Car accidents can occur for a variety of reasons. Some examples might be:
- Driving while distracted (i.e., texting while driving, etc.)
- Driving while intoxicated
- Poor weather and road conditions
- Mechanical failure of a vehicle or a vehicle component
- Violation of traffic laws
- Unexpected circumstances (such as a falling boulder, etc.)
Depending on the circumstances of the accident, either side could be held accountable for damages or injuries. Proving fault in a car accident claim can be complex and may necessitate the services of a legal practitioner.
Identifying Fault in Automobile Accidents
When a person is engaged in a car accident, showing that the reason was someone else’s fault is crucial.
The person at fault’s motor insurance company is responsible for fixing all the damage and providing medical care to anyone hurt. In some situations, to receive enough compensation, the individual who was not at fault must initiate a civil lawsuit for negligence against the person whose carelessness caused the accident.
It is insufficient for a person to state that they understand it was not their responsibility. A person must provide reliable evidence, such as dash cam footage and witnesses, indicating someone else was negligent and that this negligence caused the collision.
What Should I Do After an Accident?
Following a car accident, there are several specific procedures that an individual should take to safeguard oneself. First, they must remain at the scene of the accident, regardless of whether the individual or another driver caused the collision.
If a person fails to remain at the site of an accident, they may face hit-and-run charges. A hit and run is a felony committed when a driver is involved in a car collision and fails to stop and submit the following information:
- Their name;
- Their driver’s license number;
- The name of their insurance provider;
- The number of their insurance policy;
- The number of their license plate; and
- Any other information that their state requires.
This information must be given to anybody involved in the accident, law enforcement personnel, and witnesses. There are additional actions that an individual should follow.
An ambulance should immediately be called if someone appears injured or needs medical assistance. If permitted and possible, drivers should transfer their vehicles to a safe location off the road, put them in park, turn off the engine, and turn on the hazard lights. Individuals with warning flares, triangles, or cones should also utilize them.
A person must alert police enforcement before calling their insurance provider. When law enforcement arrives, the individual should provide an accurate description of the accident, even if it is small, because their insurance company will most likely seek a copy of the police report.
After completing these steps, the individual can contact their insurance provider to file a claim. The individual must provide their insurance company with the correct information and any information they have about other drivers and witnesses involved.
It is crucial to emphasize that even if the accident is small, an individual should take these actions because the other vehicle or drivers involved may seek to blame the individual for the accident by reporting it to their own insurance carrier. If a person tells their insurance provider and files a claim, it can help them later determine who was responsible.
Individuals may also need to gather additional information to be prepared for any disputes or legal claims that may arise due to the accident. This information may include the following:
- Vehicle specifications such as make, model, and color;
- Eyewitness names and contact information if any witnesses were present;
- The accident’s location;
- The names and badge numbers of the cops who responded; and
- Photographs of the accident scene and the vehicles involved
What Are the Car Accident Claims Damages? Are There Any Defenses?
A person may feel compelled to apologize or assign responsibility after an automobile accident. However, it is critical to remain as polite as possible while avoiding accusatory, severe, or fault-related remarks.
The individual must avoid admitting fault. This is because even a simple “I’m sorry” may be seen as an admission of wrongdoing in many areas.Furthermore, stating that they feel good without having a full medical assessment of their physical state following the event may influence their capacity to claim monetary damages for their injuries later. In some situations, a vehicle accident may result in a civil lawsuit for damages.
The party who caused the accident may be held liable for compensating an injured victim for their damages. Damages may be granted to compensate a victim for:
- Costs related to any injuries, including hospital or therapy fees;
- Costs associated with damage to a car or other property;
- Lost wages or earning capacity;
- Emotional anguish or pain and suffering, if proven; or
- Criminal sanctions (imposed in cases involving drunk driving and other forms of criminal carelessness)
A motorist may be freed from culpability in some situations if a legal defense applies to their position. A lawyer is the best person to identify what, if any, defenses are available in a particular case.
Lack of proof or culpability, emergency conditions, contributory or comparative negligence, and assumption of risk are all common defenses in automobile accident trials.
Do I Need a Lawyer Following a Car Accident?
It might be difficult to prove fault in an accident. This is true whether you’re working with your own auto insurance company or filing a negligence claim against the other driver or drivers involved.
Following an automobile accident, you may require the services of a lawyer if:
- As a result of the accident, you or another party has been seriously injured.
- There was drunk driving involved by either party to the accident
- There were legal violations by either party to the accident
- Property damage was severe (especially that of government roads or property)
- There are problems with insurance policies or insurance firms.
- You require legal counsel concerning your rights as a plaintiff or defendant.
When filing a case following an automobile accident, personal injury lawyers are usually required. An experienced attorney can assist in reviewing the facts to determine who is to blame and what forms of damages are available.
Medical expenditures, property repairs, and, in some situations, legal fees are common expenses in a vehicle accident claim. Contact a lawyer if you have questions about expenditures, repairs, fees, and other financial matters regarding your particular car accident case.
Where Can I Find a Car Accident Attorney?
In many circumstances, finding the right lawyer to assist with a vehicle accident claim might be tough. Calling numbers from a phone book can frequently result in dead ends and be time-consuming.
Using LegalMatch’s online matching services to find a car accident lawyer in your area may be a more efficient and consistent approach to finding one. By submitting your case online, LegalMatch will connect you with a qualified car accident lawyer in your region for free.
If you’ve been involved in a serious vehicle accident, don’t wait any longer; you may miss the filing window to claim your damages. Get the compensation you deserve by contacting an experienced car accident lawyer in your area today on LegalMatch.