Maybe you crashed when you hit a deep pothole, slid on ice, or swerved to avoid fallen branches, and it’s not exactly obvious who you can hold at fault. Regardless of the nature of the road hazard, you may wonder who should pay for your medical bills or car repairs – and the answer might surprise you.

If you have been injured in a road hazard car accident, reach out to an experienced car accident lawyer to ensure your rights are protected and to pursue the compensation you deserve.

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Common Examples of Road Hazards

When we think of the factors that contribute to traffic collisions, driver behaviors are usually top of mind. However, the condition of the road itself is a key factor in many crash scenarios.

Here are some common examples of road hazards that contribute to motor vehicle accidents:

• Potholes: Potholes present a significant risk to motorists because they can cause drivers to lose control of their vehicles. When wheels hit these cavities in the road, the impact can puncture tires, ruin wheel alignment, or cause severe damage to a vehicle’s suspension.
• Uneven Road Surfaces: Uneven road surfaces, even without significant potholes, can also make driving hazardous. Non-level roads can lead to loss of vehicle control, particularly at higher speeds. Motorcyclists are particularly at risk for this road hazard.
• Loose Gravel: Loose gravel on roads can cause a vehicle’s tires to lose traction, leading to skidding or an inability to brake effectively. Motorcycles and bicycles can lose stability and crash due to slipping or skidding on loose gravel.
• Oil Spills: Oil spills create slick surfaces that drastically reduce tire traction and can cause vehicles to slide uncontrollably. Quick maneuvers on roads with oil slicks often lead to preventable loss-of-control accidents.
• Ice Patches: Ice patches are treacherous because they can cause vehicles to skid out of control. These hazards are most common in cold climates and can occur even when local authorities treat roads with salt or sand.
• Standing Water: Standing water on roadways can lead to hydroplaning, where a layer of water builds between the tires and the road surface. Hydroplaning can lead to a loss of traction and subsequent accidents.
• Fallen Tree Branches: Fallen tree branches are serious hazards, especially when they are large and obstruct parts of the roadway. Drivers might swerve unexpectedly to avoid fallen branches or even collide with them, possibly causing traffic obstructions and secondary collisions.
• Inadequate Road Signage: Inadequate road signage can lead to confusion or misinformed decisions by drivers. Missing or unclear signs can leave drivers unaware of upcoming road conditions or regulations, potentially leading to dangerous accidents.
• Malfunctioning Traffic Signals: Malfunctioning traffic signals can cause dangerous confusion at intersections. Without clear signals, drivers might not know when to stop, go, or yield, which can result in close encounters and preventable crashes with intersecting traffic.
• Construction Zones: Road construction zones often require altered traffic patterns and lower speed limits, and drivers must be cautious in these high-risk areas. Accidents can occur if inattentive drivers fail to follow temporary signs or directions.
• Sun Glare: Sun glare can temporarily blind drivers, making it difficult to see other vehicles, traffic signals, pedestrians, or the road ahead. This can cause drivers to miss traffic signals or stop unexpectedly, increasing the risk of rear-end collisions.
• Sinkholes: Sinkholes can appear suddenly in rainy areas, creating large, dangerous openings in the road surface. They can cause significant damage to vehicles and can even lead to accidents if drivers swerve to avoid them or the road collapses under a vehicle.
• Wet Leaves: Wet leaves can create dangerously slippery surfaces on roadways. Similar to ice, wet leaves reduce tire traction and cause vehicles to skid. This is particularly hazardous when leaves cover road markings or potholes, hiding potential dangers.
• Snow and Slush Build-up: Snow and slush can accumulate on roadways, making it difficult for drivers to control their vehicles and brake properly. This type of build-up can also obscure road markings and make it harder for drivers to maintain proper lane positioning.
• Inadequate Street Lighting: Inadequate street lighting can contribute to accidents by reducing visibility at night or during poor weather conditions. This makes it harder for drivers to see road hazards.
• Broken or Missing Manhole Covers: A broken or missing manhole cover presents a direct hazard to vehicles. This type of hazard can cause tire or wheel damage and poses a significant risk to two-wheeled vehicles that can get caught in the openings.
• Eroded Road Shoulders: Eroded road shoulders can create extremely dangerous drop-offs if drivers veer off the road. The resulting uneven surfaces can also lead to loss of vehicle control or rollover accidents.

Driver Responsibilities When Road Hazards Are Present

In the United States, traffic laws and regulations can vary significantly from state to state. However, some principles and laws regarding driver responsibility in the presence of road hazards are largely consistent across jurisdictions. Here are some key examples:

Duty to Exercise Reasonable Care

Drivers have a legal obligation to operate their vehicles with reasonable care at all times. This broad duty encompasses a range of behaviors, including watching for potential road hazards and being ready to respond appropriately.

Reasonable care also means driving defensively, noticing your surroundings, and anticipating the actions of other drivers. This responsibility increases in hazardous driving conditions, such as inclement weather.

Speed Adjustments

In addition to following posted speed limits, drivers must constantly adjust their speeds based on the current road, traffic, and weather conditions. This could mean driving significantly below the posted speed limit during heavy rain, fog, or snow or near areas of road construction.

It also includes slowing down in areas with road hazards, such as sharp bends or traffic intersections. This allows more time to react to unforeseen hazards and reduces the severity of any impacts.

Safe Following Distance

Maintaining an adequate following distance allows a safe margin for stopping in emergencies and reduces the risk of rear-end collisions.

Most states have traffic laws that require drivers to keep safe following distances at all times, including when road hazards are present. If drivers fail to adjust their following distance and cause accidents, they could be liable, even if road hazards were a factor.

Use of Headlights

Headlights make a vehicle more visible to others and can significantly reduce the risk of accidents. This is particularly important during times of low visibility, such as during dawn, dusk, or severe weather. Many states require drivers to use their headlights from sunset to sunrise, during rain, fog, or snow, and in other low-visibility scenarios.

Work Zone Laws

Driving through work zones requires special attention and adherence to specific laws that aim to protect motorists and workers alike. These zones often have reduced speed limits, flaggers, and temporary signs guiding traffic flow. Drivers must be extra cautious in work zones, looking out for workers, machinery, and potential changes in traffic patterns.

Unsecured Loads

Drivers who transport items in their vehicles are legally responsible for securely fastening their loads. Most states have cargo securement laws that apply to both commercial and private drivers.

Securement must be appropriate for the type of cargo and capable of withstanding forces from acceleration, deceleration, and turns. If objects fall from any vehicle and create road hazards or cause accidents, drivers can be liable for any resulting damages.

Chains and Snow Tires

In regions with severe winter weather, these laws require the use of tire chains or snow tires during certain conditions. This type of equipment helps vehicles maintain traction on roads covered with snow and ice, reducing the risk of accidents.

When chain laws govern a particular area, road signs will typically inform drivers of the requirements.

Government Liability for Road Maintenance and Hazards

In some road hazard accident cases, government entities are liable, particularly when the condition of a public road is a primary contributing factor to an incident. Liability typically rests on whether the government entity responsible for maintaining a road neglected its duty to ensure the road’s safety.

You can hold any of the following government entities liable for a preventable road hazard accident:

• Municipal Governments: Local entities must maintain city streets and smaller roads within their jurisdictions. If a municipal government fails to address known hazards or does not perform adequate maintenance, you can hold it liable for accidents.
• County Governments: County governments oversee a broader range of local roads that often fall outside of municipal boundaries. They are responsible for regular upkeep and could be liable for hazard-related crashes.
• State Governments: State departments of transportation manage state highways and interstates. If a road hazard on these roads results from poor maintenance or design and leads to an accident, the state could be liable.
• Federal Government: While less common, some roads are the responsibility of the federal government, such as those in national parks. If a preventable hazard causes an accident on federal land, the U.S. government could be liable.

Bringing a claim against a government entity is a complex procedure fraught with numerous administrative hurdles. If you know or suspect you have a government liability claim, consult a lawyer with experience in personal injury and government claims to guide you through the process.

Evidence in a Road Hazard Accident Case

To establish liability in a road hazard accident claim, your lawyer can identify and gather numerous types of evidence to construct a compelling case. This evidence must illustrate not only the presence of the hazard but also the responsible party’s negligence in failing to address or respond to it appropriately.

Common types of evidence in road hazard accident cases include the following:

• Accident scene photographs
• Surveillance or traffic camera footage
• Police accident reports
• Previous accident reports from the same location
• Eyewitness statements
• Expert witness testimony
• Road maintenance records
• Weather reports for the day of the accident
• Vehicle damage reports
• Cell phone and GPS records
• Skidmark analysis reports
• Traffic signal timing data
• Road design plans
• Construction zone permits and plans
• State and municipal transportation regulations
• Road hazard warning signs or lack thereof
• Commercial cargo logs and securement information
• Maintenance records for traffic lights or signage

How a Road Hazard Accident Lawyer Can Help

In the aftermath of a road hazard accident, having a proficient lawyer can make a significant difference in the outcome of your claim.

Here are just a few of the ways a knowledgeable personal injury attorney could help you:

• Investigating the accident to identify contributing factors like road hazards
• Gathering and preserving useful evidence
• Identifying all potential sources of liability and compensation
• Consulting with accident reconstruction specialists and other experts
• Reviewing traffic and surveillance camera footage
• Interviewing eyewitnesses who saw the collision occur
• Analyzing medical records to assess injury claims
• Communicating with other parties and their insurers on your behalf
• Drafting and filing a detailed complaint outlining your claim
• Negotiating with insurance companies for fair settlements
• Reviewing settlement offers to ensure they are fair and comprehensive
• Taking your case to court if legal action is necessary
• Filing all necessary court documents within legal deadlines
• Representing you in court proceedings
• Challenging evidence from opposing parties

Did you recently suffer harm in a car accident that involved a government entity in some capacity? You might have a claim against the government if the accident was due to something that was the government’s responsibility, like a broken traffic light. Winning a claim against the government is tough, but it is possible in certain situations with the help of a knowledgeable car accident lawyer.

When Could the Government Be Liable for a Car Accident?

In countless scenarios you can hold the government liable for a car accident.

Here are just a few examples:

• Negligent Driving by a Government Employee: If a government employee drives a government-owned vehicle recklessly or carelessly while working and causes an accident, you can hold the government liable.
• Poor Road Maintenance: Local governments must maintain roads. If an accident occurs because of a pothole, unclear road signs, or other maintenance issues, the government entity in charge of road upkeep might bear responsibility.
• Malfunctioning Traffic Lights: If a traffic light is not working properly and a government entity fails to fix it in a timely manner, you can hold the government at fault for any resulting accidents.
• Poor Road Design: Sometimes, the fundamental design of a road increases accident risk. For instance, sharp turns without proper signage might increase the chance of rollovers, especially for larger vehicles. In such cases, you can hold the entity responsible for road design liable.
• Inadequate Snow or Ice Removal: If a government entity does not clear the roads effectively after a snowstorm, and this leads to an accident, you can hold them responsible for any harm or losses that result.
• Lack of Adequate Signage: The government must provide proper signage on roads to alert drivers of hazards or changes in traffic patterns. Missing or hidden signs that contribute to accidents could render the government liable.
• Faulty Government Vehicle Maintenance: If the government fails to properly maintain a vehicle, and a preventable malfunction causes an accident, you can hold the government accountable.
• Inadequate Training of Government Drivers: Government entities that directly employ drivers must train those drivers properly. Crash victims could have grounds for a government claim if an accident occurs because a government driver did not receive appropriate training.
• Construction Zone Negligence: Government entities often oversee construction zones in public spaces. You can hold the government responsible if it fails to manage an area safely and an accident happens as a result.
• Failure to Address Known Hazards: If a government entity does not take action to fix a known hazard on the road, and it leads to an accident, you can hold the government liable.

How Are Government Claims Different From Standard Car Accident Claims?

Filing a claim against a government entity after a car accident is not the same as filing a claim against another driver or their insurance company. Here are the key ways that government claims differ from standard car accident claims:

Notice Requirements

One of the first differences you’ll encounter when filing a claim against a government entity is the strict requirement to provide notice of your claim. It’s a legal requirement with a deadline that’s usually between 30 to 180 days after the accident, depending on the jurisdiction.

In your notice, you must typically include specific details about the claim, such as the accident date, location, and circumstances. You’ll usually want to include a description of the injuries and damages you’re claiming, too.

Failure to adhere to the appropriate filing deadline or to include all necessary information could result in the dismissal of your claim before it even gets started.

Special Forms

Unlike in the standard car accident claims process, where you might simply contact the insurance company, claims against government entities often require you to complete specific forms.

These forms are often detailed and require information not typically necessary in regular insurance claims, such as a precise legal theory of why the government is liable.

Correctly completing these forms is essential because any errors could delay the process or lead to the denial of your claim. This is where the help of an attorney can make all the difference. Your attorney can identify all necessary documents and forms for your claim and fill everything out while you focus on recovery.

Limited Time to Sue

If you do not settle your government claim during the administrative phase, you might decide to take your claim to court. If you do, you’ll find that the timeframe for initiating a lawsuit against a government entity is usually much shorter than it is for suing a private party.

Oftentimes, you’ll have just six months to a year to file a lawsuit against a government entity. Waiting too long to sue could mean losing your legal rights to seek compensation, no matter how strong your underlying case might be.

Caps on Damages

Another major difference is that many government entities have limits or damages caps on how much money you can recover from your accident claim. These caps can limit the amount you can recover for certain losses, such as pain and suffering, and they often apply no matter how severe your injuries are.

If the accident happens in an area with a damages cap for government claims, it could affect the amount of money you can claim for your losses. So, even if the total amount you are due exceeds the cap, you cannot recover more than the maximum amount allowable by law.

