Accident Liability: How to Determine Fault in a Car Accident
One of the first questions we find ourselves asking after a fender-bender is how to determine fault in a car accident.
Motorists often operate under the mistaken assumption that it’s the police officer who always decides.
But in the following article, we’re going to explode that myth.
We’re also going to give you the four steps you need to take following the accident and throughout the process of fault determination.
Who Determines Fault in an Auto Accident?
Police do not usually determine fault outright. But what’s in a police report has a heavy influence on the final judgment. That’s because officers working the accident will note infractions and issue citations for anyone in a car crash that’s done the following:
- Ran a red light or stop sign (often called “failure to yield”)
- Rear-end collision law violators (i.e., if you rear-end someone, you’re almost always getting a ticket)
- Speeding
- Distracted driving (cell phones being the biggest culprits of robbing our attention)
- Failing to obey signs and signals (blowing through a Yield or turning without a signal in a manner that causes an accident)
- Driving under the influence (DUI – could be drugs or alcohol)
An insurance company that sees that on the report will assume the person responsible (you or one of the other parties) is at-fault. But many police departments leave that up for the dueling insurers to decide.
Regardless of who ends up being at fault, here’s what you need to do to strengthen your case.
1. Tell the Truth
Eyewitnesses are notoriously untrustworthy. And it’s not always from a place of deceit.
After an accident, you may experience their pain, second-guessing yourself on every dramatic detail leading up to and during the wreck. It’s okay if not every detail is right as long as you’re being as truthful as you can with police.
2. Avoid the Missteps
Don’t leave the scene or hide evidence in a panic. Leave your vehicle where it is unless told otherwise by police. In addition, don’t forget to save all your statements for the police.
That means not discussing it with the other party and risking an argument. It also means telling the rival insurance company to check the police report for answers instead of harassing you.
3. Obtain the Evidence for Yourself
Don’t assume because you were rear-ended that there’s no point in asking can you be at fault when rear-ended? The police report could rule it a multiple rear-end collision fault if the officer perceived you may have done something to contribute to the accident.
The best thing to do: get your hands on the police report and any audio or video evidence recorded by the police department as soon as possible. Furthermore, reach out to businesses in the area of the accident for their surveillance footage.
You might be able to overturn the car accident fault by accessing the case materials.
4. Partner with an Attorney Who Specializes in Traffic Law
Attorney Mark Wade Jr. from GeorgiaAutoLaw.com says that while car accidents happen every day, it is extremely difficult to get a fair settlement without the help of a successful legal expert.
That’s because you often won’t know the full extent of investigative records or the right questions to ask. An attorney can change all that for the better.
Learning How to Determine Fault in a Car Accident Can Save You Money
Once you know how to determine fault in a car accident – and who determines fault – you’ll be equipped to put your best defense forward should the police or another motorist accuse you of wrongdoing.
Just follow the instructions here and you’re well on your way. For more important legal knowledge, check out some of our additional blog posts.
Who Is Liable for a Truck Accident?
Liability in trucking accidents is a very important topic since it is crucial to holding the right party responsible for any injuries or damages inflicted. It is also important in knowing where to recover full compensation during the incident.
Trucking accidents, at the very least, involve a whole bunch of individuals. Usually, there are also agencies and companies involved, depending on the type of truck and the type of trucker. If it’s a commercial truck, then the driver may be an employee of a company that ships items. It’s also possible that the driver drives their own truck as an independent contractor and is in no way connected to any company or agency. In cases where the trucker is an independent contractor, then they can be held liable for the incident.
Knowing the connection that applies in a particular situation is important for the victim that is seeking compensation. Having a lawyer from the Law Offices of Michael Cordova to help you make your legal claim is even more important. The lawyer can do an in-depth investigation on your behalf to figure out who is to blame.
Who Else Is Potentially Responsible?
There are many other people who might be potentially responsible in the event of a truck accident. If the truck was manufactured with a defect, then the manufacturer of the truck may be held partially responsible during an incident. The same case applies for the manufacturer of the pulleys and ropes that secure items and equipment on the truck. The agency that hired the trucker may not have performed adequate inspections. There are also a variety of third parties that could be connected to the accident. The very last person on that list is the trucker, who may either be held fully liable or share that liability with other parties.
