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Top Causes of Car Accidents
With Car accidents being quite common in the US, it is essential to know the leading causes and do our best to prevent them. Some of the most common cause include:
  • Reckless driving
  • Drunk driving
  • Speeding
  • Running a red light
  • Driving under drug influence
  • Tailgating
  • Ice on the roads
  • Potholes
  • Driving when drowsy
  • Improper lane change
  • Driving on the wrong side
  • Road rage
  • Street racing
  • Fog
  • Teenage drivers
What To Do After a Car Accident?
Being in a motor vehicle accident can be a traumatic experience, irrespective of the extent of the damage. The experience can be harsher if you have other passengers with you. However, you must have the presence of mind and know what to do when you are involved in a car accident.
Here are some steps that you should follow if you are ever in a car accident:
  • Check yourself and your passengers for possible injuries.
  • Contact the police immediately.
  • Refrain from saying anything while at the site of the accident to avoid it being used against you if the case is taken to a trial.
  • Gather the facts and details of the other driver involved. Note the other driver’s car model, vehicle number, license number, and insurance number.
  • Take as many pictures of the scene as possible as they can be used as proof in the court.
  • Contact your insurance company.
  • Avoid posting about the accident on any social media account.
  • Avoid blaming anyone for the accident.
  • Consult a car accident attorney.
  • Do not agree to anything without consulting a lawyer.
  • File the car accident claim.
How is Fault Determined in a Car Accident?
When you are in a car accident, it is not always easy to determine who is at fault. In most situations, both parties share fault. Determination of fault is crucial to deciding on the compensation you receive and impacts the strength of your claim.
Models for Determining Fault
Two basic models are used for determining fault:
Contributory Negligence
Contributory negligence is a model used by very few states. As per this model, a plaintiff who is even a little at fault in causing the accident may lose the compensation they deserve with the case being dismissed.
Comparative Negligence
Comparative negligence is a fairer model with the liability depending on how much at fault each party is.
  • Traffic Rule Violations

    Any driver violating traffic rules right before the accident can be responsible for causing the accident. This could be running a red light, turning without signaling, or any other violation.

  • Witness Records

    The statements of those who have witnessed the scene of the accident can further help in finding out exactly who has been at fault. Often, it is the fault of the vehicle immediately behind who may have failed to step on their brakes in time.

  • Expert Investigation

    Professional help is always better when gathering information regarding the liable party in a car accident case. The records of the police, the witnesses, the drivers’ statements are all vital in figuring out who is at fault. Contacting an attorney immediately after you or a loved one has been in an accident can help you avoid a great deal of stress and help you find out how to proceed further with the case.

How Much Is My Car Accident Claim Worth?

When you are in a car accident and suffer due to someone else’s negligence, you are entitled to monetary compensation for the damages you incur. However, narrowing down the settlement to a specific amount is dependent on several factors, of which the most crucial factors is the damages incurred.

Damages is a blanket term used to describe all the financial, mental, emotional, and physical suffering the victim of the accident went through. Based on the definition, damages are divided into two categories:

Monetary Damages

Anything that has led to you shelling out money from your pocket to cover for damages included under monetary damage.
These can include:

  • The medical bills (including the ambulance fee, appointments with your doctors, surgery, therapy, medication, and the hospitalization fee)
  • The damage caused to your vehicle or property
  • The wage you lost owing to your absence from work.
  • Potential medical bills that are bound to happen due to your injuries
  • Wages you may lose if you are unable to work due to the injuries you suffered.

Non-economic Damages

Non-economic damage refers to the damage that has been caused emotionally rather than financially owing to the accident. It also includes long-term suffering that is not necessarily economic. The non-economic damages covered under a car accident settlement include:

  • Disability
  • Disfigurement due to the accident
  • The pain caused to you.
  • The loss of consortium, which refers to the loss of affection from a partner/spouse
Do you think you have a strong claim for compensation? Fill in the form provided here, and we will help you evaluate the strength and value of your claim.
Stages of a Car Accident Lawsuit
Every car accident lawsuit goes through a series of steps. Each of the steps depends on the state and local legislations where the case is filed. However, in general, the steps in each state follow a common standard. The length and resolution of a case depends on the evidence, the extent of damages caused, and whether a case is settled or goes to a trial.
Here is a brief overview of the process:

The Investigation

For the injured party in a car accident, filing a car accident claim is the first step to receive compensation for the expenses incurred as well as the agony caused owing to the accident. The insurance provider of the liable party investigates to review all the evidence submitted to prove your claim regarding the accident.

