How Much Does a Lawyer Cost for a Car Accident?

How Much Does a Lawyer Cost for a Car Accident?

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?

How Much Does a Lawyer Cost for a Car Accident?

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 Happens When Another Driver Is Negligent?

When other drivers engage in careless and reckless driving, they may bring about accidents that leave other drivers and passengers with serious injuries.

Some of the most common types of car crashes that result from driver negligence include:

  • Rear-end accidents, where a driver negligently causes the front of their vehicle to hit the back of another vehicle, usually because they are speeding or tailgating
  • T-bone or broadside accidents, where a driver negligently fails to yield the right-of-way at a highway merge lane or four-way traffic intersection, causing the front of their vehicle to strike the side of another vehicle
  • Head-on collisions, where a driver passes another vehicle in a no-passing zone or otherwise crosses the double centerline, causing the front of the vehicle to hit the front of a vehicle approaching in the opposite direction
  • Sideswipe accidents, where a driver negligently causes their vehicle to drift into an adjacent travel lane, striking the side of another vehicle

If you suffered injuries in one of these accidents because of a negligent driver, you should immediately consult a personal injury lawyer about your legal options. Your lawyer can explore all of your options and select the one that best suits your individual needs and the needs of your case.

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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.

Broken Bones in a Car Accident

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

Filing 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.

Tatiana Boohoff - Attorney for Car Accident
Tatiana Boohoff, Car Accident Lawyer

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.

Determining Fault

How to Tell Who is at Fault in an Accident

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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Fault: What It Means, and Why It’s Important

Determining Fault

After an auto accident, one of the first things insurance companies will want to know is who caused the accident. After an accident, insurance companies are always interested in who is at fault because it will dictate how much money they may owe. Washington is an “at-fault” state. In at-fault states, the person who caused the accident will be responsible for the damages. In other words, the at-fault party’s insurance provider will compensate the other party for any resulting damages.

Naturally, your car insurance company wants to prove that you were not at fault. Similarly, the other driver’s insurance company will strive to prove that they were not at fault. When you are deemed to be the at-fault driver, you will also be affected financially. The party who is at fault will likely face a rise in their car insurance rates.

In addition, they may be liable for additional damages in the event the other party’s claim exceeds the driver’s policy limits. This also means that if you are at fault in an accident and you also suffer injuries, you will be responsible for your own medical expenses, unless you elect to carry personal injury protection (PIP) insurance. When considering all of these variables, determining fault can become very tricky.

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

What to do after a Car Accident

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:

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?

Who is at Fault in an Accident

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

Tatiana Boohoff - Attorney for Car Accident
Tatiana Boohoff, Car Accident Lawyer

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.

How to File a Car Accident Claim as a Passenger

How to File a Car Accident Claim as a Passenger

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:

How to File a Car Accident Claim as a Passenger

  • 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.

Pursuing a Lawsuit Is the Right Choice for Many Injured Passengers

Many passengers injured during car accidents ultimately resort to lawsuits.

Your case may go to court because of:

  • Lack of insurance policies covering your damages
  • Coverage limits too low to cover your damages
  • Insurance companies refusing to offer a fair settlement

Your lawyer may initially file an insurance claim on your behalf and will negotiate tirelessly to secure the best possible settlement offer. However, if it becomes apparent that an insurance settlement will not provide the money you deserve, your lawyer may encourage you to pursue a lawsuit.

A lawyer’s ability to file and complete a lawsuit is one of their greatest benefits to you. An insurer who knows a lawyer will take a case to court may choose to settle, knowing that a trial can lead to an unfavorable outcome for the insurer.

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:

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

Tatiana Boohoff - Car Accident Lawyer in Tampa
Tatiana Boohoff, Tampa Car Accident Attorney

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.

What Is the Statute of Limitations in a Car Accident Claim

What Is the Statute of Limitations in a 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.

Statute of Limitations

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.

Documenting and Calculating Damages

Lawyers must focus intently on their client’s damages. After all, these damages are the centerpiece of any car accident claim or lawsuit. The cost of your damages will determine how much compensation your lawyer seeks for you.

After creating a detailed record of your damages, your lawyer will determine the financial cost of those damages.

Your attorney may also secure proof of the damages using:

  • Medical bills
  • Medical images
  • Medical experts’ diagnoses
  • Mental health experts’ diagnoses of your pain and suffering
  • Invoices for vehicle repairs and temporary transportation
  • Any other documentation that speaks to your accident-related damages

Such documentation will go hand in hand with the calculation of your damages.

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:

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

Tatiana Boohoff - Car Accident Lawyer in Tampa
Tatiana Boohoff, Car Accident Attorney

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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Intersection Accidents and Injuries

Intersection Accidents and Injuries

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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Why Intersection Accidents Happen

Intersections involve many different accident threats present all at once.

A nearly endless list of hazards and driver actions can cause an intersection accident, including:

Intersection Accidents and Injuries

  • Drunk driving: Drunk drivers are dangerous on any road, including those that lead to intersections. A drunk driver may not comprehend the various movements and signals at an intersection and may cause an accident.
  • Running traffic signals: Any motorist who runs a red light, turns dangerously without having the green arrow, or disregards any other traffic signal at an intersection is likely liable for a resulting collision.
  • Turning into oncoming traffic: Those who turn at an intersection without checking for oncoming traffic may cause a collision, especially if they do not have the right of way.
  • Vehicles that lack safety-related features: For example, if a vehicle does not have two functional rearview mirrors, someone may merge dangerously and cause an accident at an intersection.
  • Defective traffic signals: Broken traffic lights endanger any motorist or pedestrian who must proceed through an intersection. Additionally, flashing yellow or flashing red traffic signals at an intersection that should have traditional traffic lights pose an accident risk.
  • Failing to yield the right of way: Intersections often require motorists to yield the right of way, such as when you turn left on a green light. Motorists who fail to properly analyze the right of way, or do not yield the right of way, can cause serious accidents.
  • Speeding: Motorists who speed through an intersection may face a higher risk of running a red light, striking a vehicle turning into the intersection, striking a pedestrian, rear-ending a vehicle that stops for a red light, or losing control of the vehicle. Speeding kills more than 12,000 people annually, and statistics indicate that many fatal speeding-related accidents occur at intersections.
  • Vehicle-related hazards: A defective motor vehicle (such as one with tires low on air or worn-out brakes) may cause an intersection accident.

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

Tatiana Boohoff, Seattle Car Accident Lawyer
Tatiana Boohoff, Car Accident Lawyer in Seattle

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.

What if I Am Partly to Blame for My Car Accident

What if I Am Partly to Blame for My Car Accident?

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.

What if I Am Partly to Blame for My Car 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.

Who Determines Fault for a Car Accident?

Insurance companies are generally the first to determine fault for a car accident. However, if you disagree with an insurer’s assessment of fault, you may hire a lawyer to issue a legal challenge to the insurer’s ruling.

Your attorney and the insurance company may refer the matter of fault to arbitration, in which case a neutral third party may determine who is at fault for the accident, what amount of compensation you should receive, and who should pay that compensation.

If your attorney pursues a lawsuit, they may take your case to court. In this case, a jury will review evidence and testimony and determine who is at fault for the car accident. The jury also generally awards damages to any deserving party.

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

Tatiana Boohoff - Attorney for car accident in Tampa
Tatiana Boohoff, Tampa Car Accident Lawyer

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.

Car Accident in a Friend's Car: Who Is Liable? The Car Owner or the Driver?

Getting Into a Car Accident in a Friend’s Car: Who Is Liable? The Car Owner or the Driver?

In most car accident cases, determining liability is fairly simple. The first question is which driver caused the accident, as the insurance laws in a state may require the at-fault motorist’s insurer to cover their victims’ medical bills and property expenses.

What happens when someone in a car accident does not own the vehicle they were driving? If you are in a car accident in a friend’s car, the friend’s insurance will generally cover your and any third party’s losses—but not always. You will need to consult a car accident lawyer to know for sure.

The Car Owner’s Insurance Typically Covers Accident-Related Losses

Car Accident in a Friend's Car: Who Is Liable? The Car Owner or the Driver?

Auto insurance policies, in reality, apply to the vehicle just as much as the driver. So long as the friend involved in the accident is not a regular user of the vehicle, the vehicle owner’s auto insurance should cover the friend’s medical bills (and certain other damages).

The car owner’s insurance generally serves as the first financial line of defense for accident-related losses. This includes both losses suffered by the car owner (such as property damage), the friend, and any third parties who suffer injuries, property damages, and other losses because of the collision.