The Case of the Truck Driver
There are many reasons why the driver of a commercial truck may be held liable for an accident. For starters, they may have broken the law, become distracted or had an operational issue within the vehicle. If the driver consumes alcohol or drugs, then they may be held solely liable for the damages caused.
There are also other factors to be considered that may increase the chances of an accident happening. These include driving at night, driving while sleepy, driving long hours on a single trip and preexisting health conditions. Quite often, most or all of the liability for property damage or personal injury is held by the truck driver, without the company or any other party being at fault.
The Case of the Trucking Company
The responsible party can often be the company that hired the truck driver. The difficult part is proving this, although an expert lawyer should be able to dig into the matter and expose any issues the company might have. These issues can vary, including giving the driver unrealistic expectations that may cause them to work extra hard to meet deadlines and expectations, thereby increasing the chances of an accident occurring. They might also be a case of the company cutting corners around safety policies in order to save time or money. It could also be that the company did not carry out adequate inspections on both the vehicle and the driver.
Many investigations that are carried out on the matter reveal that the manufacturer of the truck and the trucking company share some liability where cutting corners to increase speed and faulty equipment are involved. Again, an expert lawyer should be able to uncover these issues during their investigations into the matter.
The Case of the Truck Owner
Sometimes, the trucking company does not own the truck that it uses. In that case, the owner of the truck may be held liable in a trucking accident. They are responsible for maintaining the tires and internal works of the truck in good working conditions, checking the engine and inspecting the overall vehicle. They are responsible for maintaining any fluids inside the vehicle, the brakes, tires and electronic system. The maintenance and inspection of these trucks are governed by federal regulations. If these regulations are not followed, then the owner can be held responsible for damages.
The Case of the Manufacturer and Cargo Loaders
In some cases, a truck accident involves the cargo loaded onto the truck. In cases where the cargo wasn’t inspected fully or loaded properly by the loader, then the loader may hold liability if the equipment or items fall off and damage another vehicle on the road or cause harm to persons.
There is also a case to be made for the transfer of liability to the manufacturers of different truck parts. In case there was a defect in a truck part and that defect led to a truck accident, the part manufacturer can be held liable for the accident.
The parts that end up causing an accident can be many. It could be malfunctioning electronics, a blowout in the tires, faulty brakes, mechanical failure or a whole host of other things. When such situations arise, the manufacturer of the faulty pasts often retains full liability for damages caused by the accident and is responsible for compensating the victims.
The Importance of a Lawyer
There is only so much you can do as the victim of a truck accident. Your knowledge of the law and your intuition about who to blame for the incident are both probably going to be incorrect. You might also have a hard time gathering and providing evidence for your case on whom to blame for the incident. This is why it is very important to hire a lawyer.
A lawyer hired for a claim may support a victim in finding evidence to prove who is liable for a truck accident. They will conduct an investigation, discovering who is truly at fault and responsible for paying damages in a truck accident. That way, things are easier when you decide to bring a claim to court.
5 Steps on How to Document Your Vehicular Accident Properly
No one wants to be involved in a vehicular accident. However, even the most careful drivers are at risk of being t-boned by another vehicle while on the road. Dealing with the aftermath is difficult, especially for the victims of careless or reckless driving. Nonetheless, it’s important that the scene is well-documented to ensure that the affected individuals get proper compensation from the at-fault party.
Documentation is critical when filing a legal claim. When victims have sufficient proof of the damages caused by the accused, their lawyers can use the information to strengthen their case in court. Unfortunately, a lot of people don’t know how to properly document their vehicular accidents. That’s why, in the event you get caught in a car crash, you should keep in mind the following steps to help bolster your claim.
1. Take Enough Photos
Getting one or two images of your damaged vehicle won’t be enough to support your case. You need to be specific when assessing the damage, so taking pictures of every little detail counts. Being able to show detailed proof of the aftermath can make a huge difference in determining what you should be compensated for.
2. Look for Witnesses
If the accident occurred on a busy street or highway, it’s smart to get a witness’s side of the story. The witness will be able to tell you details you may have missed during the time of the incident, and the information shared will be helpful when you file a claim.