Sovereign Immunity

Sovereign immunity is a legal doctrine that says you cannot sue the government without its consent. While many governments have waived this immunity to some extent for car accident claims, many restrictions and conditions are still in place.

For instance, the government could enjoy complete immunity for certain types of incidents or levels of negligence, which could make it more difficult for you to prove your case.

Different Investigation Processes

The government will likely investigate your claim differently than an insurance company would in a standard car accident claim. Government investigations could involve different government agencies and often take more time.

For instance, a government entity may conduct its own internal investigation rather than relying on police reports.

The government might also have different standards for what constitutes sufficient evidence to support your claim. This could lead to delays and potentially a less favorable interpretation of the facts, as the government might be more focused on defending its interests than on being scrupulously fair.

Understanding how the government will handle your claim can prepare you for what information you must provide and what to expect during the investigation.

Varied Insurance Coverage

Finally, insurance coverage for government vehicles does not always work the same way as it does for private vehicles. The government might self-insure, which means it handles claims and payouts directly rather than through an insurance provider.

This could affect how negotiations play out, the amount of compensation available, and the overall strategy for pursuing your claim.

Are There Different Procedures for Filing Claims Against Local, State, and Federal Government Entities?

Yes. When dealing with a local government entity, such as a city or town, you often have to file a claim directly with the city clerk or other local office.

In some cases, you might even need to file with the specific department responsible for the issue that led to the accident. These entities often have their own forms and deadlines, which are usually quite strict.

You typically need to file with the state’s treasury or risk management department for state government claims. The state will have its own set of forms and procedures, and the timeframe for filing a claim can differ from that of local governments.

Some states may limit how much compensation you can seek.

Filing a claim against the federal government follows a different set of rules under the Federal Tort Claims Act (FTCA). You would need to file a Standard Form 95 to start the claim process. This form asks for detailed information about the claim, and you must file it within two years of the incident. Each step of the process with the federal government is more formal and complex than filing with local or state government entities.

Whether you have a claim against a local government, the state, or the federal government, you need and deserve professional representation. A lawyer will know all the requirements and details necessary for each type of claim.

How Do I Determine Which Government Entity Is Liable for My Car Accident Claim?

To determine which government entity is liable after a car accident, you must look at several factors.

First, consider the location of the accident. The local city government might be responsible if it happened on a city street. The state’s transportation department could be liable for accidents on state roads or highways.

And you can hold the federal government at fault if the accident involved a federal government vehicle or it occurred on federal property, like a national park.

Next, look into what caused the accident. If a poorly maintained road or a malfunctioning traffic signal was the cause, the entity in charge of maintenance – often a city or state public works department – could be liable.

If the driver of a government vehicle, like a postal truck or police car, caused the accident, the specific government agency that operates the vehicle is likely responsible.

Even if you’re reasonably sure which entity to hold accountable, you should contact a lawyer for professional assistance. They can investigate who is in charge of the area or the vehicle that caused the accident. This way, you make sure you’re filing a claim against the right government body.

What Types of Evidence Do I Need to Support a Car Accident Claim Against the Government?

Solid evidence is particularly important in government liability claims.

The best way to support your claim is to work with a seasoned personal injury lawyer who can identify, preserve, and present useful evidence, such as:

• Accident scene photographs
• Police accident reports
• Witness statements
• Traffic surveillance camera footage
• Vehicle damage reports
• Medical records of your injuries
• Expert testimony on road safety
• Government vehicle maintenance records
• Weather and traffic reports from the accident date
• Road maintenance records
• Government employee driving records
• Emergency response records
• Forensic analysis of the crash site
• Road design documents
• Correspondence with government officials
• Dashcam video footage
• Copies of government policies and procedures
• Testimony from accident reconstruction specialists

Many people assume that the driver of the rear vehicle is always at fault for a rear end accident. However, that is not the case. Whether you were the driver in front, the one behind, or even a third party, here’s what you need to know about liability in rear end accidents. If you find yourself in such a situation, seeking advice from a rear-end accident lawyer can help you navigate the legal complexities and ensure your rights are protected.

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When Is the Rear Driver at Fault for a Rear End Accident?

Establishing fault is a pivotal step after a rear end collision.

In many rear end accident cases, the rear driver bears responsibility due to one or more of the following contributing factors:

• Distracted Driving: When a driver’s attention strays from the road, whether due to texting or other distractions inside or outside the vehicle, their delayed reaction time can result in a rear end collision.
• Driving Under the Influence (DUI): Impairment from alcohol or drugs severely hampers a driver’s judgment and reflexes. If a rear driver is under the influence, their compromised ability to respond to traffic changes can result in devastating rear end collisions.
• Drowsy Driving: A drowsy driver is a danger on the road. Reduced vigilance and slower reaction times can prevent a rear driver from slowing or stopping in time to avoid rear end accidents.
• Speeding: Excessive speed reduces the available time a driver has to react to the traffic ahead. A rear driver traveling too fast might not decelerate in time to keep from crashing into the vehicle ahead.
• Tailgating: Following too closely, or tailgating, leaves insufficient stopping distance between vehicles. If the front car stops abruptly, the tailgating rear driver is often at fault for not maintaining a safe distance.
• Dependence on Smart Driving Systems: Over-reliance on automated driving aids gives some drivers a false sense of security. If a rear driver trusts too heavily in these systems and fails to intervene when necessary, you can hold them liable for avoidable collisions.
• Lack of Vehicle Maintenance: Neglecting regular vehicle maintenance, especially for brakes and tires, can impede a car’s ability to stop promptly. You can hold a rear driver with a vehicle in poor condition liable if preventable defects cause a rear end accident.
• Poor Road Conditions: While poor road conditions can contribute to an accident, the onus is on every driver to adjust their driving as necessary. You can hold a rear driver who fails to adapt their speed or following distance on a dangerous road responsible for a resulting rear end collision.

When Is the Leading Driver at Fault for a Rear End Accident?

While the rear driver is often liable in a rear end collision, the front driver’s actions can contribute to the incident.

Here are common contributing factors that can shift the responsibility to the leading driver after a rear end car accident:

• Impaired Driving: You can hold a front driver could be at fault for a rear end collision if they are drowsy, distracted, or operating their vehicle under the influence. Erratic driving behavior, such as lane weaving or unpredictable speed changes, can contribute to confusion and preventable rear end crashes.
• Sudden Deceleration: A leading driver can also cause a rear end collision if they abruptly slow down without a clear reason, especially on a highway or in free-flowing traffic. This type of sudden maneuver can cause a rear driver, who is maintaining an appropriate speed and distance, to collide with them.
• Intentional Brake Checking: Brake checking occurs when one driver deliberately slams on the brakes to intimidate or retaliate against another. Even if the rear driver is following at a safe distance, this aggressive tactic can prevent them from reacting in time to avoid rear ending the other car.
• Lack of Vehicle Maintenance: Similar to the rear driver, you can hold the front driver liable if inadequate vehicle maintenance contributes to a rear end accident. For instance, if a front vehicle’s malfunctioning brake lights prevent the rear driver from recognizing the need to stop, you can hold the leading driver at fault for the accident.
• Unsafe Lane Changes: Sometimes, leading drivers merge into neighboring lanes without proper signaling or space, causing rear vehicles to collide with them. In these situations, the front driver’s failure to execute a safe lane change could render them responsible for the crash.

Useful Evidence in Rear End Accident Cases

When insurance adjusters, lawyers, and other parties investigate car accidents, their goal is to locate sufficient evidence to determine what happened and who was at fault. Depending on the circumstances, your rear end accident lawyer might use one or several of the following types of evidence to prove your case:

Photographs

Photographs capture the unspoken details of a rear end accident scene with stark clarity. Lawyers use these images to document the positions of vehicles post-collision, the extent of the damage, skidmarks on the road, traffic signals, weather conditions, and any road obstructions or defects. They provide visual context that can sway the court’s opinion of how and why a collision occurred.

Traffic Camera Footage

Modern traffic cameras capture many road incidents. Lawyers can use video footage from these cameras to establish the sequence of events leading to a collision and illustrate who was at fault. They can show the behavior of each driver before the impact, such as erratic driving, sudden stopping, or failing to signal, providing clear facts regarding the circumstances of the accident.

Vehicle Damage Reports

The pattern and extent of damage on the vehicles that collided can reveal much about the dynamics of a rear end crash. Lawyers can often leverage vehicle damage reports to infer speeds, angles of impact, and the force of the collision.

These reports can indicate whether a car was stationary or in motion at the time of the crash, making it easier to ascertain which party was at fault.

Eyewitness Testimony

People who witnessed the accident can provide useful details that neither driver recalls or thinks to mention. Lawyers frequently call upon eyewitnesses to recount their versions of events, which can corroborate or refute the accounts of the drivers. This testimony is often instrumental in piecing together the moments before and during the rear end accident.

Police Reports

After a rear end collision, law enforcement officers who respond to the scene typically compile reports that document what happened. These reports include police observations, statements from the drivers and witnesses, and sometimes officers’ opinions about who was at fault.

Lawyers often use these police reports to glean insights into the accident and to support their clients’ claims.

Cell Phone Records

In cases where distracted driving is a possible factor, lawyers often request cell phone records to determine whether a driver was texting or calling someone at the time of the accident. This evidence can indicate that a driver’s lack of attention contributed to the collision and bolster claims regarding who was at fault.

Toxicology Test Results

Toxicology tests measure the presence and concentration of alcohol, drugs, or other intoxicating substances in a person’s system. Lawyers present these results to demonstrate whether a driver was under the influence at the time of the rear end collision.

A positive result could be a damning piece of evidence, often irrefutably establishing a driver’s liability for the accident.

Dash Cam Footage

Dash cameras have become increasingly common and can provide indisputable evidence of the events leading up to a collision. Lawyers can use dash cam footage to show the court exactly what happened, potentially capturing negligent behavior like tailgating or abrupt lane changes that could prove liability.

Expert Testimony

Expert witnesses bring a layer of analytical depth to a rear end accident case. These professionals, with expertise in fields like medicine, accident reconstruction, or automotive engineering, offer informed opinions based on the available evidence.

Lawyers rely on expert testimony to translate complex data into understandable insights that can establish fault and the extent of damages.

How Much Can I Get for a Rear End Accident Claim?

If you suffer harm in a rear end accident, you could file a claim against the other driver’s insurance policy to recover monetary compensation.

Depending on the circumstances of your rear end accident claim, you could demand compensation for:

• Past and future medical expenses resulting from the accident
• Incidental, out-of-pocket costs, like medical travel expenses
• Income losses from any time you miss at work while you recover
• Projected losses in lifetime earning capacity resulting from the crash
• Subjective losses like pain, suffering, and reduced quality of life

The amount of money you can get for each of these categories varies considerably depending on your unique situation.

These factors will influence how much you recover for your losses in a rear end accident claim:

• The severity of any injuries you sustained
• The total medical expenses you incurred
• Your long-term medical care requirements
• The need for rehabilitation or therapy
• Any loss of income due to your injuries
• Any future losses of earning capacity
• The extent of any damage to your vehicle
• How long it takes you to recover
• Your age and overall health before the accident
• How the accident affects your quality of life
• The degree of pain and suffering you endured
• Whether you experience psychological trauma, such as PTSD
• How your injuries affect your relationship with your spouse
• Whether you have pre-existing medical conditions
• The clarity of liability in the accident
• The insurance coverage of the at-fault driver
• The credibility of the available evidence
• Whether any witnesses saw the collision
• Aggravating circumstances, such as DUI

Do I Need a Lawyer for a Rear End Accident Case?

Yes. Even if you’re pretty sure the other driver is at fault, you should still hire a personal injury lawyer to represent you.

• Investigating the accident to identify liable parties and useful evidence
• Exploring all possible sources of compensation to maximize your payout
• Reviewing and analyzing police and accident reports
• Consulting medical professionals to assess the full extent of your injuries
• Gathering and organizing medical records and bills related to your injury
• Calculating the total costs of your medical treatment and rehabilitation
• Demonstrating how much your injuries affect your ability to work
• Interviewing witnesses who were present at the scene of the accident
• Arranging expert testimony to support your claim
• Advising you on the legal options and strategies available for your case
• Filing all necessary paperwork for insurance claims and court proceedings
• Handling communications with all other parties relevant to your case
• Negotiating with insurance companies on your behalf
• Advocating for you during settlement negotiations to reach a fair agreement
• Preparing for trial if a satisfactory settlement is not possible
• Drafting and filing a personal injury lawsuit if necessary
• Representing you in all legal proceedings and hearings

Ridesharing companies like Uber and Lyft are quickly eclipsing cab companies for individuals’ transportation needs. Many individuals rely upon these ridesharing companies for transportation around large urban areas to go to and from work and for recreational activities.

However, with many Uber and Lyft vehicles on the road comes the possibility of severe accidents and injuries.

Because ridesharing vehicles are a relatively new concept, there is not a significant amount of case law about how to handle these accidents from a personal injury perspective. Consequently, if you suffer injuries in a rideshare accident, consult an experienced rideshare accident attorney as quickly as possible.

Your attorney can review the circumstances of your accident with you and evaluate potential insurance options for your case. Your lawyer can file a claim with the insurance company on your behalf and aggressively negotiate with insurance company settlement adjusters. Finally, if the insurance company does not make you a fair monetary settlement offer, then your lawyer may file a lawsuit against the at-fault party or parties.

Every step of the way, your lawyer will aggressively advocate for your legal interests and pursue the maximum compensation you deserve to recover for your injuries.

Your lawyer can also represent you at all legal proceedings in court, introduce evidence, and pursue a favorable jury verdict or binding arbitration award in your case.