Determining Liability When You Are in an Accident in a Friend’s Car

Each state has different approaches to auto insurance, specifically determining whose insurer must pay for whose accident-related losses. Therefore, your attorney will need to establish liability; in doing so, they determine who must pay for your accident-related losses.

If You Caused the Accident in a Friend’s Vehicle

If you are the person who caused the car accident while driving a friend’s vehicle, the friend’s auto insurance may cover your losses (and any third party’s losses). However, if you have your own auto insurance, it may serve as a backup form of financial support for you or any third party harmed by the accident.

If a Friend Caused the Accident in Your Vehicle

If you are the vehicle owner and a friend who you let borrow the vehicle caused an accident (or was the victim of an accident), your auto insurance may cover damages. This can affect your auto insurance premiums, and a lawyer can explain any options that may shift liability to your friend.

If you did not give your friend permission to borrow the vehicle, this can affect liability for the accident. The friend’s auto insurer may have to cover accident-related losses, the injured party can try to hold the friend personally liable for any harm they caused.

If a Third Party Caused the Accident

If a third party caused the collision involving you or your friend, you can hold that third party’s insurer liable for accident-related losses. You can hold the third party liable for any losses exceeding their auto policy’s coverage limits.

States handle auto insurance claims differently, with the two primary insurance approaches being:

  1. No-fault insurance laws
  2. Fault-based insurance laws

Your attorney will consider the insurance laws in your state as they develop a comprehensive strategy for pursuing compensation for you or protecting you from others’ attempts to hold you liable.

Key Considerations That Can Make Your Car Accident Case More Challenging

Accidents where a vehicle owner is not the driver require personal injury lawyers to address several critical questions, including:

  • Who caused the accident?
  • Did a hazard other than motorist negligence (such as a vehicle defect) contribute to the collision?
  • What is the insurance status of the vehicle drivers and owners?
  • What are the insurance-specific laws in the state, and do those laws place the financial burden on the at-fault motorist?
  • Do victims’ accident-related losses exceed the coverages provided through insurance?

These questions are usually impossible to answer on your own. You need to hire a car accident lawyer to lead your case.

Advice for Car Owners Whose Friend Causes an Accident in Their Vehicle

If you are the owner of the vehicle in the accident but weren’t driving the vehicle at the time of the collision, you must protect your financial interests. Depending on the details of the accident and the state in which your accident happened, you may stand to gain or lose much from an insurance claim or lawsuit.

Consider that:

You May Deserve Compensation for Vehicle Repairs

You deserve fair compensation to repair or replace your vehicle. Though your friend may have been behind the wheel, your vehicle took the direct impact of the collision.

A personal injury lawyer will work to secure fair compensation for:

  • Vehicle repairs
  • Replacement of a totaled vehicle
  • Money to cover temporary transportation
  • Any other accident-related losses you suffer as a result of the accident

A lawyer will review the circumstances of the accident, evaluate your damages, and propose a strategy specific to your needs.

Can an Injured Party Hold You Liable for the Accident?

As the vehicle’s owner, you may be liable if your friend caused the accident. If a third party’s accident-related damages exceed the insurance coverage provided by your policy and any auto policy your friend has, the third party may sue you for financial damages.

State laws vary when it comes to liability for car accidents. Having an experienced personal injury lawyer on your side can spare you from direct liability for an accident you did not cause.

A Personal Injury Lawyer Can Provide Comprehensive Legal Services

Regardless of whether your friend caused their accident or not, you may face financial liability or deserve compensation for yourself. Hiring a personal injury lawyer will allow you to avoid the complexities of insurance claims or a lawsuit, as they’ll efficiently evaluate your circumstances and provide clear, detailed advice.

Advice for Those Involved in an Accident While Driving Their Friend’s Car

If you were driving a friend’s car and were in an accident, consider that:

By One Means or Another, Someone Should Cover Your Losses

You can pursue compensation for medical bills, income losses, and other accident-related damages in many ways.

You may secure compensation from:

  • A third party’s insurer
  • Your friend’s auto insurer
  • Your own auto insurer
  • A third party or your friend, who you may hold financially liable for your damages

Even if a third party’s damages exceed insurance coverage, they may sue the vehicle owner for damages.

Your Friend’s Negligence May Have Harmed You

If a defect in the vehicle caused or contributed to the accident, you may hold your friend personally liable for your accident-related damages.

For example, a vehicle owner who fails to replace worn-out brakes exposes their friend to danger, especially if they don’t inform the friend of the defective brakes before allowing them to borrow the car.

You May Need to Speak with Your Own Auto Insurer (but Only After Hiring a Lawyer)

Your own auto insurers may need to know about your accident and may even need to provide compensation to you or others affected by the accident. Always have an attorney provide this notice, as they should carefully handle any and all insurance communications, even with your provider.

Giving an insurer recorded statements can hurt your case if you:

  • Misremember the facts of the accident
  • Unintentionally admit to causing the accident
  • Make any other errors that shed a poor light on you (or your friend)

An attorney can prepare you to make any necessary recorded statements. Your lawyer may even arrange for you to submit a carefully crafted written statement without risk of misinterpretation.

A Personal Injury Attorney May Be of Great Use to You

You may benefit greatly from hiring a personal injury lawyer. Your lawyer will seek any compensation you deserve while protecting you from unfair financial liability for the accident.

Why Hiring a Car Accident Attorney May Be Wise in Any of These Circumstances

Anyone connected to a car accident needs a capable personal injury lawyer because:

  • A lawyer protects your rights and prevents catastrophic mistakes (like admitting fault for an accident, accepting a lowball settlement, or allowing the statute of limitations to pass)
  • You may deserve compensation, and a lawyer will make it their mission to recover it for you
  • You may lack the time, energy, or knowledge to sort out liability and fight for a financial recovery
  • A personal injury lawyer’s firm can provide much-needed financial support for your case

Even if a personal injury lawyer is not the right attorney to lead your case, they may refer you to a lawyer who will better represent you.

How a Personal Injury Attorney Will Help You

Personal injury lawyers generally seek compensation for accident victims. Knowing that car accidents can cost hundreds of thousands or even millions of dollars, your attorney may face a tall task.

Personal injury lawyers serve their car accident victim clients by:

Evaluating All Options for Seeking Compensation, Including Insurance Claims and Lawsuits

Your role in the accident (or lack thereof, if you’re the vehicle owner) may largely determine your options for seeking compensation. Your state’s laws regarding liability and auto insurance coverage will also be relevant.

An experienced personal injury lawyer in your area may be a trove of information about insurance laws. They will combine their existing knowledge with the details of your case (including specific insurance policies) to advise the right strategy.

Initiate Any Claim(s) or Lawsuit You Choose to Pursue

Once you and your lawyer have identified a strategy for seeking compensation, your lawyer will execute that strategy. They must act quickly because your case likely has a filing deadline for lawsuits (and similar deadlines for insurance claims).

Gather All Accident-Related Evidence

Your attorney will pursue any evidence that can benefit your case, which may include:

  • Witness accounts of the collision
  • Video footage of the collision
  • Expert opinions about who is at fault for the accident
  • Any statements related to whether you allowed your friend to borrow the car (or, as the friend, whether the owner allowed you to borrow the car)

Evidence is unique to each car accident case. Your lawyer may work with experienced accident investigators to build a strong, evidence-based case for compensation.

Document Your Accident-Related Damages (and Calculate a Fair Settlement)

A client’s damages are always the central focus for car accident lawyers. Your attorney will secure any medical images, doctors’ records, medical bills, invoices for property-related services (like vehicle repairs), and other proof of your damages.

Negotiate a Settlement

Your lawyer will negotiate with insurers or other parties who owe you compensation for a car accident.

Negotiations may require your lawyer to:

  • Present evidence of liability for the car accident
  • Detail specific aspects of insurance policies that prove you’re entitled to compensation
  • Present and question experts who have insight into liability or your damages
  • Present documentation of your damages to support their calculation of how much your damages cost

Most civil cases settle, but the goal is to settle for the entire amount of compensation you deserve. Your lawyer should fearlessly advocate for you during settlement talks.

Complete Any Necessary Trial

If settlement negotiations in your case prove difficult, your attorney should prepare for trial. If you must go to trial, you need a lawyer who will represent you in court.