3. Record Important Information
Aside from photographs, you’ll also need to write down the following information in your phone:
- The accused driver’s full information (e.g. name, contact number, address, etc.)
- Victims or victims’ full information
- Witnesses’ names, contact numbers, and statements
- The plate numbers of the cars involved
During this step, it’s also smart to pay close attention to the at-fault driver. If you notice anything suspicious with the driver’s behavior (e.g. slurred speech, weakened balance, etc.) you need to write it down. This will determine whether the driver was under the influence while behind the wheel.
4. Hold Onto Digital and Physical Copies of Your Medical Care
After you’re done documenting the scene, seek medical care immediately. Not only will this ensure that the injuries you’ve sustained are treated, but it’ll also give you access to digital and physical copies of your medical records. Keeping records of everything related to your treatment will give you a higher chance of receiving compensation for your medical bills.
5. Summarize Your Notes
Once you’ve gathered all the information you need, the next step is to make an accurate summary of the event. Your injury lawyer will ask you to provide him or her with your version of the account. As such, you have to be honest and as detailed as you can when writing down the timeline leading up to the crash.
With proper documentation, you’ll have a solid case against the at-fault driver. However, to ensure that it’ll get the best possible chance at winning in court, you’ll need to team up with a lawyer to back you up. If you’re looking for a respectable lawyer to help fight for your claims, then Viviene Sandhu is a name you can trust. Viviene Sandhu is an experienced advocate and has handled claims concerning personal injuries, fatal accidents, and property damage.
Everything You Should Know About Truck Driver Accident Law
In 2017, over 4,000 people passed away in large truck accidents. If you’ve been involved in a truck driver accident, you need to realize that this isn’t your typical car accident.
There are a few things that are unique to these types of accidents. Understanding these features will help you seek the compensation you deserve for your damages.
Read this guide to understand truck accident law.
How Truck and Car Accidents Differ
When two vehicles collide, they’re generally in the same range as far as weight and size are concerned. However, when a truck and passenger vehicle collide, the truck is significantly larger.
The size difference results in more damages and a higher rate of injuries. What would be a fender bender between two passenger vehicles could be disastrous between a truck and a car.
Common Causes of a Truck Accident
There are certain situations that commonly cause truck accidents. Because of this, courts tend to give drivers a bit more leeway in these situations. They’re important to know when preparing your case.
Wide-Angle Turning
Large trucks have different turning capacities that make driving on more narrow roads tough. You’ve probably noticed them taking up several lanes to accomplish a turn.
Jackknifing
This happens when the trailer and the cab of the truck end up in a bent, doubled-up position. This is common in an accident situation when the truck driver is forced to brake hard unexpectedly.
Braking
Drivers forget that trucks need a lot more time and distance to come to a complete stop. Because they’re so large and heavy, physics takes over, and accidents happen because other drivers don’t give the truck enough space on the road.
Seek Compensation From Multiple Parties
There are more parties than just the driver that can be held liable. Depending on the employment status of the driver, you may be able to recover from the company the driver works for and their insurance company, plus:
- Contractor
- Truck driver’s employer
- Manufacturer or shipper of the cargo
Typically, you won’t be able to bring the shipper into this sort of claim. However, if the cargo was toxic, flammable, or dangerous, then it may have aggravated the situation. This can make the shipper liable for part of the damages.
This is why speaking with an attorney is so important. Your legal counsel will be able to advise you on all of the parties you can and should name in your recovery lawsuit.
You Need a Special Lawyer
If you’re involved in a truck accident, you shouldn’t hire just any auto accident attorney. You need to hire a truck accident lawyer who has experience with the unique intricacies of these accidents.
They also have experience dealing with the insurance companies that back trucking companies. These companies have a large number of resources and are prepared to fight. You need an attorney who knows how to get you compensation for your damages.
Seek Recovery for Your Truck Driver Accident
If you or a loved one has been injured in a truck driver accident, then you need to seek medical care and talk to an attorney. This will ensure that you receive the care that you need and the compensation you deserve.
Browse our legal categories for more advice on a variety of legal topics.
The Latest Connecticut Driving Laws Residents Need to Know
The driving rules in Connecticut depend on more than just common sense — you need to know the law. Whether you live or are simply visiting Connecticut, you should have a strong grasp on the rules. Many of them differ from other states and require a lot more understanding.