For example, an accident victim might need to consult their primary care doctor, visit a medical specialist, undergo surgery, and attend follow-up physical therapy appointments, depending upon the nature and extent of their injuries.

By completing a prescribed medical treatment regimen, a rideshare accident victim significantly heightens their chances of achieving a full recovery. Additionally, they show the insurance company that their injuries are real and that they deserve favorable monetary recovery for them.

In the meantime, a rideshare accident lawyer can begin advocating for your legal rights and interests. Specifically, your attorney may begin gathering important documents in your case, including police investigation reports, medical treatment bills, and medical records.

Upon receiving this documentation, your lawyer can assemble the necessary documents into a complete settlement demand package for the insurance company to review.

How Do Rideshare Accidents Typically Happen?

Like other motor vehicle accidents, rideshare accidents typically happen when people drive recklessly and negligently. Sometimes, it is the Uber or Lyft driver, but a third-party driver may also cause or contribute to a rideshare accident.

Some of the most common types of driver negligence that occur include disobeying traffic regulations, engaging in distracted driving, exhibiting road rage, and operating a vehicle while under the influence of alcohol or drugs.

First, some car accidents happen when drivers fail to follow various road rules.

Common driving violations that may lead to an accident include:

• Failing to yield the right-of-way at a traffic intersection.
• Speeding.
• Tailgating other vehicles.
• Failing to use mirrors.
• Failing to use turn signals at the appropriate times.

Accidents may also happen when drivers fail to use lane change warnings, backup cameras, and other technological devices on their vehicles.

Additionally, traffic accidents may happen when drivers fail to watch the road attentively. With the many electronic devices in today’s vehicles, it is very easy for drivers to become distracted and take their eyes off the road.

Some of the most common driver distractions include cellular phones and tablets, GPS navigation systems, loud music playing in the vehicle, and other vehicle passengers.

A distracted driver may comb their hair, apply makeup, eat, or drink while attempting to drive at the same time. All these activities may cause a driver to lose their focus and bring about a serious accident.

Rideshare accidents may also happen when a driver exhibits various types of road rage or reckless driving. Some drivers become upset when other traffic moves too slowly. Such a driver might resort to tailgating other vehicles, aggressively honking their horn, weaving through traffic without using a turn signal, or passing other vehicles in a no-passing zone.

All these reckless driving maneuvers may cause severe and forceful collisions that injure other people.

Finally, some rideshare accidents directly result from drinking and driving. An intoxicated rideshare driver puts rideshare passengers at significant risk.

Drunk drivers frequently experience various mental and physical symptoms that prevent them from operating their vehicles carefully and safely. For example, a drunk driver may suffer from delayed concentration, impaired reflexes, delayed reaction time, lack of coordination, and an inability to judge distances. Similarly, they may experience physical symptoms like blurred vision or dizziness.

If you sustained injuries in a rideshare accident that a negligent driver caused, talk with a knowledgeable rideshare accident lawyer in your area as quickly as possible. Your attorney can evaluate all your legal options so that you can make intelligent and informed decisions about how to proceed with your case.

How Does Insurance Coverage Work in a Rideshare Accident?

The insurance policy or policies that might apply in a rideshare accident depend upon several factors, including the jurisdiction where your accident happened, the time when the accident happened, and the type of ridesharing vehicle you were in at the time of the collision.

For example, if your rideshare accident occurred in a no-fault state like Florida, you first turn to your personal injury protection (PIP) insurance coverage. PIP coverage compensates accident victims for various out-of-pocket losses, including medical expenses and lost income.

In general, an Uber corporate policy of $1 million per accident and $1 million in the aggregate is in effect the moment the Uber driver accepts a ride fare using their smartphone. Their policy limits stay effective until the Uber driver drops off the passenger at their destination.

The $1 million policy limits apply to both underinsured and uninsured motor vehicle accidents.

In an underinsured accident scenario, the at-fault driver who causes the accident has some liability coverage. However, if it will not fully compensate the accident victim for all their damages and losses, the injured accident victim will turn to the at-fault driver’s policy, exhaust their policy limits, and then file an underinsured motorist claim with the proper carrier.

In an uninsured motorist accident scenario, the driver who caused the accident does not have any motor vehicle coverage, or they may have fled the accident scene. In that situation, the accident victim can turn to the uninsured motorist policy for financial coverage.

In rideshare access scenarios where the Uber driver has not accepted a ride fare but does have the app on their smartphone activated, the applicable policy limits in the event of an accident are $50,000 per individual, $100,000 per accident, and $25,000 for property damage.

In some cases, Uber drivers cause rideshare accidents because of their own negligence. In those situations, the Uber driver’s individual liability insurance policy may provide the coverage necessary to compensate accident victims for their injuries.

The applicable limits of coverage in Lyft vehicle accidents are slightly different. In cases where the Lyft driver has activated the app on their smartphone, and they are waiting to accept a fare, the Lyft corporate policy may cover a motor vehicle crash.

Under that policy, the coverage limits are $50,000 per person, $100,000 per accident, and $25,000 for property damages. However, if a Lyft driver does not have their smartphone app running and a collision happens, then their individual policy steps into play.

If a passenger is in the Lyft vehicle, and the driver is proceeding with a passenger to a destination, then $1 million of Lyft coverage applies, and it remains in effect until the driver reaches the passenger’s destination. Underinsured and uninsured motorist coverage apply during this time.

Suppose you recently suffered injuries in a rideshare accident. In that case, you need to have an attorney on your side who can determine the applicable insurance policy or policies, as well as the applicable coverage limits.

Your attorney can file a claim under the appropriate policy on your behalf and begin pursuing the financial compensation you need for your accident-related losses.

Filing a Claim or Lawsuit for Monetary Compensation

As part of a rideshare accident, injured passengers may be eligible to receive various types of monetary compensation. In a third-party claim, the accident victim must establish that the Uber driver or another driver violated their legal duty of care by acting unreasonably.

For example, a driver might have violated one or more traffic laws or operated their vehicle while intoxicated or distracted. As a direct result of the driver’s negligence, both the accident and the claimed injuries must have occurred.

To recover third-party damages in a rideshare accident case, your car accident lawyer can file a claim with the appropriate insurance company on your behalf.

In any situation, an attorney will need to negotiate these claims aggressively. Insurance companies will offer the lowest amount of compensation they possibly can get away with offering. Insurance company adjusters take this approach to save their insurance companies significant money.

To increase a settlement offer, your lawyer can highlight the various strengths of your case, downplay any weaknesses, or threaten the insurance company with litigation.

If your case proceeds to litigation, settlement negotiations may continue. If the matter does not settle by the end of litigation, you may take your case to a civil jury trial, and the jury will decide the issue of monetary damages. Similarly, you can pursue alternative dispute resolution (ADR), for example, binding arbitration or mediation.

The monetary damages that rideshare accident victims may recover will vary significantly from case to case, depending upon the circumstances. Generally, the more serious an accident victim’s injuries, the higher their likelihood of recovering a favorable monetary damage award.

Possible types of monetary compensation for a rideshare accident include payment of medical expenses, lost income, and loss of earning capacity. Accident victims may also pursue compensation for their intangible losses, such as inconvenience, mental distress, past and future pain and suffering, lost quality of life, loss of use of a body part, and loss of spousal consortium.

Your attorney will do everything possible to maximize your monetary settlement or litigation award, enabling you to become whole again after your accident.

Contact a Rideshare Accident Lawyer Today

If you suffered injuries in a recent rideshare accident, you must file your lawsuit within the applicable statute of limitations time frame. After entering an appearance in your case, your attorney will aggressively fight for your legal rights and interests and work to pursue the monetary compensation you truly deserve for your injuries.

Uber and Lyft know how to defend against accident claims and limit liability whenever possible. Never take on their corporate insurance companies alone – seek professional legal representation from a personal injury attorney with experience handling rideshare claims. Consultations are free.

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Car accidents can lead to debilitating injuries, medical expenses, lost income, and other serious complications. Moreover, if you suffered injuries in a car crash and go to file a claim with an insurance company, you will quickly find out that the insurance company, even your own, is not on your side. Consequently, you need a skilled car accident attorney to advocate for you every step of the way.

Unlike many lawyers who charge hourly fees, most car accident attorneys operate on a contingency fee basis. This means that the lawyer will not collect a fee unless they recover favorable monetary compensation for their client through settlement or litigation. If they do not recover any monetary damages for their client, they will not collect an attorney fee.

The amount of an attorney’s fee depends upon the specific percentage stated in the lawyer’s contingency fee agreement, or CFA. According to the CFA terms, at the end of the car accident case, a lawyer will collect a certain percentage of the accident victim’s gross settlement award, jury trial verdict amount, or binding arbitration award.

Generally, a lawyer’s contingency fee percentage will increase if they take the case to a civil jury trial or binding arbitration hearing rather than settle it out of court.

When retaining a car accident attorney to represent you, you should ask questions about the CFA and the percentage the lawyer will receive under the circumstances.

Once you sign a CFA and your attorney enters an appearance in your case, they can begin aggressively advocating for you and your legal interests. Specifically, your lawyer can file a car accident claim with the appropriate insurance company, negotiate with insurance company adjusters for favorable settlement compensation, or, if necessary, file a lawsuit in court and efficiently litigate your case to a resolution.

Your attorney can address all of your legal concerns, handle the legal process for you, and work to maximize the monetary damage award that you receive for all of your accident-related injuries and losses.

Who Causes Most Car Accidents?

Most car crashes result from the negligent and reckless behavior of other drivers. For example, some car crashes happen when other drivers violate traffic laws, especially regarding speed limits, turn signal use, and right-of-way laws. A driver might also cause an accident by failing to use their rearview or sideview mirrors while driving or when backing out of a parking space in a parking garage or parking lot.

Car accidents also frequently result from distracted driving. A driver behaves distractedly when they do not watch the road in front of them attentively but instead focus on someone or something in their vehicle.

For example, drivers may become distracted when they fiddle with an electronic device, such as a cellular phone, tablet, or GPS navigation system. Other vehicle occupants may also prove distracting for drivers, especially if they make a lot of noise or engage in horseplay or roughhousing. In addition, drivers may become distracted when they apply makeup, comb their hair, or otherwise take their eyes off the road while behind the wheel.

Another common cause of traffic accidents is road rage or aggressive driving. Drivers frequently drive aggressively to move ahead of other vehicular traffic and arrive at their final destination sooner.

Common reckless driving maneuvers include:

• Failing to use turn signals.
• Aggressively weaving around traffic.
• Tailgating other vehicles.
• Speeding.
• Cutting off other vehicles in traffic, especially at highway exits and merge lanes.

When a driver engages in these reckless driving maneuvers, they may inadvertently cause a single-vehicle crash or initiate a multi-vehicle pileup.

Finally, motor vehicle accidents may happen when drivers are intoxicated while behind the wheel. Drug and alcohol intoxication can lead to various physical and mental symptoms that affect a driver’s ability to drive safely and carefully. An intoxicated driver may experience multiple physical symptoms, including blurred vision and dizziness. As a result, they may not see another vehicle or a pedestrian in the vicinity.

Similarly, an intoxicated driver may experience various mental symptoms, including limited concentration, inability to judge distances, delayed reaction time, and delayed reflexes. Consequently, even if they see another vehicle or pedestrian, they may be unable to react in time to avoid a collision.

You are not alone if you suffer injuries from another driver’s reckless behavior in a car crash. Your personal injury attorney can explore all of your legal options and begin pursuing the favorable settlement compensation you deserve by filing a timely claim with the appropriate insurance company on your behalf.

What Are the Most Likely Car Crash Injuries?

Drivers and passengers in car accidents frequently stand to suffer severe injuries, depending upon the accident circumstances. The more forceful a collision, the higher the chances that an accident victim will suffer permanent and debilitating injuries.

Head-on collisions, where the front of one vehicle hits the front of an oncoming vehicle, are the most likely to cause permanent injuries and fatalities. However, other accidents may result in equally serious injuries that necessitate long-term medical treatment and care.

The injuries that a car crash victim suffers will usually depend on the amount of force involved, the type of accident that happens, how their body moves at the time of the accident, and whether a part of their body strikes a part of the vehicle, for instance, the steering wheel, window, door, or headrest.

Common accident-related injuries include soft tissue muscular contusions, traumatic head and brain injuries, rib fractures, eye injuries, mouth and teeth injuries, bone fractures, spinal cord damage, complete and incomplete paralysis injuries, internal bleeding, internal organ damage, open cuts, and lacerations, bruises from airbag deployment or seatbelts, and death.

After suffering one or more of these injuries in a car crash, your top priority should be immediately obtaining the medical treatment you need.

Suppose you follow up at a hospital emergency room or urgent care facility. In that case, you need to complete your medical treatment regimen, undergo the necessary medical procedures, and attend all physical therapy sessions per the treating medical provider’s recommendation.

By failing to treat consistently for your injuries or discharging yourself prematurely from treatment, you seriously jeopardize your health and the strength of your personal injury claim.

When accident victims are not treated continuously for their injuries, or if they self-discharge from treatment, the insurance company may become skeptical about the seriousness of their injuries and refuse to compensate them fairly and reasonably. However, if you complete all of your medical treatment, you show the insurance company that your injuries are severe and that they deserve significant monetary compensation.

Your car accident lawyer can begin working on your case when you are treated for your injuries. Specifically, they may begin gathering your medical treatment records, police reports, medical bills, lost-wage documentation from your employer, and other documentation to file a claim on your behalf as quickly as possible.