Recoverable Damages an Attorney Can Seek Compensation For

A lawyer will seek compensation for any damages you suffer in the car accident, which may include:

  • Property damage
  • Pain and suffering
  • Lost income
  • Diminished earning power
  • Treatment for pain and suffering
  • Temporary transportation
  • Medical expenses

Your attorney will consider both existing and future damages as they set the bar for settlement negotiations.

Call an Attorney Today to Discuss How They Can Serve You

Tatiana Boohoff - Tampa Car Accident Lawyer
Tatiana Boohoff, Car Accident Attorney in Tampa

A free consultation will allow you to ask a law firm about their services and to understand if a personal injury lawyer is the resource you need. Don’t wait, as a lawyer may need to meet a deadline for filing your case.

Request A Free Consultation Today!

Where Do Car Accidents Most Occur in Seattle

Where Do Car Accidents Most Occur in Seattle?

Seattle’s main traffic arteries throughout the city are where car accidents most often happen. These streets are also the most common sites for fatal accidents, including pedestrian accidents.

Specific streets noted for their high volume of traffic accidents include Lake City Way, Aurora Avenue North, and Rainier Avenue South. However, car accidents can occur on any street in Seattle when motorists, pedestrians, the city, or others’ negligence results in a collision.

If you’ve been involved in a car accident and need legal assistance, consider reaching out to a Seattle car accident lawyer to protect your rights and seek compensation.

Request A Free Consultation Today!

The Most Dangerous Areas for Motorists and Pedestrians Traveling in Seattle

Several areas and roadways should place you on high alert as a pedestrian or motorist, including:

Intersections

Law enforcement officers, insurance adjusters, and car accident lawyers know intersections are dangerous.

A disproportionately large number of accidents happen at intersections because:

Where Do Car Accidents Most Occur in Seattle

  • Intersections involve motor vehicles crossing paths in different directions, which always presents a risk of collision.
  • Intersections often require motorists to make judgment-based decisions, and they do not always make proper judgments.
  • Motorists at intersections must determine who has the right of way, and their determination is often incorrect.
  • Intersections bring many motorists into close proximity, which increases the statistical likelihood that an accident will happen.

Intersections are often chaotic, which can confuse, panic, or rush a motorist. When traffic signals stop working, rush-hour traffic hits, poor weather emerges, or other hazards are present, intersections become even more dangerous than usual.

High-Traffic Roadways

The likelihood of a motor vehicle accident is, in many cases, little more than a numbers game. The more vehicles that travel on a given road, the more likely that road will see an accident.

High-traffic roadways may also:

  • Leave motorists little room to navigate, and bumper-to-bumper traffic is a risk factor for accidents.
  • Enrage, panic, or compromise motorists in other ways that increase the risk of an accident.
  • Wear down through the heavy flow of vehicles, causing potholes, cracks in the pavement, and other hazards that increase the risk of an accident.

When an accident happens on a busy road, other motorists may not stop in time to avoid secondary collisions. High-traffic roads may pose a higher likelihood of multi-vehicle, chain-reaction accidents.

High-Speed Roadways

When Seattle has reduced speed limits on its arterial roads, researchers have discovered lower rates of accident-related injuries. This finding reinforces what we already know to be true: Speeding contributes to both the frequency and severity of auto accidents.

Roadways with high speed limits, including but not limited to highways, may see more total accidents than roads with lower speed limits.

Roads with Narrow Shoulders

As a city that has embraced environmentally-friendly means of travel, bicyclists, scooter riders, and motorists are often nearby. Embracing non-motorized travel requires that Seattle provide safe bike lanes, wide sidewalks, and other conditions to keep bicyclists, walkers, and scooter riders safe.

If a roadway does not provide enough room for non-motorists to travel safely, it may pose a high risk of pedestrian accidents.

Impoverished Areas of the City

93 percent of fatal pedestrian accidents occur on arterial streets. The source that reported this finding also reported that areas with high poverty rates (increasingly common in Seattle) may pose a high accident risk, especially collisions between motorists and pedestrians.

Those in impoverished areas may be more likely to be walking or biking on or near the street, as they may lack their own motor vehicle. More pedestrians near a roadway generally mean a higher risk of a pedestrian accident.

Roads Lacking Adequate Traffic Signals or Signage

Roads that do not have adequate signage put motorists and pedestrians in danger.

Danger can arise when a road or intersection lacks:

  • Stop signs
  • Yield signs
  • Traffic signals
  • Pedestrian crossing signals
  • Lane markings

Signs that fall or traffic lights that don’t work present significant threats to motorist and pedestrian safety.

Dilapidated Roadways

Seattle’s streets rank among the most flawed in the nation, as the city’s residents and visitors must regularly dodge potholes and other blemishes.

Uneven pavement, potholes, cracks, and other road-related hazards can cause accidents when:

  • The blemish causes the motorist to lose control of their vehicle, striking another vehicle, pedestrian, or fixed object as a consequence.
  • The motorist swerves to avoid running into a road-related hazard but hits another vehicle, pedestrian, or object as a result.

The City of Seattle or another responsible party may be financially liable when substandard road conditions contribute to a collision.

Roads Under Construction

Streets in Seattle undergoing substantial construction may be safer in the long term.

During construction, however, these streets may have increased hazards, including:

  • Heavy equipment
  • Concrete barriers
  • Traffic cones and barrels
  • Work crews
  • Confusing signage

Unsafe construction zones pose a safety risk to motorists, workers, and anyone else near the construction site.

Car Accidents Can Happen Anywhere in Seattle

While a car accident may be more likely to occur on an arterial road, at an intersection, and in certain other high-risk areas of Seattle, auto accidents happen every day all across the city.

Regardless of where you are driving, walking, or riding in Seattle, you may be involved in an accident because:

A Motorist Acts Carelessly

Motorists cause most accidents, and collisions in Seattle often result from a motorist:

  • Speeding
  • Tailgating
  • Changing lanes recklessly
  • Stopping abruptly
  • Driving while distracted
  • Driving while drunk, under the influence of drugs, or impaired in any other way
  • Running stop signs, yield signs, or traffic lights

If a motorist hit your vehicle or struck you as a pedestrian, the motorist’s insurer may be liable for your accident-related damages. You may even hold the motorist personally liable if you pursue a lawsuit.

A Pedestrian Causes a Collision

Pedestrians in Seattle do not have the strongest reputation for predictability and have undoubtedly caused many accidents in the Emerald City. A pedestrian who darts into the roadway for no apparent reason, jaywalks, veers out of the bike lane, or does anything else that disrupts traffic may cause a collision.

A motorist may strike the pedestrian, swerve and hit another vehicle, or swerve and hit a fixed object. In any of these cases, the pedestrian may be liable for causing the accident. If the pedestrian lacks insurance or financial means, you may receive compensation through your own auto insurer.

Road Defects Cause an Accident

The City of Seattle may be liable if hazardous road conditions cause an accident.

Such conditions may include:

  • Dangerously positioned work zones or crews
  • Potholes
  • Unmarked lanes
  • Cracks in the road
  • Uneven pavement
  • Out-of-service traffic lights
  • Downed traffic signs

Municipalities, including Seattle, must keep roads and traffic infrastructure in good condition. If you’ve driven in Seattle, you know the city does not always live up to this mandate. If your accident resulted from unsafe road conditions, the city may need to cover your damages.

A Vehicle Malfunctions

If a defective vehicle is the cause of an accident, liable parties can include:

  • The vehicle manufacturer
  • The seller of a secondhand vehicle
  • The vehicle owner
  • An automotive technician who caused the defect
  • An automotive technician who should have identified and fixed a defect but failed to do so

Countless vehicles on Seattle’s roads contain defects that will eventually wreak havoc. When such a defect injures you, an attorney can identify liable parties and see fair compensation for your damages.

How Can a Car Accident Victim Seek Compensation for Their Damages in Seattle?

The two primary ways to seek compensation after a Seattle car accident are:

  1. Filing an insurance claim
  2. Filing a lawsuit

In many cases, a car accident victim will file an insurance claim, engage in negotiations, and file a lawsuit because the insurer won’t offer a fair settlement. A car accident lawyer can review your circumstances and pursue a claim or lawsuit.

Why Would a Car Accident Victim Hire a Car Accident Attorney?

There are several reasons why car accident victims in Seattle and elsewhere hire lawyers to fight for their financial recovery.

