarding the fault. The driver who failed to check blind spots or signals may be at fault.
Running a Stop Sign or Red Light
All drivers must follow all the traffic laws, or they might be found liable for causing the accident. Failure to obey these laws puts everyone on the road at risk. In cases of running a stop light or a red light, the fault lies with the driver who failed to stop.
Left-Turn Accidents
Many accidents happen when drivers make a left turn. The turning driver is at fault unless the other driver was speeding or ran a red light. An attorney can sort out these details through a thorough investigation.
Rear-End Collisions
Fault is not usually an issue when it comes to rear-end accidents, but there are circumstances where there might be a dispute. However, the accident is usually the rear driver’s fault for following too closely.
Gather Evidence
You will need to gather sufficient evidence to help prove your case. You can help build your case by taking pictures of the accident scene, vehicle damage, skid marks, traffic signals, and road conditions. An attorney can gather witness statements for you. They can speak to bystanders or other drivers who saw the accident. If law enforcement is involved, their report may assign fault based on their observations and the statements provided.
Review The Accident Dynamics
Reviewing the accident dynamics can be helpful when determining fault after a car accident. Start at the point of impact. The damaged location on vehicles can indicate who struck whom and how. Determining the speed at which the vehicles were traveling can help determine fault. Assess if the driver disregarded speed limits or safe following distances. Finally, note external factors like weather, poor visibility, or obstructions.
Consult Your Insurance Company
The terms of your insurance company might require that you report the accident to your car insurance company immediately after the accident. While time might be of the essence for contacting your car insurance company, it is still wise to speak to an attorney to learn how to protect your rights after a crash.
Share the evidence you collect with the insurance company and let their adjuster evaluate the case. They might consult professionals, including accident reconstruction specialists.
Remember, insurance companies, even yours, are for-profit businesses. That means they want to protect their bottom line, even at your expense. Consult an attorney to learn more about your legal rights when working with an insurance company.
Understand the Rules of the Road
A driver might be liable for causing the accident if they disobeyed traffic laws. During your investigation, check if anyone violated stop signs, red lights, or yield signs. Determine if a driver failed to yield where required (i.e., at intersections, merging lanes, etc.). The rear driver is often at fault unless the lead driver acted negligently (i.e., slamming brakes without reason).
Car Accident Statistics
Injuries and deaths from car accident injuries remain a public health crisis across the United States. These are the facts according to statistics published by the National Highway Traffic Safety Commission:
As compared between the last two years, the number of the following types of accidents that fall into these categories decreased:
- 12 percent decrease in out-of-state travel accidents
- 4 percent decrease in accidents that happened at night
- 4 percent decrease in accidents that happened over the weekend
- 6 percent decrease in speeding-related crashes
- 6 percent decrease in the number of passenger vehicle rollover crashes
- 9 percent decrease in the number of crashes that involved an ejected passenger
- 8 percent decrease in the number of accidents that happened at urban intersections
- 7 percent decrease in the number of passengers who suffered an injury in car accidents
Common Injuries After a Car Accident
Car accidents can cause various injuries, varying from minor to severe. Below are the most common types of injuries:
Neck and Back Injuries
Neck and back injuries are common after car accidents. Injuries like herniated discs, whiplash, spinal cord injuries, or sprains and strains can all require expensive long-term care.
Head and Brain Injuries
Head and brain injuries can have permanent effects on the victim. The severity of the injury can range from concussions, contusions, hematomas, and skull fractures to traumatic brain injuries. These injuries can significantly impact a person’s quality of life, requiring long-term medical care and rehabilitation.
Chest Injuries
Car accident victims might find themselves suffering from chest injuries, including broken ribs, internal injuries, and bruising after an accident. These injuries can cause severe pain and may lead to complications such as difficulty breathing or damage to internal organs.
Cuts and Lacerations
Broken windows or windshields can cause deep cuts. Abrasions or burns may occur when airbags deploy. Flying debris can lead to superficial or deep wounds.
Extremity Injuries
The impact of side collisions or being trapped can lead to broken bones. Joints, such as shoulders, knees, or hips, may become dislocated during the crash. Damage to muscle, tendons, and ligaments, including sprains, strains, or tears.
Facial Injuries
Facial injuries can include a broken nose, jaw, teeth, or eye injuries. Facial injuries can happen from airbag impact hitting the dashboard or debris or direct trauma to the eyes or face.
Psychological Injuries
There is a risk of an emotional impact of a car accident. Anxiety, flashbacks, or emotional distress following a traumatic crash can stay with the victim for a lifetime. Depression might stem from injuries, loss of function, or life changes caused by the accident. An accident victim might have difficulty coping with the aftermath of the accident.
Other Common Injuries
Other common injuries happen after a car accident, including burns, crush injuries, amputation, or death.