Filing the Proper Insurance Claim After a Car Accident

The type of insurance claim you file following a car accident will frequently depend upon the jurisdiction where your accident happened. For example, the state of Florida follows no-fault insurance laws when it comes to motor vehicle crashes. Therefore, in most instances, Florida accident victims will need to file a personal injury protection or PIP claim with their own insurance company.

As part of a PIP claim, accident victims may be eligible to receive compensation for medical expenses and lost earnings. Since PIP claims are not fault-based, it does not matter how or who caused the accident. Accident victims may still recover some monetary compensation. However, accident victims in these jurisdictions may file a third-party personal injury claim if they suffer a permanent or disabling injury in their accident.

In-fault-based jurisdictions like Washington state, accident victims typically need to file a claim with the at-fault driver’s insurance company from the onset.

Accident victims must typically satisfy a legal burden of proof to recover monetary damages as part of a third-party personal injury claim. Specifically, they must show that the other driver behaved in a reckless, careless, or negligent manner under the circumstances and that, as a result, the accident and their injuries both occurred.

Recovering Damages in a Third-party Personal Injury Claim for Negligence

If you can file a third-party personal injury claim seeking monetary damages, you may be entitled to recover additional compensation for your losses. Specifically, you can recover compensation for your medical expenses, loss of earnings, loss of earning capacity, and other out-of-pocket losses.

Additionally, you can recover compensation for your intangible losses. Those damages may compensate accident victims for their loss of spousal consortium, lifelong disability or disfigurement, pain and suffering, mental distress, inconvenience, lost quality of life, loss of the ability to use a body part, and long-term care costs.

Since every third-party personal injury case differs, not all accident victims can recover the same types and amounts of monetary damages. A car accident attorney in your case can determine your eligibility for filing a third-party claim or lawsuit.

If you move forward, your lawyer can aggressively negotiate with insurance company representatives on your behalf or, if necessary, litigate your case to a conclusion in court. If your case must proceed to litigation, your lawyer can represent you at all legal proceedings and advocate aggressively for your legal interests.

Talk with an Experienced Car Accident Attorney Right Away

If you sustained injuries in a car accident case, time is of the essence. Therefore, consult a local personal injury attorney as quickly as possible. Your lawyer will explain how their contingency fee arrangement works, and you should ask them any questions you may have.

After you sign a CFA, your lawyer can begin aggressively advocating on your behalf by filing the appropriate claim, negotiating with insurance company representatives, and pursuing the compensation you need and deserve for your car accident losses.

In your initial consultation with a car accident attorney, expect a thorough discussion of your case. You’ll share details about the incident, injuries, and any communication with insurance companies.

The attorney will assess your claim, explain legal options, and outline potential strategies. They’ll also discuss their fee structure and how they can assist you in pursuing compensation. This meeting provides a valuable opportunity to establish trust and determine if the attorney is the right fit for your needs. Bring any relevant documents, such as accident reports and medical records, to help facilitate the discussion.

Do not delay in beginning the claim process. The sooner you start, the sooner you might receive the compensation you need.

Car accidents are inherently complex. They occur in a variety of circumstances and often happen when you least expect them. Accidents undoubtedly affect all parties involved, and the impacts can even extend to adversely affect victims’ families and friends.

After an accident, one of the most important questions to answer is, “Who is at fault?” Determining who is at fault will make a big difference in the course and outcome of any motor vehicle accident case. However, identifying who is at fault is not always a question that is easily answered. Even in the most seemingly straightforward scenarios, determining who is at fault can be tricky. In addition, auto accidents always involve a human element. Accidents are often traumatic experiences that can leave those involved deeply scarred.

After an accident, you may remember past events differently, become forgetful, gloss over important details, or develop aggressive or defensive behaviors. Given all the complexities and devastation associated with a serious car accident, how do you tell who is at fault in an accident?

In the aftermath of a serious car accident, seeking the assistance of a skilled car accident lawyer becomes crucial to ensure your rights are protected and to navigate the complex legal landscape.

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How Do You Prove Fault in a Car Accident?

Proving that the other party involved in the accident is just as important as it is for your insurance company. Even if you think you may be at fault in an accident, it’s important to talk to a personal injury attorney. There may be factors that make the case more complicated than it seems. Additionally, even if you are at fault, you may still be entitled to seek compensation by filing a personal injury claim.

There is no straightforward equation for how fault is determined. So, how do you determine who is at fault after a car wreck?

Personal Statements

Personal statements are one of the most important factors that insurance companies rely on when they determine fault. After all, you and the other driver were actually there when the accident occurred. However, as mentioned, determining who is at fault is not always clear-cut.

Drivers may have experienced the accident differently. One or both of the drivers may not have seen it at all, or, worse, one of the drivers may choose to lie about the accident. While the drivers’ statements are important after a car accident, they are not the only evidence an insurance company will consider.

Physical Evidence

Physical evidence is often more reliable than personal statements. Unlike human recollection, photos and videos do not hide the truth. Gather physical evidence at the scene of the accident if you are able, and it is safe to do so. If disputed or conflicting information arises, physical evidence can help reconcile any differences and clarify important details. Evidence that may help prove fault after an accident includes:

• Accident scene photographs
• Video surveillance
• Physical evidence, including skid marks, broken signs, or groove marks
• Repair receipts

Immediately following an accident, gather any evidence you can. The best way to document evidence at the scene is to take pictures or videos. Be sure to document the damage to all vehicles involved, as well as any other property damage at the scene.

Witness Testimony

Witness testimony can help, but typically will only operate to fill in the gaps between the physical evidence. In most cases, a witness will not realize that an accident is occurring until after it actually happens, or witnesses will not observe the events leading up to the accident.

Additionally, by nature, human memories are not always complete, or accurate. You should always identify any possible witnesses who may provide information and obtain their contact information. Potential witnesses include:

• Passengers
• Other nearby drivers on the road
• Visitors to nearby businesses
• Police officers

Accident Reconstruction

Sometimes it’s difficult to determine what happened in an accident, even after talking to the parties and evaluating the physical evidence. When appropriate, an attorney may rely on an accident reconstruction specialist to determine how the accident occurred. These specialists are highly skilled, and their reconstructions are typically highly reliable. A personal injury attorney may help injured victims determine whether their case might benefit from an accident reconstruction expert.

Common Car Accident Scenarios

Beyond physical evidence and witness testimony, there are some scenarios where the fault in a car accident is almost always assumed. Certain scenarios present straightforward determinations of causation. Additionally, previous statistics may show that one party is likely at fault. Some common straightforward at-fault accident scenarios include:

Rear-end Accidents

Rear-end accidents are one of the most straightforward types of accidents. These accidents happen when the front end of one vehicle hits the rear end of another vehicle. Washington law requires all drivers to drive in a manner that is “reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
Generally, if a vehicle makes contact with the vehicle in front of them, it is clear that they failed to maintain a safe distance from the vehicle they were following.
Common reasons for rear-end accidents include:

• Following too close
• Distracted driving
• Speeding
• Road rage

Accidents at Intersections

Accidents at intersections usually happen when one driver fails to yield the right-of-way. For instance, a driver may run a stoplight or recklessly make a left turn in front of another vehicle. The at-fault party is typically the driver that does not yield the right-of-way. However, this is not always the case. For example, a driver turning left in front of another vehicle may not be at fault if the oncoming traffic was traveling at excessive speeds. In that case, it may have been impossible for the turning driver to accurately gauge the amount of time they had to turn.

Head-on Accidents

Head-on accidents happen when one vehicle is traveling against the normal flow of traffic and collides with another. For example, a driver may drive the wrong way on a one-way road or a passing vehicle may fail to merge back into their in time. In these cases, it is hard to find an argument against the wrong-way driver being at fault.

Parking Lot Accidents

Parking lot accidents happen all the time. However because there are far fewer directional devices in parking lots than on the road, these accidents can make it difficult to determine fault. In these scenarios, blame will likely be attributed to a driver backing out of a spot or acting carelessly. If the insurance company can not make a clear determination of fault, they may split fault equally among both drivers involved.

Drunk Driving, Road Rage, and Distracted Driving

Driver negligence is a major factor in proving fault, and it is a major problem on the roadways. According to the National Highway Traffic Safety Administration, 30 people die every day in the United States in a drunk driving accident. In one year alone, nearly 3,200 people died as a result of a distracted driver.

Driver negligence can quickly lead to an accident and can have serious consequences. If a driver is found guilty of a crime at the time of the accident, they will likely be financially responsible for any resulting damages. In addition, they may face criminal charges (including manslaughter). Oftentimes, in circumstances involving a violation of law, responsible parties may be required to pay punitive damages.

Was I at Fault?

Maybe not. Fault is not always simple, even in the most straightforward cases. As accidents are almost always unexpected, drivers almost never know the full circumstances surrounding the collision. Do not assume you were at fault until the insurance company has completed a full investigation. Even then, you may still file a claim—the insurance company isn’t always correct. These factors may complicate fault:

• Drunk driving
• Distracted driving
• Medical conditions
• Poor road conditions

Never admit fault after an accident, even if you are certain you caused the accident. Maybe you’re wrong, and you didn’t cause it after all. A car accident lawyer can help you determine what your legal options are and make sure that you don’t get assigned more fault than you deserve in your car accident claim.

Other Potential at Fault Parties

Sometimes, accidents only involve two drivers. Other times, they may involve multiple vehicles and drivers. If an accident involves more than two vehicles, a commercial driver, or poor road conditions, there may be more than one party who is at fault. Third-party persons that may hold responsibility include:

• Business owners: If your accident involved another person on the job, their employer may share some, or be responsible for all financial liability after an accident.
• The government: State and city entities have a legal duty to maintain public streets and ensure they are safe of hazards. If your accident is the result of poor road conditions, damaged or missing road devices, or otherwise negligent conditions, the government may be responsible. Government entities may be fully liable, regardless of which driver supposedly caused the crash.
• Your employer: If you are on the job at the time of the accident, you may be entitled to file a worker’s compensation claim. Employees may be eligible for benefits, even if they are at fault. If you are on the job and the other driver is at fault, you may be entitled to file a workers’ compensation claim in addition to a personal injury claim.

In some cases, there will be more than one party at fault. An experienced personal injury attorney can help injured victims understand which parties may be responsible, so you can make your claims accordingly.

Recovering Damages After an Accident

Fault will be the biggest factor in determining the types of damages you may be entitled to recover after an accident. When a car accident leaves you injured, you deserve fair and just compensation for your injuries. The amount of compensation will depend on the unique circumstances of the accident as well as your state’s negligence laws.

The Role of Insurance Companies

In no-fault states, such as Florida, compensation for a car accident victim will not come from the at-fault driver’s insurer. Rather, if you live in a no-fault state, you can likely recover compensation through your own insurance company in the form of personal injury protection (PIP) insurance. If you live in a state that uses a modified comparative negligence rule, injured drivers can still recover compensation even if they were partially at fault in a car accident. Some states also follow a pure contributory negligence rule, in which you cannot recover anything. However, these states are in the minority.

Your attorney can help you understand how your state’s laws and your car insurance coverage may affect the compensation you receive in your particular case and will work to get you the best outcome.

You’re Not Alone

As you can tell, fault is an important factor after a motor vehicle accident. But it is also one of the most complex aspects of a claim to prove. Protect yourself and your rights after an accident.

An experienced car accident attorney regularly helps injured victims gather evidence and prove fault after an accident. They can also negotiate with the other driver’s or your own insurer if an insurance adjuster determines that your damages and accident-related expenses are lower than what you really deserve. Even if an insurance company has determined fault, you may still prove that other parties contributed to the accident. If you have questions or need help with your car accident case, contact an experienced personal injury attorney today.

After a car accident, you may have serious injuries. At the least, you may feel confused as to what to do. Depending on your injuries, you should take steps to secure the scene of the accident. In many cases, the Department of Transportation recommends moving vehicles to the side of the road if they are running.

Of course, you must take care that other drivers, especially rubberneckers, do not hit you or the vehicles involved and cause more damage. If you have already been in an accident, don’t hesitate to contact an auto accident attorney to discuss the injuries and damages of your case. At Boohoff Law, we have been assisting people after car crashes for years, with a history of getting their clients favorable results.

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What to Do After a Car Accident if You Can Safely Move

If your injuries are such that you can move safely, first call 911, then check on the other driver and your passengers. Move your vehicle out of the way, if you can, and put on your hazard lights. Set up emergency cones or flares if you have them. Always be aware of other drivers. They will look to see what happened instead of paying attention to what is in front of them.

Get Contact Information and Photos

Exchange insurance information and other relevant items from the other driver, including their full name, contact information, insurance company, policy number, driver’s license, and the other driver’s insurance card. Also, write down the other driver’s license plate number and the color and make of their vehicle. If there are multiple drivers involved, write down or take pictures of their driver’s license numbers as well. Give the other driver or drivers the same information for yourself.

You’ll want to take pictures of the accident scene if you are able to. When you take pictures:

• Get distance pictures showing skid marks;
• Get pictures showing both motor vehicles from multiple angles;
• Take close-up pictures of the damage to your vehicle; and
• Take close-up pictures of the damage to the other vehicle.

While you are taking close-up pictures, don’t take them so close that others can’t tell what they are looking at. Photos need context. For example, when you take a picture of a dent in a fender, take it far enough away to show the entire fender yet close enough to show the vehicle damage.

While the police or accident investigators will also take pictures, it is better if you have your own documentation. You may also wish to write down the name and badge number of any officials you speak to. If the police are unable to come to your location, you can also go to the nearest police station to file an accident report. This report will contain details about the accident, including weather and traffic conditions, the condition of the injured, and their identities, and may prove valuable in the insurance claims process.

Once you take pictures, if the vehicles are movable, move them out of traffic if you can do it safely. If your vehicle moves, but the other driver’s vehicle will not move, leave both vehicles where they are.