Some of the common reasons why you might hire a car accident lawyer include:

  • Protecting your physical and mental health (and avoiding new injuries): Lawyers encourage their clients to focus on recovery. This is possible because an attorney will manage every aspect of your claim or lawsuit. If you try to handle your own case, you may experience significant stress that worsens injuries and creates new complications.
  • Avoiding potentially traumatic details of your accident: In addition to the general stress you might face when handling your case, specific accident details may repeatedly trigger trauma. If you allow a lawyer to lead your claim or lawsuit, you may allow psychological and emotional wounds to heal.
  • Accepting a law firm’s financial support: Injury firms represent their clients on contingency. The firm pays for all case-related costs, and the lawyer only receives a fee if they obtain compensation for the client. This arrangement means there is no direct cost to the client.
  • Relying on a lawyer’s training and experience in car accident cases: Even if you have handled an insurance claim in the past, each claim presents new challenges. Especially if you have significant injuries, relying on a lawyer’s experience, knowledge, and training is highly beneficial.

Many car accident victims hire an attorney for a combination of reasons rather than a single one. A capable firm will explain the value they offer and should make your decision easy.

What Car Accident Lawyers Do for Car Accident Victims in Seattle

The right attorney will oversee every detail of your insurance claim or lawsuit, which may require them to:

Obtain All Relevant Evidence of Liability

Lawyers must establish liability for an accident to determine who owes whom compensation.

Your attorney may determine and document liability using:

  • Your account of the accident
  • Eyewitness accounts of the accident
  • A law enforcement officer’s report
  • Video footage of the collision
  • Photographs of the accident scene
  • Expert testimony about who is liable for the collision

Injury lawyers secure evidence of liability as quickly as possible. The fact that some evidence may only be available for a limited time (video footage and eyewitness accounts being prime examples) should motivate you to hire a lawyer as soon as possible.

Document and Calculate Your Accident-Related Damages

Before negotiating a settlement, your lawyer will document and calculate your accident-related losses.

Useful documentation may include:

  • All accident-related medical records and bills
  • Invoices for property repair and replacement
  • Expert testimony about your injuries, mental health symptoms, and other damages
  • Proof of any income you have lost because of the car accident in Seattle

Your lawyer will work to prove each of your accident-related losses in the greatest possible detail.

Negotiate a Settlement

Settlements are the preferred way to resolve car accident claims and lawsuits. Your attorney will review settlement offers with you and continue negotiating until they receive a fair offer.

Take Your Case to Trial

If your attorney does not receive a fair offer from insurers, they may file a lawsuit on your behalf. Your lawyer will discuss this possibility if your claim or lawsuit reaches a crossroads between accepting the best settlement offer and going to court.

These are the big-picture responsibilities a car accident lawyer typically handles. Your attorney will also lead communications, draft and submit paperwork, provide routine case updates, and advise you on every aspect of the claim or lawsuit.

Recoverable Damages in a Seattle Car Accident Case

Your recoverable damages may include:

  • Medical expenses
  • Vehicle repairs (or replacement of a totaled vehicle)
  • Replacement of damaged property (like your phone or clothing)
  • Lost income
  • Diminished earning power
  • Pain and suffering (and related treatment expenses)

Each car accident victim has different injuries, mental health symptoms, and property costs. Your attorney will evaluate your losses and calculate the value of a fair settlement.

Don’t Wait to Hire a Car Accident Lawyer Serving Seattle

Tatiana Boohoff - Car Accident Attorney in Seattle
Tatiana Boohoff, Seattle Car Accident Lawyer

Your lawyer likely faces a timeline for filing a claim or lawsuit. Don’t wait to hire a personal injury attorney and allow them to fight for your financial recovery in Seattle.

Where Do Most Car Accidents Occur in Tampa

Where Do Most Car Accidents Occur in Tampa?

Most car accidents in Tampa occur at intersections. This is not unique to Tampa, as intersections pose several hazards threatening motorists and pedestrians across the nation.

Some intersections are especially dangerous and are responsible for an outsized number of car accidents in Tampa. You might not avoid these intersections, but you can pay careful attention when encountering them. In case an accident does occur and causes you to suffer injuries or lose a loved one, it’s essential to reach out to a skilled Tampa car accident lawyer who can help you seek compensation from liable parties.

Ten of the Most Dangerous Intersections in the Tampa Area

Intersection crashes are particularly common in cities like Tampa.

Some of the common locations for intersection collisions in Tampa include:

Where Do Most Car Accidents Occur in Tampa

  1. Sheldon Road and Waters Avenue West
  2. Anderson Road and Waters Avenue West
  3. Waters Avenue West and Hanley Road
  4. Hillsborough Avenue West and Sheldon Road
  5. Highway 301 South and Gibsonton Drive
  6. Waters Avenue and Himes Avenue North
  7. 301 Highway South and Big Bend Road
  8. Bruce B. Downs Boulevard and Fletcher Avenue East
  9. Bloomingdale Avenue and Bell Shoals Road
  10. Bloomingdale Avenue and Providence Road

Many of these intersections see high traffic volumes, which is one of the reasons they are the site of so many car accidents. One study examined the Tampa and Tampa-adjacent intersections with the most accidents in a single calendar year and revealed the above as the most dangerous intersections in the area.

Why Are Intersections So Dangerous to Drivers in Tampa?

Intersections are notoriously dangerous junctures in the roadway, as they tend to:

  • Bring large volumes of motorists together, as traffic signals, roundabouts, and stop signs can cause traffic to pile up
  • Bring motorists and pedestrians in close proximity, presenting an obvious and frequent risk of pedestrian accidents
  • Be chaotic and confusing, as changing traffic signals, crossing pedestrians, and other distractions can confuse motorists
  • Require motorists to make judgment calls, including whether to turn left on a green light, allow others the right of way, and turn right into oncoming traffic

To navigate intersections without incident, motorists must be skilled, alert, cautious, and defensive. Furthermore, their vehicles must not let them down, either. It should be no surprise that intersections are where most car accidents occur in Tampa.

Tampa’s Traffic Landscape Is Growing and Evolving, So New and Dangerous Intersections Arise Each Year

As the population in Tampa in surrounding communities continues to grow, the traffic landscape stays in constant flux. Roads expand, new roads get built, and new intersections emerge, some joining the ranks of the most dangerous intersections in Tampa.

Seemingly constant construction on Tampa’s roadways poses yet another challenge to motorists and pedestrians.

Construction means that motorists must:

  • Be aware of work crews, changing lanes, and taking other precautionary measures as necessary
  • Reduce speed in work areas
  • Be aware of traffic barrels, concrete barriers, and other construction-related hazards that can make driving difficult and stressful
  • Navigate uneven or rough driving surfaces
  • Continue to drive safely and defensively despite construction-related hazards and distractions

As Tampa’s road network changes, the demands on drivers and pedestrians remain the same: Act cautiously at all times, taking every necessary measure to avoid causing a collision.

Why Are Some Intersections in Tampa Especially Dangerous?

As data indicates, some intersections in Tampa are more dangerous than others. An intersection may be more dangerous than average because of:

Heavy Traffic

An intersection with a steady flow of heavy traffic will generally be the site of more accidents.

Heavy-traffic intersections may be more dangerous than average because:

  • The more vehicles that pass through an intersection, the more likely an accident becomes
  • Motorists may become frustrated with long waits at high-traffic intersections and may be more likely to make rash decisions (like running a red light)
  • High-traffic intersections may be more chaotic and confusing than most, increasing the risk that an accident will take place

It’s no coincidence that some of the intersections in Tampa with the highest daily traffic volumes are among the most dangerous intersections in the city.

Blind Spots

Some intersections have blindspots and obstructions that present a clear hazard to motorists and pedestrians.

Such obstructions can include:

  • Nearby trees and hedges that obstruct the view of oncoming traffic
  • Poorly positioned signs that interfere with motorists’ line of sight
  • Nearby buildings that require motorists to creep close to the intersection to see oncoming traffic

A municipality generally must remove such hazards when possible. However, many intersections in Florida today have visual obstructions, and these blindspots may make those intersections more dangerous than most.

Geographic Location

For example, if an intersection is in a location where many hurried professionals frequent, motorists may run red lights or engage in other dangerous acts. An intersection’s geographic location also determines traffic volume and overall accident risks.

Heavy Pedestrian Traffic

Intersections where pedestrians regularly cross the street or ride bikes or scooters along motor vehicles may have a higher-than-average rate of pedestrian accidents. When motorists or pedestrians fail to follow traffic signals, look out for each other, or engage in generally dangerous behavior, the risk of an accident may skyrocket.