You can’t take any chances as a driver. How well do you know the latest Connecticut driving laws? Get to know the latest laws before you hit the road.
Obtaining a Connecticut Learner’s Permit
If you want to earn your driver’s license in Connecticut, you’ll need a learner’s permit first. All 16- and 17-year-olds have to obtain one in order to take an official driver’s test. The same rules apply for any first-time driver’s license applicant.
Those under 18 must have permission from their parent or legal guardian in order to apply. If their parent or guardian is not present at the DMV office, then the applicant needs a notarized consent form. Only then can they submit their completed application documents and identification materials.
CT driving laws state that applicants must pay a $40 testing fee. You must also take and pass the vision test as well as a 25-question knowledge test. The learner’s permit fee is $19 and must be paid separately from the testing fee.
Connecticut Learner’s Permit Restrictions
New drivers with only a learner’s permit are not allowed to have any passengers in the car other than their parents or legal guardians. All passengers must wear their seatbelts. And drivers are not allowed to use a cell phone or any other electronic device while operating the vehicle.
The only other passengers a permit holder can drive with are licensed driving instructors. The person must be someone giving the driver instructions and have been licensed for four consecutive years. The instructor must also be at least 20 years old.
A new permit holder must complete at least 40 hours of behind-the-wheel training prior to applying for a driver’s license. They will also need to complete an eight-hour safe driving course. The applicant’s parents will need to complete a two-hour course with the permit holder as well.
Obtaining a Driver License
Once you earn a learner’s permit, there are three training courses you must complete. In order to complete the driver training, the requirements for 16- and 17-year-olds differ from adults. Newer Connecticut driving laws are much more strict in hopes of curbing statistics.
Applicants must attend a commercial driving school with 30 hours. They will also need to do the Safe Driving Practices course and 40 hours of the practice training. Their parents or guardians will also need to do two hours of parent training.
If an applicant participates in-home training, they will need to complete 22 hours of classroom type training. They will also need an eight-hour Safe Driving Practices course at a secondary or commercial driving school. They will still need two-hour parent training and 40 hours of practice driving.
Once an applicant completes their required driving training, they must hold a learner’s permit for at least 120 days. The holder can then make an appointment to take their road test. On the day of the road test, the hopeful driver must have the following:
- Learner’s permit
- Completed Application for Driver License signed by a qualified trainer proving their completion of the driver education and practice requirements
- The CS-1 Driver Education Certificate verifying they have completed their driver training
- A registered and insured vehicle to use for the test
- The license fee
Once the applicant passes their road test, they are eligible for a driver’s license. However, the following CT license restrictions apply:
- The holder must comply with the passenger restrictions for the first six months after obtaining the license
- The license holder may drive member of their immediate family for the following six months
- Prior to turning 18, the license holder cannot drive between 11 AM and 5 AM unless they are going to work, school, religious activities or for medical reasons
Minor Drivers Penalties for Violating the Law
Connecticut is very strict on their “Click It Or Ticket” rules and regulations. The driving rules in CT require 16- and 17-year-old drivers and their passengers to wear a seat belt. If either the driver or passenger is caught without one, both could be cited for the violation and fined $75.
Driver under 18-years-old who commit certain moving violations can have their license seized. Law enforcement can also suspend their license for 48 hours. They are authorized to remove the vehicle from the scene and their license will be held for 2 days.
If the teen wants to get their license back after the 48-hour period, they’ll need their parent or legal guardian. They all must head to the police department to sign a written statement stating the license has been returned. Too many of these offenses will require the driver to participate in a driver retraining program.
Anyone under the age 25 who commits violates two or more CT license restrictions must complete the DMV certified retraining program. Once they complete the operator retraining program, they cannot become a repeat offender within 36 months. If violated, they face having their license suspended.
In the event that this has happened to you or a young driver you know, contact Jonathan Perkins, New Haven car accident lawyer to help you out.
Bottom Line on Connecticut Driving Laws
It’s important to know and understand Connecticut Driving Laws before hitting the road. You need to make sure that you remain within the law while driving throughout the state.
If you want more information or have any questions, check out the Connecticut Driver’s Manual.