Get Additional Documentation

If you can get the following documentation, it could help your case down the line:

• All of the police officers’ names and badge numbers, even those you did not speak with. If you need to file an accident injury lawsuit, your attorney may call the police officers as witnesses. Getting their information helps save time when an attorney locates witnesses to help you.
• Find out where you get a copy of the police report. Insurance companies use police reports to determine fault — but so do courts and attorneys. Accident attorneys also review police reports to help create a picture of what might have caused the accident and may not come to the same conclusions as the insurance company or the police.
• Speak with witnesses to the accident. Because an accident happens unexpectedly and often quickly, you may not see everything that happened or may not remember it. Witnesses often fill in the blanks. Write down what witnesses have to say, including their names and phone numbers.

When it’s safe to leave the scene of the accident, you may choose to call roadside assistance if your insurance policy offers it. They may be able to provide you with a tow, transportation, and even a rental car for a time if your vehicle is undrivable.

What to Do After a Car Accident If You Have Serious Injuries

If your injuries are too severe for you to move, and you have another person with you who is not seriously injured, ask the other person to gather information. Do not allow anyone to move your vehicle. If you cannot safely move because of injuries and can talk, and a witness or the other driver checks on you, make sure someone calls 911 if you can’t do it yourself. Always stay still if you believe you have broken bones or other internal injuries. You could do more damage if you try to move, especially if you injured your back, neck, or head.

Always Get Medical Attention

Even if you believe you are not injured, it is advisable to get checked out by the emergency room or your doctor. Because of the adrenaline surge and other factors, injuries may not show up for hours or even days later. In some cases, such as concussions, symptoms may not show up for days, weeks, or months. Remember that the cost of medical treatment can likely be recuperated through a personal injury claim or your insurance coverage.

Notify Your Insurance Company

Different states have different legalities regarding who is obligated to pay for damages in an accident. Washington, for example, is a fault state when it comes to financial responsibility for car accidents. This means the person who was at fault for causing the car accident is also responsible for any damage resulting from the accident. If the other driver’s coverage is not enough to cover all of the damages you are entitled to, the other driver did not carry insurance, or your supplemental underinsured motorist coverage is insufficient, you may need to file a lawsuit against the other driver to collect full compensation for your damages.

On the other hand, Florida is one of a handful of no-fault states. If you live in a no-fault state, you can turn to your own insurance policy for coverage.

Regardless of where you live, you should report the accident to your insurance company of the accident and that you are making a claim. If you can’t notify your insurance company, a loved one may do so for you. However, only give the insurance company your name, policy number, the location and time of the accident, and your attorney’s contact information. If the other driver’s insurance company or attorney contacts you, refer them to your attorney.

An insurance adjuster will then evaluate your claim, but it’s likely that this initial estimate will be far less than what you actually deserve. An insurance company is in business to make money. Even your own insurance professional may not have your best interests in mind—it has its bottom line in mind. An insurance company will often pay you just enough to make you “go away.” That amount may not cover all of your medical bills that are related to the accident or all of the repairs needed to your vehicle—or its replacement value.

An auto accident lawyer can help you understand your car insurance claim and help you get as much value as possible out of your policy. If you get an attorney involved in the auto insurance claim, the insurance company is more likely to give you a better settlement offer since the likelihood of going to court is higher than if you were to try to settle with the insurance company yourself.

Avoid Implicating Yourself

Your immediate emotions after an accident can be overwhelming, but try to remain calm. Even if you believe you were at fault, never admit liability at the scene. There may be factors you aren’t aware of that contributed to the accident.

You should avoid discussing the accident with anyone and giving away information that could be used against you. While it’s okay to exchange basic information with the other driver, do not get into a detailed discussion about the accident. You should especially avoid discussing fault or specifics with the other driver’s insurance company without consulting with an attorney.

You should also avoid posting about the accident on social media or anywhere public. Anything you post about the accident on social media can be used against you. It’s best to refrain from discussing the accident or posting photos until all legal and insurance matters have been resolved.

Obtain Medical Records

You will need copies of your medical records and invoices showing your injuries and the cost of your medical care. If you suffered serious injuries in an accident and you expect long-term or permanent injuries, you will need medical documentation showing that. You might be entitled to more than reimbursement for past medical costs associated with the accident.

Serious injuries often require additional medical care, including but not limited to physical, cognitive, occupational, and psychological therapy. Physical injuries that take a long time to heal or that never heal often cause depression and other psychological issues in injured people.

Additionally, those who feel they are a burden on family members or friends may also suffer from anxiety and/or depression. Additionally, you may suffer from post-traumatic stress disorder (PTSD) because of a vehicle accident. PTSD could cause anxiety if you try to drive or even if you ride as a passenger in the car, among other issues.

Some people may need extended therapy to help with those feelings of anxiety or depression. If you have trouble getting medical records for all of your injuries, let your car accident lawyer know. He or she may help you get copies of your records.

If You Are a Witness to an Accident

If you saw the accident happen and the drivers ask you what you saw, give the same account to anyone who asks. The police will also ask you what happened for the accident report, as they are required to write down witness information. Sometimes people cannot be “bothered” with giving a statement because they don’t want to get involved. However, your statement may help a driver get the compensation he or she is entitled to if both drivers have conflicting accounts.

How to Avoid Car Accidents

According to the Insurance Information Institute, nearly 10 million cars occur annually in the United States. Accidents are difficult to avoid, mostly because they are unexpected. Lower the chances of being in an accident by driving defensively. This means that you always pay attention to the road.

If you notice another accident, slow down and turn your emergency flashers on. When other drivers see your emergency flashers, they know to slow down sooner than they otherwise would have slowed down. The flashers also alert other drivers that there is a problem ahead.

Stay Alert and Stay Safe

If you are distracted, and you cause an accident, not only may the police charge you, but you could find yourself serving time in jail or even paying punitive damages to the person you injured. Paying attention not only helps you avoid accidents that already happened, but it also prevents you from being injured should you cause an accident. If you come upon the scene of an accident and are not watching in front of you, you could contribute to additional damage and injuries if you hit other vehicles involved in the accident, or you could cause additional injuries if you hit first responders.

Taking a defensive driving course is another way to help avoid accidents. The course will teach you how to avoid sudden accidents in front of you, objects in the road, and other people whose actions may cause you to wreck. Some insurance companies offer a discount on your insurance if you take driving classes.

Prepare for an Accident

Being prepared for an accident may also save your or another person’s life. Always keep an extra blanket, a first-aid kit, a flashlight, and water in your vehicle. If you should get into an accident and suffer minor injuries, you can clean and cover visible injuries to prevent open wounds from becoming infected. The extra blankets help those injured and are feeling cold because of shock or because it’s cold outside. Even in the summer when it’s hot enough, you should always have an extra blanket with you.

You should also carry emergency triangles, cones, or flares to set out on the road after the accident. These bright orange devices warn people about an obstruction ahead and will hopefully keep them from running into you or your vehicle. The first aid kit should contain supplies to clean minor cuts and bandages to cover minor wounds to prevent infection. If a piece of metal cuts you, always go to the hospital for a tetanus shot, unless you’ve recently had one.

Frequently Asked Questions About Car Accidents

What if the other driver doesn’t have insurance or flees the scene?

If you find yourself in an accident where the other driver is uninsured or commits a hit-and-run, the first step is to call the police and file a report. This provides official documentation of the incident which can be crucial when making a claim. Next, contact your insurance company and notify them about the situation. Depending on your policy, you might have coverage under “uninsured motorist” or “underinsured motorist” provisions.

This can compensate you for injuries or damages caused by a driver without adequate insurance. Document any evidence from the scene, including photos, witness statements, and any possible details of the fleeing vehicle. If the driver fled the scene, any bit of information (like a partial license plate number or car description) can be helpful in tracking them down.

Should I accept the first settlement offer from an insurance company?

Probably not. It’s tempting to accept the first settlement offer from an insurance company, especially when faced with mounting bills and financial stress. However, initial offers can often be lower than what is fair or what you might be entitled to. Before accepting, evaluate the full extent of your damages — both physical and property. Consider future medical treatments, lost wages, and other long-term impacts of the accident. Consulting an attorney is vital. They can provide insight into the fairness of the offer and negotiate on your behalf. Remember, once you accept a settlement, it’s usually final, and you can’t go back later and ask for more if you realize the funds don’t cover your needs.

Can I claim compensation if the accident was partly my fault?

The ability to claim compensation when you’re partially at fault varies depending on where you live due to different negligence systems. In Washington, the system of “pure comparative negligence” applies. This means that if you are involved in a car accident, you can recover damages even if you are partially at fault. However, your compensation will be reduced by the percentage of fault attributed to you.

Unlike some other states, there’s no threshold of fault that bars recovery. Even if you’re found to be 90% at fault, you can theoretically recover 10% of your damages. However, it’s essential to consult with an attorney familiar with Washington’s negligence laws to understand how they might apply to your specific situation and who can work to maximize the outcome of your car insurance claim.

How long after an accident can I file a claim or lawsuit?

The timeframe within which you can file a claim or lawsuit is governed by a legal principle called the “statute of limitations,” and it varies based on your jurisdiction and the nature of the claim. For personal injury claims in Washington, this is three years from when the accident occurred.

It’s critical to act promptly after an accident to ensure you don’t miss any deadlines. If you fail to file within the set period, you could lose your right to pursue compensation permanently. Always check with local legal professionals like those at Boohoff Law to know the specific timeframes applicable in your area.

Should I keep a record of expenses related to the accident?

Yes, maintaining a comprehensive record of all expenses related to the accident is paramount. This includes obvious costs like medical bills and car repair invoices, but also less evident expenses like transportation to medical appointments, over-the-counter medication, and even wages lost due to missed work. Having a detailed account can be invaluable when negotiating with insurance companies or if you need to go to court.

Additionally, it’s not just about bills and receipts; consider maintaining a diary detailing your physical and emotional health post-accident, which can provide insight into the accident’s impact on your daily life. This can be helpful in cases where you’re seeking compensation for pain and suffering or emotional distress.

Don’t Take Chances After a Car Accident. Contact a Car Accident Attorney Today.

If you have further questions following a car accident, contact a personal injury lawyer at Boohoff Law for more information. Our legal professionals can help you navigate the insurance claim process, investigate the accident to help improve your chances of maximizing financial recovery, and protect you from insurance adjusters and those who may try to undermine your rights.

No, most car accident cases do not go to court. Most car accident cases end with a settlement, but that does not make obtaining a fair settlement easy. Insurance companies and other liable parties often work hard to pay as little as possible. You need an effective car accident lawyer to secure the settlement you deserve.

You may need to go to trial, especially when liable parties do not negotiate in good faith. When seeking a lawyer to lead your car accident case, find a firm with a proven track record of winning at trial.

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Why Do Most Car Accident Cases Settle?

Car accidents and civil cases tend to settle more generally for several reasons.

Settlements are the most common outcome in civil cases because:

• The high cost of trial: While every case comes with a cost, cases that require tend to be far more costly than those that never lead to court. A law firm may hire experts to testify or commission exhibits, and the firm may face other direct financial expenses related to the trial. Most costly, though, is the time a lawyer must dedicate to preparing their case, attending court dates, and managing the other trial details.
• The uncertain outcome of a trial: A lawyer must trust that a jury will make a fair, logical decision based on the evidence the attorney presents. However, because the case is in a jury’s hands (or judge’s hands, in a bench trial), there is always an element of uncertainty with a civil trial.
• The motivation of the car accident lawyer to settle: Because of the cost and uncertainty of going to trial, your attorney (and you) will have the motivation to settle out of court. This only means that your lawyer will fight hard to secure a settlement, not that they’ll shy away from trial.
• The motivation of liable parties to settle: Liable parties also know that if a jury sides with the plaintiff, they can face substantial financial liability. Therefore, an insurance company or civil defense attorney may also have great reason to settle out of court.

Yet, with these compelling reasons for all sides to reach a settlement, some car accident cases still go to trial. Why?

Reasons Why a Car Accident Case May Not Settle

A car accident case typically goes to court when representatives for the plaintiff and the liable party cannot agree to a fair settlement.

The two sides may not agree on a fair compensation package because of:

• Lack of compelling evidence: If there is video footage of an accident, convincing eyewitness testimony, or other conclusive evidence of who caused a car accident, the liable party may agree to pay fair compensation to the plaintiff. With such compelling evidence stacked against the liable parties, going to trial can pose a massive financial risk.
• Bad faith by the liable parties: In some cases, insurance companies and other liable parties do not negotiate in good faith. These parties may seek to avoid financial responsibility, even if that means acting deceptively or engaging in other bad-faith tactics. Negotiations may be fruitless when one party does not intend to offer fair compensation.
• Disagreements about the plaintiff’s injuries: Injuries are the centerpiece of many car accident cases. If the plaintiff and defendant (or insurance company) disagree about the nature or severity of the plaintiff’s injuries, a financial agreement grows more difficult to obtain.
• Disagreements about the calculation of damages: Motor vehicle accidents can cause hundreds of thousands, or even millions, of dollars in damages. If the two negotiating parties are not in the same financial ballpark when negotiating a settlement, they may not reach a settlement.

Negotiations may go most smoothly when:

• Both sides recognize who is financially responsible for the car accident
• Both sides negotiate with the genuine intention of reaching a fair financial agreement
• The plaintiff’s attorney communicates their client’s injuries and damages in a clear, evidence-based manner
• Both sides have similar calculations of the cost of the plaintiff’s damages

Even with these conditions, obtaining a fair financial recovery is never easy. Having an experienced lawyer negotiating on your behalf can lead to the settlement you deserve.