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How Can a Lawyer Help Me After a Car Accident?
Legal representation after a car accident can protect your rights following a crash. An attorney can be valuable after a car accident, especially if the case involves significant injuries, disputed fault, or difficulty dealing with insurance companies. Here is how an attorney can assist:
Investigation and Evidence Gathering
Attorneys can work with accident reconstructionists to establish fault. They gather police reports, medical records, photos, and other vital evidence. Attorneys can locate and depose witnesses whose statements may strengthen your case.
Negotiating With Insurance Companies
Attorneys are skilled in negotiating settlements covering medical bills, property damage, lost income, and pain and suffering. They ensure insurers do not pressure you into accepting less than you deserve after a car accident. If your claim gets rejected, an attorney can challenge the decision.
Filing a Lawsuit
If negotiations fail, an attorney can file a lawsuit on your behalf. They handle all legal procedures, including filing paperwork, meeting deadlines, and representing you in court. This ensures your case is presented effectively and increases your chances of receiving fair compensation.
Proving Damages
Attorneys often work with financial and medical professionals to determine the true cost of your accident, including future expenses. Attorneys can argue for non-economic damages, such as emotional distress and reduced quality of life.
Handling Complex Cases
Some car accident cases can involve serious and complicated legal issues. For example, multi-vehicle accidents can involve shared fault among multiple parties. Attorneys can pursue compensation from other sources, such as your insurance coverage. If your accident involves severe or catastrophic injuries, an attorney can manage the often long-term costs that require substantial compensation.
When Should I Contact An Attorney?
You should contact an attorney immediately after a car accident. If any of the following issues are present in your case, contact a car accident lawyer now:
- When legal deadlines are approaching, like the statute of limitations.
- If you encounter resistance from insurance companies.
- If you are unsure of the settlement’s fairness.
- If there are serious injuries or fatalities.
- When someone disputes the fault.
What Damages Are Available to Claim for Compensation After a Car Accident?
After a car accident, you may qualify for various types of damages, depending on the specifics of your case and applicable laws. These damages typically fall into economic, non-economic, and, in some cases, punitive categories. Here is an overview of the potentially available damages:
Economic Losses
Economic losses are tangible and compensate the victim for quantifiable financial losses caused by the accident, and they can include the following:
Current and Future Medical Expenses
- Hospital stays, surgeries, doctor visits, and medications.
- Physical therapy, rehabilitation, and long-term care.
- Future medical expenses for ongoing treatment.
Current and Future Lost Income
- Victims can receive compensation for income lost while recovering from the accident.
- Car accident victims can also receive compensation for future lost earning capacity if injuries prevent them from returning to their previous jobs or working at all.
Out-of-Pocket Expenses
Victims can receive compensation for accident-related economic losses, such as transportation to medical appointments, rental car costs, or home modifications needed due to injuries.
Non-Economic Damages
Non-economic accident-related losses compensate victims for subjective, non-financial losses that can significantly impact their lives. Examples include:
Loss of Enjoyment of Life
Reduced ability to participate in activities or hobbies you previously enjoyed.
Loss of Consortium
Compensation for the loss of companionship, affection, or intimacy with a spouse or partner due to injuries.
Emotional Distress
Anxiety, depression, post-traumatic stress disorder (PTSD), or other emotional challenges caused by the accident.
Pain and Suffering
Physical pain and discomfort resulting from the accident and injuries.
Punitive Damages
The court awards punitive damages when the at-fault party’s behavior is especially reckless, malicious, or egregious (such as drunk driving). The court awards punitive damages to punish the wrongdoer and deter similar behavior in the future.
What Factors Affect Damages?
Some factors might affect the ability to collect and the damages a victim can access. Some of the factors include the following:
Documentation
Detailed evidence strengthens your claim, like medical records, repair estimates, and witness statements.
Insurance Coverage
The at-fault driver’s insurance limits and your policy’s uninsured or underinsured motorist coverage can impact recovery.
Degree of Fault
Being partially at fault may reduce compensation in states with negligence laws.
Severity of Injuries
Serious injuries typically lead to higher compensation.
How Long Do I Have To Sue After a Car Accident?
Time is of the essence after a car accident. You do not have an unlimited amount of time to file a lawsuit. Every plaintiff must comply with the applicable statute of limitations. The statute of limitations is the deadline for when an accident victim must file a lawsuit. Missing the statute of limitations might dismiss your claim. Working with a car accident lawyer is the best way to ensure you do not miss this and other important deadlines and comply with all procedural rules.
Contact a Car Accident Attorney Today
You deserve legal representation after a car accident. Do not delay. Contact an experienced personal injury attorney today to start getting everything you deserve. Start down the road to full and fair compensation now.