Road Accident Lawyers
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What Should I Do If I've Been Injured in a Road Accident?
Road accidents can often lead to some serious injuries. Some common injuries associated with road accidents and automobile collisions may include: head and neck injuries; strained muscles; bruises or abrasions; and bone injuries. In serious cases, immediate medical attention may be needed.
If you’ve been injured in a road accident, you should keep records of any medical receipts, hospital bills, and police traffic reports. These can be used in the even that you need to file a lawsuit. Such evidence can help you obtain a damages award to compensate you for your injuries.
What Types of Legal Claims Are Road Accident Lawsuits Based On?
Road accident lawsuits usually involve some type of unintentional conduct and are based on a negligence theory of law. Under the negligence theory, the person who was negligent breached their duty to the party that was injured. A person is expected to act with reasonable care while driving and should not act in a way that could foreseeably harm others. Negligence requires the following presentation of evidence:
- Proof that the driver owed a duty of care to the other party
- The driver breached this duty of care
- The breach was the actual cause of verifiable damages to the plaintiff
- The plaintiff was injured or suffered damages as a result
What If I Need to File a Lawsuit Due to a Road Accident?
In addition to a damages award to compensate for injuries, you may also be able to recover damages for other losses. These can include:
- Property damage to your vehicle
- Lost wages (for instance, if your injuries caused you to miss work)
- Loss of earning capacity
- Pain and suffering
- Punitive damages (if the defendant’s conduct was intentional or very reckless)
If you’re going to file a road accident lawsuit, you should compile as much evidence as you can in preparation for trial. A practice that is become increasingly common is to photograph your vehicle after a road accident. Because many cell phones now come equipped with cameras, it is relatively easily to snap some photos of your car after an accident.
This can help when it comes to proving physical damage to your vehicle. It can also help to determine who is at fault in some cases (for instance, the positioning of the vehicles after a crash can sometimes indicate which driver was at fault).
What Are Some Common Legal Issues in a Road Accident Lawsuit?
When filing a road accident lawsuit, it helps to be aware of legal issues such as:
- Deadlines: For personal injury claims, you often have a deadline for filing the claim. You shouldn’t wait for too long after the incident before you contact an attorney to help with the filing.
- Interstate laws: When traveling across state lines, different laws may apply, since each state has its own set of traffic laws.
- Criminal laws: In some road accident claims, criminal violations can occur. Examples of this are when drunk driving (DUI) or reckless speeding are a factor in the accident.
For additional assistance with complex legal issues, it may be necessary to hire a legal professional. Also, if there are disputes over the extent of injuries, it may also be necessary to hire a medical expert to provide expert testimony during trial.
How Do I Prove Fault in a Road Accident?
Proving fault in a road accident can be challenging. There are a few situations in which the other driver will always be at fault. These situations include the following:
- Rear-End Collisions - If you've been rear-ended by another driver, it is almost assured that the other driver was at fault. A basic rule of driving is to make sure you have enough room to stop safely.
- Left Turn Accidents - Anytime a car is making a left turn the driver will be liable for a collision with a car going straight in the opposite direction. There are only a few rare exceptions to this rule.
Another way to make sure that you have evidence another driver was at fault during a road accident is installing a dash cam on your vehicle. A dash cam will always be a good way to prove another driver was at fault since there will be video footage of the accident.
What Are the Legal Remedies For Road Traffic Injury Claims?
A road traffic injury can often lead to a personal injury lawsuit. The most successful remedy claims for road traffic accidents are monetary damages awards paid by the defendant to the victim. This may help the victim recover for various expenses and costs caused by the road accident injury, including hospital and medical bills, therapy expenses, and property damage to the car. There are also other related costs may be covered, such as lost wages and pain and suffering injury costs that can be recovered by the plaintiff.
Do I Need a Lawyer for Help with Road Accident Claims?
Road accident claims can involve an interaction of different legal and medical issues. It’s in your best interests to hire a personal injury lawyer if you need assistance filing a road accident lawsuit. Your attorney can help provide the research and legal representation to help you succeed on your claim. A qualified personal injury lawyer can also ensure that your claim is filed in a timely manner and according to court requirements.
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Last Modified: 06-10-2016 02:11 PM PDT
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