Inadequate Signals

The design of an intersection can contribute to (or prevent) accidents.

Intersections that lack sufficient signals may be most dangerous, and this includes a lack of:

  • Stop signs
  • Traffic lights
  • Yield signs
  • Crosswalks
  • Pedestrian crossing signals
  • Other safety-specific signage and signals

If these safety features are present but defective (such as an out-of-commission traffic light), motorists and pedestrians may have to make judgment calls that lead to accidents.

Poor Lighting

Intersections with inadequate lighting may become dangerous at night or in inclement weather. Poor lighting can make it difficult for motorists to see pedestrians, especially when motorists have less-than-perfect vision.

Who Is at Greatest Risk When a Tampa Intersection Accident Happens?

While a pedestrian accident can cause serious injury to anyone involved (including motorists), some groups face an outsized risk of suffering injuries, including fatal injuries.

These high-risk groups include:

  • Pedestrians: A collision between a motor vehicle and a pedestrian is not equal. Pedestrians weigh far less than motor vehicles, and a pedestrian has little to no physical protection from an oncoming motor vehicle. Tragically, many pedestrian accidents are fatal, especially when the oncoming vehicle is traveling at a high rate of speed.
  • Motorcyclists: Tampa ranks in the top 25 percent of Florida cities regarding fatal motorcycle accidents, and many of those fatal accidents may happen at intersections. Motorcyclists have few physical protections from oncoming vehicles, even when wearing helmets.
  • Bike and scooter riders: The outcome is often devastating when a motorist hits a bike or scooter rider at an intersection.
  • Those in compact vehicles: Smaller cars may not have the structural protection that larger cars, SUVs, and trucks afford. Therefore, when two vehicles collide at an intersection, the person (or people) in the smaller car may face the greatest risk of injury or death.

Non-truckers involved in truck accidents at intersections are also at high risk. Trucks can weigh as much as 30 times more than smaller vehicles (let alone pedestrians), so truck accident victims face a higher-than-average risk of suffering injuries.

Why Motor Vehicle Accidents Happen in Tampa, Regardless of Location

Even in the most dangerous intersections, motorists might prevent crashes if they are careful. However, you cannot control the actions of other drivers who might drive through intersections negligently.

Many car accidents occur at intersections in Tampa because:

  • Motorists engage in dangerous behaviors: Motorists are the greatest threat to other motorists and pedestrians. When motorists disregard traffic signals, ignore or misjudge the right of way, speed, tailgate, and engage in other dangerous driving behaviors, they increase the risk of an intersection accident.
  • Motorists are impaired: Intersections can be dangerous even when a motorist is sober and alert. When a motorist is drunk, on drugs, tired, or impaired in any other way, the risk of an accident may increase significantly.
  • Vehicles malfunction: Some car accidents happen because of motor vehicle defects. These defects are sometimes the fault of manufacturers and sellers, and other times result from a lack of maintenance by a vehicle owner. Blown tires, faulty brakes, and steering wheel lock-ups are examples of events that may result from vehicle defects.
  • Pedestrians act carelessly: Pedestrians can be responsible for intersection accidents. A pedestrian may carelessly enter the roadway, which may cause a vehicle to strike them, or cause a vehicle to swerve, striking another vehicle or fixed object.
  • A municipality puts motorists and pedestrians at an unacceptable risk of danger: A municipality may be responsible if dangers at the intersection, like malfunctioning traffic lights, cause an accident. Municipal employees are responsible for monitoring the safety of intersections and fixing or removing hazards as quickly as possible.

An attorney can identify the cause of your intersection accident in Tampa and determine who is financially liable for the resulting damages.

I Was in a Car Accident in Tampa; What Should I Do Next?

If you were in a car accident at an intersection (or anywhere else) in Tampa, tend first to your health. By focusing on your injuries, you will also improve the odds of success in any financial recovery you pursue.

Receive a Complete Post-Accident Medical Examination

Even if you received medical attention at your accident scene, seeking more thorough medical care in a medical facility is wise.

As you receive medical care, you should:

  • Insist that the doctor provides a diagnosis for any injuries you’ve suffered
  • Ask the doctor whether medical imaging can provide a clearer picture of your injuries
  • Ask for written (or printed) copies of the doctor’s notes
  • Suggest copies of any medical imaging you undergo
  • Keep all bills related to your medical care

These steps should result in a clear diagnosis and treatment plan. Furthermore, your lawyer will also use all relevant medical documentation in your claim or lawsuit.

Always Hire an Experienced Car Accident Lawyer After a Crash in Tampa

As you receive post-accident medical care, take the time to consider hiring an attorney.

Car accident victims in Tampa hire injury attorneys because:

  • They are too occupied with their recovery to handle an insurance claim or lawsuit
  • They lack experience handling insurance claims and lawsuits and don’t have the time or effort to learn about them
  • They believe a lawyer’s experience, financial support, and resources will be a credit to their case

Car accident attorneys spend their working hours representing car accident victims (and other victims of negligence). This affords those lawyers an extensive knowledge of insurance rules and civil law, as well as the steps that will likely occur in your case.

How a Car Accident Lawyer Can Help After Your Crash in Tampa

A lawyer will fight for a fair financial recovery on your behalf.

Obtaining a settlement or judgment is a multi-step process that generally requires:

  • Obtaining all relevant evidence, including time-sensitive evidence that may not be available for long
  • Documenting your damages
  • Calculating the financial cost of your damages, which will set expectations for your financial recovery
  • Representing you in interactions with insurers and civil defense attorneys
  • Negotiating a settlement on your behalf
  • Taking your case to trial, if necessary

Though trial is not always necessary in Tampa car accident cases, a capable law firm will be ready for court if it is in your best interest as a client.

Recoverable Damages a Lawyer Will Consider in Your Car Accident Case

Though each car accident victim’s damages are unique, some of the damages common to car accident victims include:

Some intersection accidents cost a victim their life. In these cases, car accident lawyers often seek compensation for funeral expenses, loss of consortium, lost financial support, and several other damages.

Research Car Accident Lawyers in Tampa as Soon as Possible

Tatiana Boohoff - Car Accident Attorney in Tampa
Tatiana Boohoff, Car Accident Lawyer in Tampa

Do not wait to find a trustworthy personal injury attorney to lead your case in Tampa. Your attorney likely faces a non-negotiable filing deadline, so don’t wait to unleash them in pursuit of your financial recovery.

Request A Free Consultation Today!

Distracted Driving Accident Lawyer in Seattle Washington

Top Causes of Car Accidents: What to Watch for While Driving

No matter how defensively you drive, reckless drivers are all around you. In seconds, your life can change forever due to a distracted, aggressive, or drunk driver. Serious injuries from car accidents often result in expensive medical care and lost wages. Contact a Seattle car accident lawyer without delay if someone doesn’t share the road or fails to drive responsibly, causing injury to you or your loved ones.

What Are Some Top Causes of Car Accidents?

Despite numerous public safety campaigns against drunk driving, the problem continues to exist. Advances in smartphone technology are creating opportunities for distracted driving. And, anger continues to plague drivers as they lead stressful lives with little to no free time. Your life is at risk if drivers make poor choices when getting behind the wheel.
Here are the top causes of car accidents, according to the AAA Foundation for Traffic Safety:

  1. Distracted driving (cell phone use, texting, eating, etc.)
  2. Drunk driving
  3. Speeding
  4. Reckless or aggressive driving (tailgating, improper lane changing, etc.)
  5. Drug-impaired driving
  6. Fatigue or drowsy driving
  7. Poor road conditions (potholes, slippery surfaces, etc.)
  8. Bad weather (fog, rain, snow, etc.)

Distracted Driving

One of the top causes of car accidents in Washington is distracted driving. A survey by the foundation found that 78 percent of drivers believe texting while driving is a significant danger to other drivers. Yet, nearly 35 percent of those surveyed admitted to texting or sending an email from behind the wheel. Fifty-eight percent of survey participants believe talking on a cell phone while driving is dangerous, with 49 percent admitting to the behavior.

These distracted drivers cause accidents that often result in horrific injuries and fatalities.

Research from the AAA Foundation discovered that a person talking on a cell phone while driving is four times more likely to cause a car accident. Those who text are up to eight times more likely to crash.

The Centers for Disease Control (CDC) reports that at 55 miles per hour, sending or reading a text takes your eyes off the road for about five seconds—the length of a football field. The thought that sending a text “only takes a second” can result in a lifetime of medical care for another driver.