The evidence submitted may include:

  • The police report filed after the accident.
  • The photographs of the scene of the accident and that of the cars or vehicles involved in the accident
  • The statements of the witnesses to the accident
  • The testimony of the other party or driver
  • The area of the accident
  • The monetary damage caused due to the accident
  • The medical records of the injury
Pre-lawsuit Settlement
Before considering taking your case to the court, it is best to try and settle it. A car accident lawyer is a right person to guide you through this and help determine if the compensation being offered by the other party is sufficient for all the damages you incurred during and after the accident. You must accept no settlement without consulting an attorney.
Filing of a Lawsuit
There are times when every attempt to settle the case without leading it to a trial may prove futile. Bringing the case before the court is the only option left if you find yourself in such a situation. The case is filed in circuit court in the area where the accident took place or the area where the liable party resides.
Negotiation
In most accident cases, the compensation claim is settled without the case being taken to trial. Through mediation, wherein a third person impartial to the case helps resolve conflicts between the two parties, a settlement is reached that is agreed upon by all involved. Negotiations can also be done between the insurance provider of the defendant and the attorney of the injured party, making a car accident lawyer vital in managing the case for you.
The Trial
In case mediation and negotiations with the responsible party failed to bring a satisfactory outcome, your attorney will then direct you to go to a trial. Your lawyer can guide you through the entire process of the trial for your car accident claim and help you understand what you can expect.

This part of the process involves both parties bringing their claims before the court. Once the judge and jury examine all the evidence presented and the witness accounts, a verdict will be reached. In case any of the parties disagree with the verdict, they are free to appeal to a higher court.
How Long Can You Wait to Hire a Lawyer?

While a person involved in a car accident has the liberty to file a lawsuit or defend one, there is a maximum time limit by law within which the legal proceedings have to be initiated by the parties involved. This limit is called the statute of limitations. The statute of limitations varies from state to state.

Here is where your lawyer can help you out. While many believe they have more than a year to hire a lawyer, it is advised that you contact your attorney immediately after the accident or as soon as you can. By doing so, you can avoid being in situations that can turn the tables against you in the court.

Consulting with a car accident lawyer at the earliest can help you determine how you can go about the case to claim compensation for the damage you suffered.

Here's the article you can refer to know what you should be doing when involved in a car accident.
Is Hiring a Lawyer Worth It?

One of the most common questions that people ask often is whether hiring a car accident lawyer is worth the money? The answer to this question is always yes! Contrary to what most believe, hiring a lawyer can help simplify the process of getting a compensation claim processed rather than complicating it. People often avoid involving legal help due to the belief that it lengthens the process.

However, in cases where there has been an injury resulting in disfiguration or causing a limitation to the functioning of an organ, or even disability, the compensation due to the injured party can be maximized with the help of a personal injury lawyer or a car accident attorney.

Other reasons to hire a car accident attorney include speedy recovery of compensation that covers the damages you incurred.

Tips to Keep in Mind When Hiring a Car Accident Lawyer

While hiring a car accident attorney to help you with your case is crucial, it is also essential to hire the right one. The lawyer you hire will not only represent you in laying down the facts regarding the accident but also help you get recompensed for the physical and mental strain you have been through due to the mishap. The right lawyer is key to ensuring that the burden on you is lessened significantly.

But how will you determine if the lawyer is right for you? Is there a way to distinguish a good lawyer from a great one? Here’s what you need to do:

  • Get a free consultation

    Lawyers often offer free consultations or assessments of cases to help you understand the possible outcomes. You can use the free consultation to determine if the lawyer is right for you by getting as much information as you can about the lawyers, their methods of practice, and more.

  • Ask your questions

    Ask the lawyer about the kind of cases they have worked on before and how they have managed car accident cases in the past. Find out their experience by asking them all the questions you need to

  • Find out the fee

    This is one of the most important checklists while hiring an attorney. There is always a chance of conflict arising if you do not agree on the fee that the attorney is likely to charge you. Make sure you find out all there is to know right before you hire the lawyer.

  • Meet multiple lawyers

    It is always advised that you meet more than just one lawyer to take a more informed decision. By being able to compare, you will have a better idea of which lawyer would best suit you.

  • Find out about the lawyers’ capabilities and issues

    A few states allow the general public to view reports on the lawyers that include any disciplinary action taken against them. You can also find out more by contacting the organization that the lawyer is associated with.

The Cost of Hiring a Car Accident Lawyer

Different lawyers may charge different amounts as their fee. However, most follow a similar fee structure. Here’s what your lawyer will charge you for:

  • Contingency fee: This is about 33.3% to 40% of the settlement amount. The fee may vary depending on the quality of service provided by the lawyer.
  • Filing fee
  • Investigator fee: This includes the fee for investigating the case, getting witness accounts, gathering evidence, and more.
  • Cost for a medical report copy
  • The fee for transcripts, depositions, and the trial
  • The fee for photocopying reports and documents
Have you or someone close to you recently been in a car accident recently?
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