What Happens When a Car Accident Case Goes to Trial?

Before a trial begins, a judge may encourage both sides to negotiate one last time. Both parties may have gone through the discovery process and know entirely about the other side’s case. Knowing the evidence and testimony the other side will use can motivate settling.

If a trial happens, your attorney will:

• Explain to a jury why you deserve compensation and why the liable parties owe you that compensation
• Present evidence of the defendant’s liability
• Present and question any witnesses whose testimony supports your case
• Address any evidence and witnesses the defense presents
• Making a closing argument summarizing your case and requesting that a jury award the compensation you deserve

If your lawyer succeeds, the jury will award you a sum that covers or exceeds your recoverable damages.

Who Decides If Your Car Accident Case Will Proceed to Trial?

You have the final say in your lawsuit. As your attorney negotiates with liable parties, they should inform you whenever a settlement offer emerges. Your attorney will advise you on whether the offer is fair and whether you should accept or reject it.

If you trust your lawyer, you may follow their advice. If settlement negotiations do not produce a fair offer, and your lawyer feels your case will succeed in court, you may give them the green light to go to trial.

Capable Law Firms Prepare Every Car Accident Case for Trial

A trial is relatively rare, but a law firm should never be caught off guard when a case leads to the courtroom. A car accident lawyer should prepare every case as if it will go to trial. This way, if a car accident case does require a trial, the firm won’t miss a beat.

Building a trial-ready case means:

Obtaining a Wealth of Accident-Related Evidence

Strong evidence makes for a strong case.

Your attorney will seek any evidence that benefits your case, which may include:

• Video footage of your accident, which may come from traffic cameras, security cameras, or other sources
• A police officer’s report detailing your accident
• Photographs of damaged vehicles
• Eyewitness testimony
• Expert testimony
• A digital or physical reconstruction of the accident

Your lawyer will also identify any evidence that can work against your case. They will prepare a defense for any such evidence.

Documenting the Client’s Damages

Your attorney will document your damages to prove the harm you suffered from the collision. Medical bills, images of your injuries, past income statements, expert testimony, and invoices for property expenses can all be important documentation in your case.

Calculating Exactly How Much Money the Client Deserves

Every car accident victim has a different injury profile and psychological response to an accident. Property expenses can also vary significantly between car accident cases. Your attorney will personally investigate your damages and determine how much compensation you deserve.

Calculating non-economic damages can be difficult. After all, what price do you place on traumatic memories or lost quality of life?

Car accident lawyers know how to calculate these damages and may use either the multiplier or per-diem calculation methods. You can trust that a lawyer will have systems to ensure the accuracy of your settlement calculation.

Negotiating Relentlessly for the Client

Your car accident lawyer will negotiate a settlement with the liable insurance company, which may involve:

• Presenting evidence of who caused the car accident (and who, therefore, is financially responsible for the collision)
• Presenting documentation of your damages
• Detailing their calculation of your damages
• Answering any questions the insurance company’s negotiator poses

Your lawyer should stand behind their calculation of your damages. If you hire a law firm with a history of case results and a strong reputation, you can rest assured that they will negotiate tirelessly on your behalf.

Addressing Any Challenges the Insurance Company Poses Toward the Case

Insurance companies aim to pay out as little as possible, no matter whether a claim is small, average, or large.

The financial model of insurance calls for insurance companies to fight claims, and an auto insurer may:

• Claim that someone is at fault for a car accident (even if this isn’t true)
• Try to convince an accident victim to accept a lowball settlement offer
• Try to confuse an accident victim and have them accept fault for an accident
• Stall, which may serve several purposes
• Misrepresent the facts of an insurance policy

Your lawyer will address any challenges an insurance company puts in their way. Car accident attorneys understand and can prepare to counter insurers’ bad-faith tactics.

Willingness to Going to Trial

Your law firm must prepare to pivot from settlement negotiations to a trial. Your lawyer can continue negotiating a settlement with a liable insurance company even once the trial begins.

What Damages Will a Lawyer Seek Compensation for (Either Via Settlement or Verdict)?

Several damages are common to car accident cases, and your lawyer will seek fair compensation for both your economic and non-economic damages. Your lawyer will consider:

Medical Expenses

Your attorney will calculate the cost of all your accident-related medical expenses. From the moment of your accident until the day you complete rehab (if that day will come), your lawyer will maintain a record of your injuries and medical care.

If you have a disabling injury that won’t heal, your attorney will consult medical professionals about future care costs.

Lost Income

When an accident victim cannot work after their collision, they may lose:

• Income
• Earning power
• Benefits
• Bonuses
• Promotions
• Psychological fulfillment you derive from your job

Professional harm can contribute to financial and psychological stress, and your lawyer will gauge the full scope of your professional damages.

Property Costs

Property expenses from a car accident can include:

• Vehicle repairs.
• Replacement of a totaled vehicle.
• Replacement of a damaged cell phone.
• The cost of a rental vehicle.
• Any other expenses related to property damages.

A Wrongful Death

The most severe car accidents result in a victim’s tragic passing.

These cases cause immense harm to surviving loved ones, who may face:

• Pain and suffering, with grief often being the most prominent
• The cost of grief counseling, medications, and other treatments for pain and suffering
• Sudden financial stress because they’ve lost a primary earner
• The loss of a spouse’s companionship
• The loss of a parent’s guidance
• The loss of the decedent’s household contributions
• Funeral expenses

For many surviving loved ones, a wrongful death lawsuit is the only way of pursuing justice. Even if someone (such as a drunk driver) faces criminal charges for a fatal accident, surviving loved ones have the right to file a wrongful death lawsuit.

Don’t Wait to Hire Your Car Accident Lawyer

You will likely face a filing deadline for a car accident lawsuit, so your attorney will work to file your claim as soon as possible. However, a personal injury lawyer can’t do anything for you until you call them. Don’t wait to find the right law firm to lead your car accident case and set up your initial consultation. Doing so can give you immediate peace of mind.

As a passenger with injuries, you may file a car accident claim through the driver’s insurance or a third party’s insurer. You can also sue anyone whose negligence contributed to the accident.

A car accident lawyer will explain the steps to take after the accident. They will provide advice specific to your unique circumstances. If you elect, a lawyer can even pursue the compensation you deserve for injuries and other damages.

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How You File a Car Accident Claim Depends on Several Factors

No single blueprint will lay out how a passenger in a car accident should file a claim. There are merely too many differences between each action to give catch-all advice.

Some of the factors that will determine how you pursue compensation as an injured passenger are:

Insurance Rules in the State Where the Car Accident Happened

Each state handles car accident insurance claims differently. To understand your options for seeking compensation, you must understand the insurance rules in the state where the accident happened.

States fall into one of two primary categories:

• No-fault auto insurance states: In no-fault auto insurance states (like Florida), every motorist is entitled to compensation from their own insurer, even if they cause the accident. An injured passenger in a no-fault state may file a claim with the insurer for the driver whose vehicle they were riding in, even if another motorist caused the collision.
• Fault-based auto insurance states: In fault-based states (like Washington), the insurer for the at-fault motorist generally must cover a passenger’s medical bills and other covered losses.

There are variations of each of these categories. Your lawyer will explain all relevant insurance rules in your state, as these rules may affect how you file a car accident claim.

The Insurance Status of All Drivers Involved in Your Accident

Every motorist chooses their insurance coverage, and some motorists choose (illegally) to drive without insurance. The details of liable parties’ insurance policies will affect how a passenger pursues compensation.

For example, assume that:

• A liable motorist has no insurance: More than 12 percent of American motorists drive without insurance at any given time. If an uninsured motorist caused your accident and other insurance options do not cover your losses, you may sue the uninsured motorist.
• A liable motorist purchased more than the minimum insurance: If an at-fault motorist purchased insurance beyond the state’s mandated coverage limits, this can be positive for all parties. You may collect all the compensation you need through insurance, so you will not have to file a lawsuit.

These are just two examples of how insurance-specific factors can influence your approach to seeking compensation.

The Amount of Insurance Coverage You’re Entitled To

Whether you file a lawsuit will boil down to a few straightforward questions:

1. What is the total cost of your accident-related losses?
2. Will insurance coverage pay for the cost of your accident-related losses?

If the amount of insurance coverage you receive covers your accident-related losses, you may not have to file a lawsuit. Therefore, the total value of your insurance coverage will determine your post-accident legal strategy.

The Nature and Severity of Your Injuries

Injuries are a key focus when calculating the cost of a car accident. The more significant your injuries are, the more expensive your damages.

Therefore, as you determine how to seek compensation as the passenger in a car accident, you must consider:

• The specific injuries you suffered
• The nature and severity of your injury symptoms
• Whether any injuries are disabling
• How the healing process goes (and how long it takes)
• The severity of pain resulting from your injuries
• The current and future cost of treating your injuries

Your lawyer will work with medical professionals to evaluate your injuries and care needs.

The Total Cost of Your Accident-Related Damages

Your lawyer will answer one critical question: How much does my client’s accident-related damages cost?

Your lawyer will:

1. Calculate the cost of both economic and non-economic losses from your accident
2. Project the cost of any future losses you’re going to experience (like the cost of rehabilitation)
3. Determine the most appropriate way to seek compensation based on the cost of your accident-related losses

The total cost of your losses will be vital to your lawyer’s legal strategy. If the best offer from a liable insurer does not cover your total losses, your attorney may proceed with a lawsuit.

However You Seek a Financial Recovery, a Lawyer Can Lead the Fight

Whether your case ends with an insurance settlement or proceeds to court, a lawyer can be a priceless asset to you.

Passengers hire a car accident lawyer because of:

• Time constraints: Those involved in car accidents often have little time to spare. You may not have the time or capacity to pay enough attention to your claim or lawsuit, but a lawyer can. While you focus on recovering and overseeing your personal and professional obligations, your lawyer will work toward your financial recovery.
• Physical and mental limitations: Injuries from your accident—including mental health struggles—may prevent you from handling your claim effectively. Your health, claim, or both may suffer if you’re trying to handle the process while injured.
• Unfamiliarity with insurance claims or lawsuits: The typical car accident victim does not understand the demands of insurance claims and lawsuits. Rather than diving straight into the chase for compensation, you may have to learn about the process. A lawyer, on the other hand, will proceed without hesitation.
• A lawyer’s substantial experience and training: Lawyers spend many of their working hours negotiating with insurers and trying court cases. Don’t underestimate the benefit of a lawyer’s relevant experience. A car accident lawyer can anticipate the challenges ahead and respond quickly to the demands of your claim or lawsuit.
• A law firm’s personnel: When you hire a car accident lawyer, you get the support of an entire firm. Your lawyer will come with paralegals, investigators, and possibly third-party experts. This legal team will be better positioned to present a stronger case than you.
• A law firm’s financial support: Car accident law firms provide substantial financial support for their clients’ cases. A law firm will handle your entire case without presenting a bill to you. Instead, your firm will only receive a fee if they secure a financial recovery for you.

Car accident victims experience more than enough stress when involved in a collision. Claims and lawsuits can be immensely stressful and may be more than you can take on right now. Your health and case for compensation may benefit from your decision to hire a lawyer.

What Car Accident Lawyers Can Do For Injured Passengers

Before hiring a lawyer, know what to expect from them. Your attorney will:

Oversee Paperwork, Communications, and Every Other Detail of Your Case

Car accident lawyers take complete command over their client’s fight for financial recovery.

Therefore, expect your lawyer to:

• Draft and file your claim or lawsuit
• Proofread all paperwork to ensure accuracy and completion, reducing the likelihood that insurers will deny your claim(s)
• Review and respond to all correspondence from insurers
• Interact directly with insurers, which will prevent them from violating your rights

Your physical recovery should come first right now. With a lawyer leading your case, you won’t have to worry about a single detail of your claim or lawsuit.

Document Damages from Your Car Accident

You are seeking compensation because your accident has caused you harm, and your lawyer will pursue compensation reflecting that harm.

An attorney may document your accident-related damages using:

• Images of injuries
• Medical records
• Medical bills
• Testimony from mental health experts
• Testimony from doctors
• Invoices for property expenses

Your lawyer will present this documentation as they negotiate with liable insurers. If your case goes to court, your lawyer will present the documentation to the judge and jury.

Establish Fault (and Financial Liability) for Your Car Accident

Fault is a key consideration when a passenger suffers injuries. Your lawyer will determine who owes you compensation.

As your lawyer investigates your car accident, they will obtain witness accounts, video footage, and other evidence indicating fault.

Negotiate a Settlement with Insurers

An insurer is likely responsible for your accident-related damages.

Your lawyer will negotiate with liable insurers, overcoming specific challenges like:

• Denials of your insurance claim(s)
• Undervaluation of your damages
• Lowball settlement offers
• Delays in the resolution of your claim

Insurance companies sometimes refuse to pay claimants fairly, which is the most financially beneficial decision for the corporation. However, your lawyer will hold insurers to the policies they’ve issued—policies that may entitle you to compensation.

File a Lawsuit and Go to Trial (If Necessary)

Most car accident cases settle, and yours may too. However, a law firm must always be willing to proceed to trial on their client’s behalf. If a law firm will not take your case to trial, it may not negotiate from a position of strength.

Many injury firms have proven their willingness to go to trial. As you research attorneys who may lead your car accident case, review their case results and ask directly: Will you take my case to trial if it is the right decision for me?

Recoverable Damages You May Receive Compensation For

The cost of each car accident victim’s damages can vary drastically. The severity of your injuries will be one of several factors determining your claim’s value.