Distracted driving isn’t limited to cell phones. Anything that takes your eyes off the road is a distraction and can result in serious car accidents. Applying makeup, changing the music station, or reaching for an object all count as distracted driving.

The CDC cites three main categories of distraction:

  • Visual – Taking your eyes off the road
  • Manual – Taking your hands off the wheel
  • Cognitive – Taking your mind off driving

What makes texting and driving so dangerous is that the action involves all three categories of distraction, according to the CDC.

Drunk Driving

One of the most common causes of car accidents in Washington is drunk driving. The issue of drinking and driving never goes away. Why do people choose to drink and drive? The answers from a recent survey provide some insight into this dangerous decision:

  • Most people believe they can drive after a few drinks with no problem; the alcohol gives them a false sense of feeling invincible.
  • Their home isn’t far away and they can drive the short distance safely.
  • They think they won’t get caught.

Drunk drivers continue to take risks, placing other drivers in danger of serious injuries. If you or a loved one has experienced serious injuries due to the negligent behavior of another driver, contact the car accident lawyers at Boohoff Law Firm today.

Speeding

Speeding is a top cause of auto accidents because it increases the likelihood and severity of crashes. When a driver exceeds the speed limit or drives too fast for the conditions, they reduce their ability to safely react to unexpected events on the road. The faster a vehicle travels, the longer it takes to stop and the greater the force of impact in a collision.

When a driver speeds, they risk losing control of the vehicle, particularly on curves or in adverse weather conditions. As a result, speeding contributes to a significant number of car accidents and fatalities each year on Washington’s roadways.

According to the NHTSA, speeding caused 11,258 fatalities in 2020 alone. For more than two decades, speeding drivers caused at least one-third of all motor vehicle accidents and fatalities.

Aggressive or Reckless Driving

Another common cause of car accidents is aggressive driving or reckless driving. When a driver acts in a negligent way that is deliberate and with no regard for safety, their behavior constitutes aggressive driving. As the demands of our personal and work lives demand more, our stress levels rise. In turn, aggressive driving escalates on our nation’s highways, especially during rush hour. The time pressure involved with getting to work or returning home carries over into our driving behaviors. Examples of aggressive driving include:

  • Tailgating
  • Cutting in front of another driver and then slowing down
  • Running red lights
  • Blocking cars that are attempting to pass or change lanes

Aggressive and reckless driving can quickly escalate to road rage. Signs of road rage include:

  • Running another car off the road
  • Throwing objects at another vehicle
  • Ramming or sideswiping another vehicle

A recent AAA Foundation survey reports that 87 percent of participants admitted to aggressive driving or road rage behavior at least once during the previous year.

Drug Impaired Driving

The nation’s opioid crisis and the legalization of marijuana in several states are causes of concern for driver safety. The Governor’s Highway Safety Association (GHSA) cites both issues as contributing factors to the rise in car accidents in many states. The GHSA reports that, in 2016, the most recent data available, 50.5 percent of drug-positive drivers tested positive for two or more drugs.

More than 100 people die every day in the United States due to opioid addiction or overdose. As standards for establishing legal limits for marijuana vary throughout the nation. However, driving under the influence of the drug is dangerous, no matter whether the driver has a medical prescription or not. 

Fatigued Driving

Driver fatigue is a common cause of car accidents every single day. Fatigue impairs a driver’s cognitive and motor skills, making it difficult to react to road conditions and other drivers. Lack of sleep affects a driver’s ability to concentrate, make decisions, and maintain focus on the road. It also slows down reaction times, increases the likelihood of making mistakes, and increases the risk of falling asleep behind the wheel.

These factors make drowsy driving a major contributor to car accidents, especially on long trips or during overnight hours. Additionally, many people who engage in drowsy driving are unaware of how their lack of sleep is affecting their ability to drive, which exacerbates the problem. Shift workers, truck drivers, and young drivers may drive fatigued, causing serious and fatal car accidents.

Poor Road Conditions

Car accidents caused by bad roads often leave accident victims unsure of where they can turn for compensation. After all, you can’t sue a road. But you can file a claim against the government entity or county responsible for maintaining that road. Potholes, dangerous curves, lack of guardrails, and poorly designed roads can all contribute to traffic accidents.

Bad Weather

Poor weather, such as rain, snow, fog, and ice, can reduce visibility and make roads slippery. When this happens car accidents occur, causing serious injuries and often multi-car pileups. Additionally, strong winds, heavy rain or snow, and other severe weather conditions can cause drivers to lose control of their vehicles, leading to accidents.

Poor weather can also result in reduced traction and braking ability, making it harder for drivers to stop their vehicles in a timely manner. As a result, it is important for drivers to take extra caution and adjust their driving behavior to accommodate for poor weather conditions.

When drivers fail to adjust their driving to account for poor weather and reduced visibility, they can be held liable for any car accidents that occur. Driver error is a common cause of these car accidents.

Call the Boohoff Law Firm if a Car Accident Injures You

At the Boohoff Law Firm, we believe no one should suffer physically, financially, or emotionally due to the reckless behavior of another driver. While we all take a risk when we get behind the wheel, those who choose to do so after drug or alcohol use are making a dangerous choice. Other dangerous choices include sending and receiving texts and deliberately driving in an aggressive manner.

A driver’s license is a privilege, not a right. When someone crashes into your vehicle, you may face serious injuries that result in extensive medical bills. Let our legal team in Washington fight for justice for you. To schedule a free evaluation of your case, call (877) 999-9999 or contact us online.

Our attorneys can come to you. If you are unable to visit one of our offices due to your injuries, we can visit you in the hospital or in your home. Don’t delay—the sooner we review your case, the sooner we can decide upon the best course of action for you.

Experienced Lawyer for distractions while driving near Tampa

What Are the Most Common Types of Distractions While Driving?

Distracted driving is one of the deadliest causes of traffic accidents across the United States. In fact, according to the National Highway Traffic Safety Administration, more than 3,000 people died due to distracted driving accidents in a recent year.

Distracted drivers must face the consequences of their actions, which means paying financial compensation to their victims. Having an attorney working for you is the best way to ensure you get the money you need to recover after an accident.

Taking your eyes off the road for even a second can lead to a severe car accident. To learn more about distracted driving accidents and common types of distractions while driving, continue reading and consult with a car accident lawyer.

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What Is Distracted Driving?

Any activity that takes your attention or eyes off the road is distracted driving. Multi-tasking while driving is dangerous, and drivers should never do it.

Distracted driving can include:

  • Operating a vehicle while under the influence of drugs or alcohol.
  • Texting and driving.
  • Looking at your GPS.
  • Eating.
  • Talking on the phone even with Bluetooth.
  • Disciplining children.
  • Anything else that can cause you to take your hands off the wheel or eyes off the road.

Statistics Regarding the Facts About Distracted Driving

Here are some facts about distracted driving

  • About 20 percent of victims of distracted driving accidents over the years were outside of a vehicle when the accident happened, including pedestrians, bicyclists, and motorcyclists.
  • Nearly 3,000 people lose their lives in distracted driving accidents every year across the country.
  • Almost 400,000 people suffer injuries in distracted driving accidents each year.

Types of Distracted Driving

There are different categories of distracted driving accidents. Distracted driving accidents happen anytime a driver takes their attention off the road. The three categories of distracted driving accidents include:

Cognitive Distractions

Cognitive distractions happen when a driver takes their attention off driving. These can occur when a driver texts and drives, answers emails while driving, does their makeup, eats breakfast on the way to work, or is otherwise distracted. Ironically, a driver who is distracted by a traffic accident might cause another and potentially more severe accident. Drivers should remain focused for the entire time they are operating a vehicle.

Visual Distractions

Visual distractions occur when drivers take their eyes off the road. A driver’s eyes should remain on the road ahead. A distracted driving accident can happen if the driver looks at the rearview mirror for too long.

Manual Distractions

Manual distractions involve drivers taking their hands off the wheel. Even a moment of losing control can cause a severe accident. Anytime a driver is behind the wheel, both hands should remain on the wheel.

Some Distractions are Particularly Dangerous

Importantly, some activities involve multiple types of distractions, making them especially hazardous. For example, when a driver texts, they are thinking about their message, looking at their phone, and using their hands. If you see a driver engaging in this type of behavior, get as far away as possible.

What Should I Do if I Am Hurt by a Distracted Driver?

If you are the victim of a distracted driver, you should ensure that your physical well-being is taken care of along with each of your passengers. Taking the following steps can protect your physical health and legal rights after an accident.

Get Medical Help Immediately

Get medical attention immediately. The most important thing after an accident is to ensure you are okay. Even if you do not believe your injuries require a visit to the emergency department, you should see a doctor anyway. You can be suffering from internal injuries that only a physical examination can reveal.

A medical examination can also help you build your case. Immediate medical attention can help you connect the accident as the cause of your harm. Accident plaintiffs must prove that the accident caused their injuries. This can be difficult to prove, especially if the other driver’s insurance company wants to disprove your claims. Getting contemporaneous medical attention after a car crash gives insurance companies less room to argue something else caused your injuries.

Avoid Speaking About the Accident

After an accident, in addition to avoiding conversation with opposing insurance companies, you should refrain from posting anything on social media. Every statement you make after a car crash can help build up or tear down your case. In the aftermath of an injury, remember to post wisely.

Speak to An Attorney Immediately

After getting medical attention, speak to an experienced car accident attorney. Time is of the essence when it comes to car crash cases. You should not talk to anyone, including the other driver’s insurance company, without securing your counsel. Your attorney will help you understand how to file a claim or lawsuit and get the money you need after an accident.

Are Certain Drivers More Likely to Engage in Distractions Behind the Wheel?

Anyone can make a mistake behind the wheel. However, despite each of us having the ability to make a mistake like taking our eyes off the road, there are some groups that tend to be at greater risk of causing these accidents.

Some of those groups include: 

  • According to a Centers for Disease Control and Prevention (CDC) survey, student drivers regularly admit to texting, driving, and checking their emails while driving.
  • Drivers under 20 years old are more likely to get into accidents due to distracted drivers than other groups. Distracted driving accidents represent nine percent of all accidents reported in this age group.

Are Distracted Driving Accidents Preventable?

Distracted driving is completely preventable, and these accidents do not have to happen. There are many activist groups that fight to raise awareness and end distracted driving for good.

Community Activist Programs to End Distracted Driving

Many parent groups have begun to respond to the epidemic of distracted driving. They tend to provide information about the need to end driving habits that often cause distracted driving accidents.

Some of the groups that focus on ending distracted driving include: 

  • UNITE Arrive Alive Tour
  • Salt & Light Productions
  • Stop Texting and Driving Distracted (STANDD)
  • Street Safe
  • End Distracted Driving
  • Teens Against Distracted Driving
  • Safe America Foundation
  • Stay Alive Just Drive
  • It Can Wait

While these groups do wonderful work, it does not replace the effectiveness of having personal conversations with people who are familiar with the driver. In particular, parents of teenage drivers can have critical conversations with their children.

Parents should always encourage safe driving and model the behavior themselves. Teaching good driving behaviors can help prevent accidents in the future.

Teenagers are influenced by each other. Teenagers who learn the correct and safe driving techniques will positively influence their peers leading to fewer accidents caused by distracted driving.

What Damages Are Available After a Car Accident?

You may be entitled to compensation if you have suffered an injury in a car accident. Many accident victims are unaware of what damages are recoverable after an accident. The following are the types of damages available after a car crash.

Economic Damages

Economic damages are tangible losses sustained by a victim in a car crash. These losses are usually easy to recognize and prove, at least for the most part. As an accident victim, you may not know the extent of your economic damages. An attorney can help you recognize and pursue all these losses.

Examples include: 

  • Current and future medical bills.
  • Current and future lost income.
  • Loss of earning capacity includes the loss of the ability to return to work in the industry you worked in before the accident.
  • Loss of consortium.
  • Loss of companionship.
  • The cost of hiring domestic help is if you can no longer cook, clean, dress yourself, or care for children or pets.

Non-economic Damages

Non-economic damages are harder to prove. This damage category represents an accident victim’s intangible losses after a crash. Many accident victims do not know what they may be entitled to recover in this category of damages. A skilled attorney can help you identify your losses and help you pursue full recovery.

Examples of non-economic damages include: 

  • Loss of enjoyment of life.
  • Decreased quality of life.
  • Disability and disfigurement.

How Can An Attorney Help Me?

Car accident lawyers help victims protect their legal right to recover compensation after a crash. Attorneys advocate for their clients, ensuring you get the recovery you deserve.

To help you win your accident case, you’re your car accident attorney may: 

  • Field correspondence from medical billing departments. After an accident, many victims get phone calls, emails, and letters from bill collectors related to hospital bills. Getting contacted by agencies that say you owe them money is stressful. Your legal team can help alleviate that stress and help you focus on your physical recovery.
  • Connect you with the medical care that you need. Often, doctors do not want to treat accident victims. These cases are undesirable because doctors do not want to get involved with legal proceedings that have the potential to last for months or years.
  • Build your accident case. They will work with you on effectively presenting your case to an insurance company or jury. Your lawyer will ensure you do not downplay your injuries and get the money you need to recover financially.
  • Negotiate a settlement with insurance companies. Dealing with a large insurance company on your own leaves you vulnerable to tactics adjusters use to avoid paying settlements to victims. Insurance companies use common tactics: shifting blame to the victim, offering quick lowball settlements, trapping you into a statement, etc.
  • Conduct an independent investigation into your accident. After the crash, the police will compile a report, and each insurance company will investigate the accident. Your attorney will use each report as a starting point for their own investigation. The legal team you choose may visit the accident scene, review your medical records, speak to witnesses, review property damages, and collect other data to help understand the cause of the accident and begin building your case.
  • File a lawsuit against the defendant. Filing a lawsuit and an insurance claim can get complicated. An experienced accident attorney can help you comply with applicable rules to ensure the court does not dismiss your case on technical grounds.
  • Handle all the legal tasks related to your case. You may have many questions as you pursue a car accident case. There is a lot of misinformation online that can confuse and frustrate you. Rely on the experience of an experienced attorney to help you get the compensation you need.

What if I Cannot Afford An Attorney?

Many accident victims are afraid to pursue a lawsuit after a car accident because they do not think they have the money to pay for an attorney. Fortunately, many civil accident lawyers work on a contingency fee basis.

A contingency fee is a payment arrangement that allows a client to defer payment for legal services until the end of representation. Personal injury attorneys who work on contingency will take a percentage of the final settlement amount once you receive it. In most cases, victims will not owe their attorney anything if they do not recover a settlement or award.

Contact An Attorney Today

Tatiana Boohoff, Lawyer for Car Accident cases near Tampa area.
Tatiana Boohoff, Car Accident Attorney in Tampa

In the event that you have suffered injuries because of a distracted driver, you should call a personal injury lawyerin Tampa as soon as you can. In many instances, victims can obtain compensation for all of their accident-related losses, including their past and future medical expenses, lost income, property damage, and physical and emotional pain and suffering.

Request A Free Consultation Today!


Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

Experienced Lawyer for Taxicab Lawsuit near Tampa

How to File a Taxicab Lawsuit?

Thousands of people rely on taxicabs every day throughout the United States. While cab drivers are supposed to be trained professionals, they can cause accidents just like anyone else. In many cases, crashes that taxi drivers cause injure passengers, other motorists, pedestrians, and bicyclists who are unlucky enough to be in the wrong place at the wrong time.

If you have suffered injuries in a taxicab or Uber accident, there is a good chance that you are entitled to compensation for your losses. As a victim, the best thing to do is to retain a uber accident lawyer as soon as you can to protect your rights.

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Typical Taxicab Claims Involve These Steps

Each claim stemming from a car accident is unique, making it difficult to predict the outcome. There are several steps that each potential taxicab plaintiff should take to ensure they protect their case and legal rights following a crash. Take the following steps after a taxicab accident.

Get to Safety and Call 911

Most states require that people involved in accidents call the police and make a report. The officer will speak to drivers, passengers, and witnesses at the accident scene to determine who is at fault. As a passenger in the cab, you are a witness to the accident. Make sure you get a copy of the police report and allow your attorney to review it.

If you suffered an injury, visit the hospital and have a doctor examine you. Your well-being is the most important thing after an accident, so take care of your physical health.

Schedule an Initial Consultation With an Accident Attorney

You need to speak to an attorney immediately after the accident to preserve your legal rights. Filing a lawsuit begins with filing a timely complaint. Your complaint must include specific language pleading facts and asking for requests for relief that you intend to recover from the lawsuit.

Attorneys have legal training. You can rely on their knowledge to ensure you plead every claim that applies to your case.