Your lawyer will complete a personalized evaluation of your accident-related losses and may seek compensation for:

• Medical expenses: If you receive emergency care, hospital services, medication, or other medical services after your accident, your attorney will total your medical expenses. You should be free to receive all the care you need because you’re confident a lawyer will obtain coverage for that care.
• Pain and suffering: Anxiety, post-traumatic stress disorder (PTSD), depression, and other forms of pain and suffering may entitle you to compensation.
• Lost income and other professional damages: If your car accident leads to lost income, missed bonuses, diminished earning power, or any other professional harm, your lawyer will seek fair compensation for these damages.
• Property expenses: If your personal property suffered damage during the car accident, your lawyer will include those property expenses in your case.

An attorney will speak with you, medical professionals, and other experts to diagnose and value your damages.

When looking for a lawyer, find a team that:

• Has significant case results
• Has positive reviews from former clients
• Offers a contingency fee structure
• Shows respect and personal care during your free consultation

Choosing the right lawyer can lead to victory in your case.

Hire an Attorney as Soon as Possible Today

There is no immediate or out-of-pocket cost for you to hire a lawyer. Therefore, there is no reason to wait any longer to retain an attorney. Your lawyer may have a limited time to file your case and gather evidence, and time is of the essence in your case. Act immediately to consult with an experienced personal injury attorney near you and discuss possible representation of your car accident claim.

The statute of limitations in a car accident claim varies from state to state. For example, car accident victims in Florida generally have two years to file a personal injury lawsuit. Additionally, if someone passes away from injuries suffered in a car accident, their loved ones typically have two years to file a lawsuit.

Accident victims need a car accident lawyer who can meet these deadlines, as doing so will determine whether the victim will receive the compensation they deserve for accident-related damages.

Examples of Car Accident Statutes of Limitations in Different States

While most states have time limits between two and three years, these statutes vary from state to state and can range from one to six years. If you suffer injuries in a car accident or lose a loved one to a fatal accident, you should quickly determine the statute of limitations in your state.

Some examples of state-by-state statutes of limitations include:

• Washington State: Three years
• California: Two years
• Tennessee: One year
• New York: Three years
• Texas: Two years
• Missouri: Five years
• Pennsylvania: Two years
• Illinois: Two years

If you must file a lawsuit against a municipality (such as a city), you may face an even shorter filing deadline. No matter how long the law gives you to take legal action, always begin the process by contacting a car accident attorney immediately.

What Is the Significance of the Statute of Limitations?

When pursuing justice for a car accident, few things are more important than the statute of limitations, because:

States and Courts Take These Deadlines Seriously

Statutes of limitations are not optional. The legal code in each state dictates these deadlines, so the filing deadline is a matter of law.

While there are some exceptions to the statute of limitations, most car accident victims must file their cases within the statute of limitations.

You May Not File a Lawsuit if the Statute of Limitations Expires

There is a strong chance that you cannot file a lawsuit once the statute of limitations expires. You should never assume that your case will fit one of the rare exceptions to which the statutes of limitations do not apply.

Odds are, you’ll have to file your injury or wrongful death lawsuit before the statute of limitations expires if you want to pursue maximum compensation for your accident.

If You Can’t File a Lawsuit, You May Lose All Leverage

You may obtain compensation for a car accident if you:

1. Negotiate an insurance settlement
2. File a lawsuit and negotiate a settlement as part of the legal process
3. File a lawsuit, take the case to trial, and convince a jury to award you compensation

The goal is to have an insurance company pay the compensation you deserve. When a car accident victim does not receive a fair settlement offer from an insurer, they can file a lawsuit. By filing a lawsuit, you notify the insurance company that you will take legal action to achieve a fair financial recovery.

If you cannot file a lawsuit because the statute of limitations expires, you will lose critical leverage in negotiations with an insurer. Without the potential of filing a lawsuit, the insurance company may adopt a take it or leave it approach to negotiations—and you can do nothing about it.

Missing the Filing Deadline Could Mean Missing Out on Compensation You Badly Need

You now know that if you do not file your lawsuit by the statute of limitations, you may:

1. Lose negotiating power with insurers
2. Lose your ability to file a lawsuit
3. Have to accept the best settlement the insurer offers (if it offers a settlement at all)

You may not receive the compensation you deserve when you accept the insurer’s best offer without legal recourse (i.e., filing a lawsuit).

This can mean:

• The money you receive from an insurer will not pay the cost of your damages
• You will have to pay out of pocket for accident-related damages
• You may face significant financial and psychological stress because you did not file your lawsuit in time

The point is this: Act quickly to retain a lawyer so they can file your case before the statute of limitations expires.

You May Need to Report Injuries and File a Claim Immediately After Your Accident

You may face one or more deadlines in addition to the statute of limitations.

For example, you may need to:

1. File an insurance claim within a short time after your accident
2. Report any injuries resulting from the accident (to an insurance company or other parties)

Some time may have already passed since you were in a car accident. You should not wait any longer to report your accident, document your injuries, and file any lawsuit you must pursue. Hiring an attorney is the surest way to address these essential tasks.

You Must Receive Complete Medical Care and Document Your Injuries

Even though time might have passed since the accident, it’s never too late to get medical treatment—even if you have already received some treatment.

Every car accident victim should:

• Receive a full-body exam: Some injuries suffered during car accidents do not present immediate or obvious symptoms, with whiplash being one of those injuries. Receiving a complete exam will ensure you are aware of all your accident-related injuries, even those that aren’t causing detectable symptoms.
• Explain all diagnosed and undiagnosed symptoms to a doctor: You should voice all your concerns to a doctor, including any symptoms you’ve been experiencing since the accident. This way, the doctor can provide diagnoses and treatment plans for all of your accident-related injuries.
• Request imaging: Medical images are, in many cases, the more irrefutable proof of accident-related injuries. Ask your doctor whether X-rays, MRIs, CT scans, or other imaging services can show your injuries.
• Receive copies of all diagnoses and images: Documenting your injuries, symptoms, and medical care is pivotal to building a solid case. Request copies of all diagnoses, bills, and medical images for accident-related care.
• Follow the doctor’s orders: If you do not follow your doctor’s advice, the insurance company or other liable parties may use your disobedience against you. These parties may claim that you’re not as injured as you say or that you made your injuries unnecessarily worse if you don’t rest and recover per the doctor’s orders.

An attorney can ensure you make other smart actions after your collision.

How Can I Ensure That the Statute of Limitations Does Not Expire in My Car Accident Claim?

Even healthy people cannot easily keep track of an insurance claim or lawsuit. When you’re recovering from injuries or grieving a loved one’s passing, fighting for fair compensation grows more challenging, if not impossible.

Many car accident victims hire a trusted car accident lawyer to:

• File their insurance claim or lawsuit before any deadlines expire, including the statute of limitations
• Provide personalized legal advice
• Protect them from insurance companies and other parties whose agenda may not align with the accident victim’s
• Fulfill all of the obligations of the claim or lawsuit
• Fight for the entire financial recovery the victim is entitled to

When you speak with prospective lawyers, your car accident lawyer will explain how long you have to file a lawsuit. More importantly, your lawyer will prepare all necessary documentation and file your claim as quickly as possible.

How Can a Car Accident Lawyer Help With My Claim?

Car accident attorneys share a common goal: ensuring their client’s full financial recovery. Though the details of each case are unique, car accident lawyers also provide a similar range of duties for clients, including:

Pursuing Evidence From the Car Accident

Evidence is, in many cases, the foundation of a winning claim or lawsuit.

Your attorney will seek any evidence that can help your case, which may include:

• Eyewitness accounts of the car accident
• Experts’ reconstructions of the accident
• Video of the accident
• Photographs of the accident scene, including vehicle damage that proves how the vehicles collided

A police report can also support your case for compensation. An attorney will move quickly to obtain all relevant evidence and incorporate that evidence into your claim or lawsuit.

Leading Communications (Which Means Protecting the Client)

Car accident lawyers manage case-related communications for their clients and do so because:

• Lawyers want to manage every detail of the case, ensuring that the case is cohesive.
• Whenever a car accident victim speaks with an insurance company or defense lawyer, they risk saying something that may hurt their case.

Hire a lawyer so you can focus on recovery rather than your claim. By overseeing all communications, a lawyer will ease your mind and allow you to focus elsewhere.

Negotiating with the Insurance Company

Once they have identified and calculated your damages, your lawyer will begin negotiating for your financial recovery. Car accident lawyers typically negotiate with insurance companies, though in some cases, they negotiate with a lawyer representing a liable party (such as an uninsured motorist or vehicle manufacturer).

Starting a Trial if Necessary

While most car accident claims end with a settlement in the victim’s pocket, some go to trial. If settlement negotiations come to a standstill and your lawyer believes that a trial is in your best interest, they’ll discuss moving forward to the courtroom.

Damages Car Accident Lawyers Often Seek Compensation For

Most car accident victims who hire a lawyer do so because their accident-related damages are costly, and they know a lawyer can secure a just financial recovery for them. Your attorney will fight for a financial recovery that compensates you for all your damages, which may include:

Pain and Suffering

Car accident victims sometimes experience:

• Traumatic memories of the collision, which may qualify as post-traumatic stress disorder (PTSD)
• Depression
• Anxiety
• Chronic pain
• Lost quality of life

Every accident victim has different emotional, psychological, and physical symptoms. Your lawyer will evaluate your symptoms and determine the monetary cost of your pain and suffering.

Professional Damages

Injuries from a car accident may cause you to lose:

• Income
• Promotion opportunities
• Performance bonuses
• Earning power
• Benefits

Such professional damages should be part of your car accident claim.

Vehicle Damage and Other Property-Related Costs

Your lawyer will gather invoices for bodywork, replacement parts, and other vehicle repairs. They will also consider the cost of temporary transportation and other property-related damages from your accident.

Healthcare Costs

Your attorney should seek full compensation for your accident-related medical bills. Regardless of your injuries, you should not have to pay out of pocket or suffer rising health insurance premiums for injuries you are not responsible for.

If you’ve suffered any other damages or faced a loved one’s wrongful death because of a car accident, your attorney will consider all your damages when leading your claim.

Hire Your Lawyer Before the Statute of Limitations Expires

Your case may have a strict filing deadline, so don’t wait to hire your personal injury lawyer. Seek a legal consultation immediately to begin your case within the timeframe the law allows.

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Intersections are common accident sites, as high volumes of traffic bottleneck through them. Many fatal or injury-causing accidents happen at hectic intersections.

Because of their frequency, many insurance claims and lawsuits focus on intersection accidents. When an accident happens, you must allow a car accident lawyer to diagnose liability, evaluate your damages, and fight for a fair financial recovery.

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These are just a few of the most common reasons for intersection accidents. If you or a loved one suffered injuries in this type of collision, an attorney can fight for your financial recovery.

You must have a legal professional assess what happened and determine the cause of your accident. The question of who is at fault for your accident will determine how you file an insurance claim and who you seek compensation from.

Conditions That May Make an Intersection Unusually Dangerous

Not all intersections are the same, and some are significantly more dangerous than others.

An intersection may pose an abnormally high accident risk if:

• It has a high traffic volume: Intersections that many motorists use may have more total accidents than less busy intersections. This may merely be a numbers game—the more vehicles that pass through, the more statistically likely an accident becomes. However, busy intersections may also cause frustration for drivers, making them more likely to rush or make dangerous driving decisions.
• Many pedestrians frequent the intersection: Intersections, where motorists and pedestrians interact closely and frequently, may pose a high risk of vehicle-on-pedestrian collisions. This accident type can be especially serious, as pedestrians have little physical protection from larger, heavier motor vehicles.
• It has blindspots: Intersections with visual obstructions, such as hedges, awkward traffic signals, or trees, may be notorious for being accident sites. A municipality must take all necessary action to remove visual hazards and reduce the risk of intersection accidents.
• It has confusing signals: If an intersection’s traffic signals are unclear, outdated, inappropriate, or otherwise hazardous, the defective signals pose an unacceptable risk of contributing to accidents.
• It has poor lighting: Poorly lit intersections can endanger motorists and pedestrians, especially at night.

Someone (or some institution) can prevent or fix each of these hazards. A municipality can remove visual obstructions and update traffic signals. A motorist can exercise patience and caution at a high-volume intersection. Pedestrians can do the same.

When an intersection accident happens, one of the first priorities is identifying the cause and establishing liability.

Who Is Liable for an Intersection Accident?

Your lawyer can diagnose liability for your accident once they’ve gathered all relevant facts and evidence.

Potentially liable parties include:

• Motorists, whose negligence is the most common cause of intersection accidents (and traffic accidents in general)
• Municipalities, who may be responsible for defective traffic signals and certain other hazards present at an intersection
• Motor vehicle manufacturers and sellers, who may be liable if a defective vehicle leads to an intersection collision
• Pedestrians, who may cause an intersection accident by entering traffic when they should not

Car accident lawyers make no assumptions about liability. Instead, they gather and review evidence and make a factual determination about who caused the accident. This is the approach your own lawyer should take, too.

Injuries That Can Result From Intersection Accidents

There are no injuries specifically associated with intersection accidents. There are, however, injuries common among auto accident victims, which include:

Whiplash

Whiplash happens when someone’s neck and head move rapidly back and forth in a whip-like motion. Though many associate whiplash with rear-end accidents, it may also result from other accidents.

Whiplash symptoms may not appear just after your accident, so seek out a medical provider as soon as possible.

Broken Bones

Broken bones can cause immense immediate pain and may result in lingering symptoms if broken bones do not heal properly.

Traumatic Brain Injuries

Brain injuries are especially serious, as your brain plays a vital role in your bodily function and daily life. Some traumatic brain injuries never heal.

Your attorney may work with neurological specialists to diagnose brain injuries, develop a treatment plan, and determine the cost of necessary treatment for your brain injury.

Injuries That Affect Your Outward Appearance

Some accident-related injuries can affect your appearance, causing pain and potentially affecting your self-esteem and identity.

Such injuries include:

• Cuts (including severe lacerations)
• Burns
• Severe scrapes
• Amputation injuries
• Eye injuries
• Severely broken bones

Injuries that have a visual effect can cause immense pain and suffering. Your lawyer will consider the pain and suffering such injuries have caused you. They will also determine the cost of any procedures you will undergo to restore your pre-accident appearance.

Spinal Cord Injuries and Other Back Injuries

Broken vertebrae, sprains, herniated or bulging discs, and other back injuries can be immensely painful. A spinal cord injury may paralyze you, resulting in millions of dollars in lifelong care costs.

Other Damages That an Intersection Accident Victim May Suffer

Any injury from an intersection accident can cause both economic and non-economic damages, including:

• Medical expenses: Your attorney will tally your accident-related medical expenses. The type and severity of your injuries will determine the cost of your intersection accident case.
• Pain and suffering: Accident victims who experience lasting physical pain, post-traumatic stress disorder (PTSD), depression, anxiety, or other forms of pain and suffering can seek compensation for these damages. Your lawyer will also consider the cost of any treatment you seek for these damages.
• Property expenses: If an intersection accident caused damage to your vehicle, phone, clothing, or other property, your lawyer will include these property costs as they calculate a settlement target.
• Lost income: Injuries may cause you to lose your income, whether you earn a salary or hourly wages. In addition to basic income, you may lose the opportunity to earn performance bonuses and promotions.
• Diminished earning power: If you can eventually return to work, you may only earn a percentage of the amount you earned pre-accident. Disabling injuries may prevent you from working full-time hours or may cause you to change careers.

Your attorney will evaluate your damages one by one. Before entering settlement negotiations, your attorney will have a detailed record of your damages and their values.

Damages in a Fatal Intersection Accident Case

Thousands of intersection accidents each year are fatal. When a collision tragically claims one or more victims’ lives, the victim’s loved ones may take legal action against liable parties.

A wrongful death lawsuit may provide compensation for:

• Your pain and suffering, including grief
• Any pain and suffering the decedent experienced before passing away
• The loss of a spouse’s companionship, comfort, and intimacy
• The loss of a parent’s guidance and support
• The loss of the decedent’s contributions to their household
• The loss of the decedent’s income, which their household may rely upon
• Funeral expenses
• Medical bills for end-of-life care and other post-accident medical treatment

The legal process is the last thing you want to focus on after a wrongful death. An attorney can lead a lawsuit—a necessary step to obtain justice and restore the damages you’ve suffered—while you focus on your mental health and loved ones.

What Should a Victim Do After an Intersection Accident?

Every intersection accident victim should take measures to protect their health and any financial recovery they plan to pursue.

Protect your health by:

1. Accepting or seeking medical treatment, which may mean going to the doctor now that you’ve (likely) left the accident scene
2. Asking the in-charge medical professional to provide a written, detailed diagnosis of your injuries
3. Obtaining a copy of any diagnoses, bills, and other medical documentation related to your accident-related injuries

If you take these steps, you add value to any case your lawyer will make. Your lawyer will use documentation of your injuries, symptoms, and medical treatment, and you can hand this documentation over when your lawyer takes over your case.

Take Steps to Protect Your Financial Recovery

To obtain a financial recovery, you must think proactively.

Protect any potential financial recovery by:

• Hiring an attorney as soon as possible, as they’ll take over the insurance process and start legal proceedings if necessary
• Refusing to provide on-the-record statements to insurers until you’ve retained an attorney
• Documenting the physical, psychological, and emotional symptoms of accident-related injuries
• Refraining from engaging in any strenuous activity, as insurers or other liable parties may use this to claim you aren’t as injured as you claim

Hire an attorney to shepherd you through the process ahead, protecting your rights and allowing you to focus on your health.

How a Car Accident Lawyer Will Fight for Your Financial Recovery

Car accident lawyers take on several roles for their clients, from advisor to negotiator to litigator when necessary.

Your attorney will:

• Lead all case-relate communications, including those with insurance companies
• Secure evidence from your accident as quickly as possible
• Document your accident-related damages, including future damages
• Calculate a fair settlement value
• Negotiate a settlement with liable insurers (or other liable parties)
• Complete any necessary trial

Once you hire a lawyer to lead your intersection accident case, you can return your attention to your health and daily life. Your attorney or their legal team will contact you if they need you to do anything.

Hire an Auto Accident Lawyer Before Your Case’s Filing Deadline Expires

Most intersection accident cases come with strict filing deadlines. If you don’t allow your attorney enough time to file your case, you may forfeit your right to pursue financial recovery. This can leave you financially devastated, as it may force you to accept a lowball settlement or bear all accident-related costs on your own.

Consulting a personal injury attorney costs nothing, and there is no obligation to hire the firm following your meeting. You can learn about your rights and promptly begin the legal process soon after you consult the right law firm.

If you are partly to blame for your accident, you may still receive compensation for your damages. Many states have comparative negligence statutes that account for circumstances just like yours.

While rules about comparative negligence vary from state to state, many states adopt a common approach. In these states, so long as you have 49 percent or less of the share of fault for an accident, you can pursue compensation for your accident-related losses with the help of a skilled car accident lawyer.

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Your State’s Statutes Are Critical in Determining If You Can Receive Compensation

Comparative negligence statutes exist in many states, but not all of them. If your state adopts a comparative negligence statute, you can collect compensation equivalent to the other party’s share of fault for the accident.

Here’s an example illustrating how comparative negligence statutes generally work:

• A motorist is speeding, driving 15 miles per hour over the speed limit on the highway.
• As they approach the vehicle in front of them and prepare to pass, the motorist in front stops suddenly for no apparent reason.
• The speeding motorist swerves to avoid striking the vehicle in front but clips the side of the vehicle’s rear bumper.

In this case, the lawyer for the speeding motorist might argue that the collision might not have happened if the other motorist did not brake suddenly. Depending on how experts assess liability, they may deem the speeding motorist partially responsible for the collision.

Contributory Negligence Statutes Bar Any Liable Party from Suing for Damages

In states that use a contributory negligence framework, someone cannot seek compensation from another party if they contributed to an accident. Even if authorities deemed you responsible for 1 percent of an accident, you cannot file a lawsuit against the party who was 99 percent responsible for the accident.

Some States Have a Unique Twist on Contributory Negligence or Comparative Negligence

If you review a list detailing how each state handles car accident cases, you’ll see contributory negligence and comparative fault. You will also see terms like modified comparative negligence and modified comparative fault.

Each state sets the rules for handling fault and liability in car accident cases.

The list of approaches includes:

• Pure comparative negligence
• Pure comparative fault
• Pure contributory negligence
• Modified comparative negligence

Rather than getting too deep into the details of each specific statute type, speak with an attorney who handles car accident cases in your area. They can explain the statutes and rules for shared-fault car accidents in your city and state.

Laws Related to Fault, Liability, and Car Accidents Are Always Changing

States regularly change their laws regarding how accident victims can (or can’t) seek compensation when multiple parties share fault.

Laws change because:

• States realize there is a specific issue in their law that requires a change
• States want to reduce the amount of car accident-related lawsuits
• Lawmakers face pressure from specific groups to alter the law

For example, in 2023, Florida adopted a modified comparative negligence system after years of using a pure comparative negligence framework. The new framework mandates that someone can only seek compensation from another liable party if the plaintiff is responsible for 50 percent or less of the accident.

Car accident lawyers pay close attention to fault-related laws and changes to those laws. Such statutory changes have immense ramifications for attorneys and their clients.

Evidence That Can Help Determine Fault for a Car Accident

Whether a car accident lawyer, insurance company, arbitrator, judge, or jury is determining the share of fault for an accident, there are many resources they can rely on.

One may assess liability by:

• Reviewing the police report: The police report documenting the accident may contain direct or implied statements about who is at fault for the accident. The officer’s description of the accident may alone speak to a fault.
• Interviewing witnesses: Witnesses are often neutral third parties who offer valuable perspectives on how or why an accident happened. A witness may indicate who was at fault (or most at fault) by describing how the accident occurred. A witness may also testify to events before or after the accident, such as seeing a motorist drinking before driving or hearing a motorist admit to causing the accident.
• Getting expert opinions about fault: Experts may testify about who they believe caused the car accident. An expert may also reconstruct a collision using digital or physical means, which establish that someone else caused the collision.
• Obtaining video footage of the accident: In most cases, video footage is among the most substantial evidence you can have in a car accident case. The footage may show how the accident happened, which may help prove who is most at fault.
• Reviewing statements from those involved in the accident: The motorists involved in the collision may make statements after the accident, perhaps to the other motorist, bystanders, a police officer, or insurance representatives. If a motorist admits to behaviors that caused the accident, those statements may help determine fault.
• Considering any other evidence that speaks to a fault: If there is any other evidence that helps establish who is at fault for the accident, insurance companies, lawyers, and other parties will consider that evidence.

Each accident has a unique story, and the fault is a crucial piece of the story. Your attorney will retell the story of your accident, highlighting the parties most responsible.

Causes of Car Accidents

Car accidents have many causes, and fault stems directly from the cause of each collision. Some of the parties who cause car accidents include:

Motor Vehicle Drivers

Motorists are the most common cause of car accidents and may cause a collision by:

• Running red lights
• Running stop signs or yield signs
• Speeding
• Tailgating
• Failing to use turn signals
• Changing lanes or braking abruptly
• Driving while distracted
• Driving while Engaging in any other dangerous driving acts

If a motorist caused your accident, their insurer may cover your damages, or they may be personally liable for your damages.

Motor Vehicle Manufacturers

When motor vehicle manufacturers make defective products, fail to issue necessary warning labels, or contribute to accidents in any other way, they must pay for damages that result from their negligence.

Municipalities

When dangerous road conditions cause (or contribute) to an accident, the municipality responsible for those road conditions may have to pay victims’ damages.

A municipality is generally responsible for:

• Placing work crews in dangerous positions
• Failing to repair roads with potholes, cracks, uneven pavement, or other defects that can cause an accident
• Downed or absent signage (such as a stop sign)
• Defective traffic signals
• Barriers placed too close to the roadway
• Any other road conditions that contribute to an accident

Suing a municipality comes with unique rules and deadlines, so don’t wait to hire a car accident attorney.

Pedestrians

If a pedestrian contributes to an accident, they may be liable for victims’ damages. For example, a pedestrian who jaywalks and causes a motorist to swerve and strike another vehicle may be solely responsible for the collision.

Other parties can be liable for accidents, especially knowing multiple parties can be at fault for a car accident. For example, an establishment that overserves a drunk driver may share liability with the driver for any resulting accident.

Steps to Take After a Car Accident

Some of the most valuable advice to follow after a car accident includes:

• Wait to make any on-the-record statements: Anything you say to insurance representatives, others involved in your accident, or bystanders can go against you in the claims or legal processes. Refrain from speaking to those involved in your accident, and hire a car accident lawyer before making any recorded statements.
• Rely on a lawyer: Car accident lawyers represent crash victims day in and day out. You cannot put a value on such an experience. If you want to present the strongest case for compensation, you’ll consider hiring a car accident attorney as soon as possible.
• Get as much medical care as you need: You must seek medical treatment after a car accident. You cannot seek compensation for injuries if you do not prove your injuries, and you cannot prove your injuries without going to the doctor.

Once you hire an attorney, they can guide you through the claims and legal processes. Your attorney can even refer you to medical providers, get copies of all case-related medical documents, and ensure you’re recovering.

How a Car Accident Lawyer Can Fight for Your Financial Recovery

A car accident lawyer will take your case out of your hands, ensuring your focus remains on your recovery.

Your lawyer’s duties will include:

• Protecting your rights, which starts with managing all communications with insurance companies
• Assisting you in making any record statements, including written statements
• Obtaining any evidence that benefits your car accident case
• Calculating the value of your accident-related damages
• Securing all available documentation of your damages
• Negotiating a settlement
• Taking your case to trial, if necessary

Most of these steps (aside from trial) are necessary in most car accident cases. However, lawyers customize their services and strategies to suit each case and client.

What if I Decide Not to Hire a Car Accident Lawyer?

You’ll handle the above-listed responsibilities independently if you do not hire a car accident lawyer. You may file a weak insurance claim or lawsuit if you skip any of those steps (perhaps because you lack time, energy, or resources).

For most car accident victims, filing a lawsuit is not a realistic expectation—unless they have a lawyer leading their case. If you do not have the credible threat of filing a lawsuit, an insurance company may not extend a fair settlement offer.

If you insist on leading your case, you may also:

• Worsen your injuries due to the physical stress of leading your case
• Experience severe psychological distress due to the cognitive demands of your case
• Have difficulty putting together a winning claim
• Suffer due to your inexperience in negotiations and other aspects of a claim or lawsuit

It’s praiseworthy to accept help from a car accident lawyer.

What Damages Should I Expect From a Car Accident Claim or Lawsuit?

Damages for car accident victims often include:

• Medical expenses
• Lost income
• Diminished earning power
• Pain and suffering
• Mental health treatment costs
• Temporary transportation costs

You should hire a lawyer if you lost a loved one in a car accident. That lawyer will speak with you about the harm you’ve suffered and fight for a fair financial recovery. This can be true even if someone points part of the blame at your deceased family member.

Hire Your Car Accident Attorney as Soon as Possible

If you wait too long to hire a lawyer, you may miss the filing deadline for your case. Hire a knowledgeable personal injury lawyer as soon as you can, as you may need significant compensation to cover your losses—compensation that no insurance company will provide without a fight.