An accident victim gains an advantage when hiring an attorney, as attorneys are typically well-versed in the technical rules of filing a lawsuit. Below are explanations of each step of the lawsuit. Continue reading to learn more.

Find the Potentially Responsible Defendants

The list of potential defendants can be pretty long in cases involving employees and employers. Under the legal doctrine of vicarious liability, an employer is responsible for the injuries an employee’s negligence causes. If the company employs your taxicab driver, the driver and the company should be defendants in the lawsuit.

Other potential defendants include:

  • Manufacturers.
  • Mechanics.
  • Office employees.
  • City and state governments.

Properly Serve Each Defendant

The rules of civil procedure in each state require that each defendant in a lawsuit is served appropriately. Service of the process puts defendants on notice of the lawsuit. Finding each of the above potential defendants can get complex if you do not have a legal team working on your behalf. In cases involving taxicab companies, you may need to serve a corporation with a copy of the complaint and the summons. Finding the correct defendant can be challenging as you peruse the state’s Secretary of state website.

After finding each defendant, you must adequately serve them. The laws for service are specific per state, and process servers must follow them closely. An experienced attorney can ensure that they handle the process of serving people involved in your claim appropriately.

Answer Each Counterclaim On Time

Based on the Rules of Civil Procedure, a defendant gets a set time to answer the allegations in the complaint. A defendant can admit or deny allegations, or they can file a motion to dismiss the case. In some instances, the defendant may even file a counterclaim.

Plaintiffs must file an answer to any motions that the defendant files. These answers are on a deadline. If you miss your deadline, it can hurt your case.

How Do I Overcome a Motion to Dismiss?

A motion to dismiss may contain a legal argument to support the defendant’s side of the lawsuit. Most states allow a defendant to file a motion to dismiss instead of filing an answer. Answering a motion to dismiss requires legal arguments, often technical legal arguments, and familiarity with the applicable rules of civil procedure.

If you do not have experience with the law, you may be unable to respond effectively to highly technical legal questions. An accident attorney can carefully consider the arguments presented in a motion to give your case the best chance to survive a motion to dismiss.

What Happens After I File My Lawsuit?

Once you file your lawsuit, the court will schedule the litigation. In addition, the other side can file an answer or other pleadings. Your case may still be in negotiations with the insurance company, but it will proceed to trial if you cannot resolve your matter.

A civil lawsuit can take months or years. Each stage of the case is essential and can make or break the outcome of your claim. The following are some of the stages of personal injury lawsuits.

Depositions

Depositions are interviews that lawyers conduct out of court with people under oath. The things witnesses say during a deposition have the same weight as live trial testimony.

Attorneys use depositions for many reasons, including getting the testimony of witnesses that cannot appear at trial. Each party may also be required to give deposition testimony. Unrepresented accident victims are vulnerable if they must give a deposition.

During a deposition, each side must comply with the rules of procedure. In addition to ensuring compliance with the law, attorneys can easily subpoena witnesses they suspect will not show up at trial, for example, if the witness lives out of town and cannot appear at trial or multiple court appearances. Having recorded testimony makes the trial move along more smoothly.

Discovery

Discovery is the investigation phase of a lawsuit. During the discovery phase, the parties must disclose all relevant information that may prove the facts of the case or disprove allegations in the complaint, answer, or motions.

An experienced attorney knows how to carefully craft questions and request documents to help you build a strong case that will allow you to receive the maximum compensation available.

Finding the Correct Expert Witnesses

As your case moves forward, you may discover that you need an expert witness. Expert witnesses help accident victims prove the cause of their injuries, describe how the injuries affected their lives, and establish whether they will have to deal with the consequences of the accident for many years to come.

Expert witnesses are hard to come by for people representing themselves. Accident attorneys who have been representing victims for many years usually have an extensive network of expert witnesses that they can hire to help you prove the elements of your case.

What Must I Prove to Win a Taxicab Lawsuit?

Taxicab lawsuits are negligence claims. Four elements of negligence include duty, breach, causation, and damages. Each element of negligence must be proven to win a case.

Duty

Every driver must drive safely and avoid accidents. Taxicab drivers are common carriers and have an increased duty to ensure their passengers get to their location safely. Common carriers include public transport for hire.

Breach

A breach of duty happens when a driver operates a vehicle in an unsafe way that causes an accident or endangers the safety of occupants and other drivers. A breach can occur if the taxicab driver does something like running a red light, blowing through a stop sign, talking on the phone while driving, drinking and driving, or otherwise violating traffic rules.

Causation

The accident plaintiff must prove that the accident was the cause of the injuries they suffered. To help prove causation, accident attorneys may advise their clients to seek medical attention immediately after the accident, comply with medical treatment, and hire expert witnesses to testify about the plaintiff’s harm.

Damages

Damages include all losses that a plaintiff may suffer due to the accident. Every accident plaintiff must prove damages to win a taxicab lawsuit.

What Damages Are Available in Taxicab Accident Cases?

Plaintiffs in taxicab accidents may recover for various losses after an accident.

Plaintiffs may recover for the physical losses they suffered, including present and future medical bills, present and future lost income and earning capacity, the cost of hiring domestic assistance if they cannot complete household tasks on their own, and recover for other applicable losses.

Accident victims also may recover compensation for damages, including pain and suffering, loss of enjoyment of life, diminished quality of life, and other intangible losses.

In some states, punitive damages are available. Courts use punitive damages to punish defendants and deter future bad actors. Punitive damages are often subject to state limits and are not the largest source of recovery for most accident plaintiffs. Speak to your attorney to learn more about the availability of punitive damages in your case.

Rideshare Companies

In addition to taxicab companies, rideshare apps like Uber and Lyft should be examined to determine if they share liability. The critical difference between taxicab companies and rideshare apps is the status of the drivers.

Employees vs. Independent Contractors

Whether the company is liable for workers’ actions depends on several factors, including whether the worker is an employee or an independent contractor. Employers are generally responsible for the negligent acts of their employees, but the same is not so for independent contractors.

A worker is classified as an employee if the company controls their work and pay schedule, supplies them with the equipment to do their job, and supervises their work.

The company will generally not supervise an independent contractor and does not control their earnings or schedule.

Drivers for Uber and Lyft are independent contractors. Therefore, the companies they drive for are not typically liable for the negligent actions of their drivers unless certain circumstances apply, such as the driver had an active passenger.

Common Injuries In Taxicab Lawsuits?

There are many kinds of injuries that you may face after a taxicab accident. It is difficult to predict the specific damages one might suffer, but certain injuries are common in car accidents. Common injuries in taxicab lawsuits include:

Brain Injuries

The impact of a car accident can cause head trauma. Any blow to the head can have devastating results and leave a victim with the permanent effects of a brain injury.

Whiplash

Whiplash causes a strain on the neck. It happens when a vehicle goes quickly and suddenly stops causing a person’s head to jerk quickly forward. Whiplash is a soft tissue injury and can heal with time and rest. That said, it can be extremely painful, last for months or even years, and prevent victims from working or engaging in activities that they enjoy,

Broken Bones and Spinal Injuries

A car crash can cause broken bones and spinal cord injuries. Broken bones can disable a person for weeks or months. A spinal cord injury can cause long-term or permanent disability.

Seat Belt Injury

If the passenger is wearing a seatbelt at the time of the accident, they may suffer a seatbelt injury.

What if I Cannot Afford an Attorney?

Suppose you find yourself the victim of an accident involving a taxicab driver and are concerned about the cost of legal representation. In that case, you can retain legal counsel with a contingency fee agreement.

A contingency fee agreement is a payment structure that allows clients to defer payment of legal services until the end of a case. Lawyers typically do not recover a fee unless the plaintiff has a financial settlement.

If you want to pursue your case and take advantage of a contingency fee agreement, contact an attorney in your area and discuss payment options.

Contact a Taxi Accident Attorney Today

Tatiana Boohoff, Lawyer for Taxi Accident cases near Tampa area.
Tatiana Boohoff, Taxi Accident Attorney in Tampa.

You deserve to be safe when you enter into another person’s care. If a problem happens and you get hurt, you need the assistance of a qualified taxicab accident lawyer.
Contact a personal injury attorney in Tampa to learn more about your legal options after an accident.

Request A Free Consultation Today!


Boohoff Law, P.A. — Auto Accident Lawyers – Tampa Office

829 W Dr Martin Luther King Jr Blvd,
Tampa, FL 33603
Phone: (813) 725-5606

Recovery is personal.

We recover millions for our clients every month, but we know that every case is different and that recovery is personal.
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