Don’t forget to bookmark our site for all things law!
Car Crash Aftermath: 9 Mistakes to Avoid
In 2018, motor vehicle accidents in the US claimed the lives of 40,000 people. An estimated 4.5 million people also suffered serious injuries due to these crashes.
What’s more, the NHTSA estimates that each year, 10 million or more crashes aren’t reported.
Now, we’re not pointing out all these stats to scare you permanently off the road. But we do want to prepare you in case you get into a car accident. By knowing what to do in a car crash aftermath, you can avoid making mistakes that can put you in safety and legal risks.
Ready to learn all about what not to do after a car accident? Then keep reading as we’ve listed the ones you should steer clear from!
1. Playing the Blame Game
Shock is the first emotion people feel right after a car accident, usually followed by anger. In fact, some can get so mad to the point of committing road rage, an act that injures or kills 1,700 people in the U.S. each year.
While it’s normal to feel anger, especially if the other driver caused the wreck, don’t give in to it. Don’t start yelling, cursing, or pointing fingers. Not only will these make you look bad — they won’t do anything to fix the issue.
Instead, take a few deep breaths — it’s a scientifically-backed method for calming down. Do this before you head over to the other car to ask the driver if they’re alright. This’ll also help you better assess the situation and even aid you in gathering evidence.
2. Admitting Accountability
“I’m sorry” is one of the things you should never say after getting into a wreck. Other people, such as witnesses, can interpret this as an admission of guilt. This two-word sentence can be all it takes for the driver to sue you or the police to hold you liable for the crash.
Even if you think it’s your fault, don’t admit anything yet. Because it may turn out that it’s not 100% your fault, and that the other driver also contributed to the accident. Just do your best to remain level-headed and ask the other driver to give you their insurance details.
3. Leaving the Scene
A lot of people wonder what to do after a car accident that doesn’t seem to have injured anyone or left any damage. The simple answer is to stop, stick around, and exchanged details with the other party.
Because if you don’t, you can either get a misdemeanor or felony charge. You’ll be on the worse end if it turns out that the other driver did suffer from injuries. State laws vary, but in all of them, it’s against the law to leave the scene of a car accident without stopping.
4. Not Calling the Police
All states require drivers involved in car accidents to exchange insurance info. Not all car accidents warrant a call to the police though, such as in some cases of fender benders. Still, it’s always a good idea to involve the 5-0, and for three good reasons.
First, the other driver doesn’t want to provide their insurance details. Their uncooperativeness may be due to their lack of insurance. That, in itself, may already be a crime, as driving without insurance is against the law in almost all states.
Note that the most recent data (2015) have found that 13% of U.S. motorists were driving uninsured. If you get involved with such a driver, you may not receive any compensation. So, better call the police for help.
Second, the other driver is saying you’re to blame for the accident. Again, don’t admit guilt, and instead, ring up the police.
Third, you believe that the crash may have caused injuries, even if they aren’t apparent yet. Some injuries, like whiplash and head concussions, have delayed symptoms. Their symptoms may take hours, even days to develop.
If you don’t report the incident to the police, the other driver may say that it didn’t even occur. If this happens, you may face large out-of-pocket costs to treat your injuries. This is a huge possibility, seeing as whiplash affects two million people in the U.S. each year.
5. Bypassing the 911 Call
No matter how minor the injuries, dial 911. It’s even more important if someone is unconscious, bleeding, or limping.
Even if these injuries turn out non-life-threatening, you don’t want to risk your and anyone else’s safety. And as we’ve mentioned above, some car crash injury symptoms may not be obvious right away.
6. Failing to Acquire Sufficient Evidence
Don’t rely on the police report alone. Regardless of who’s at fault, you should gather as much evidence as you can. There’s a lot that can happen in a few minutes, such as the other driver possibly getting rid of any evidence.
That said, take as many photos as you can of the scene, in as many angles as possible. Capture photos that contain both cars, the road, and road signs. Be sure to get zoomed-in photos of the point of collision too.
Get the names and contact of witnesses, such as pedestrians and store owners. Write down the date, time, and the direction that you were following prior to the accident. Note anything you can remember about the other driver before you two crashed into each other.
These tips can help you build a strong case against the other driver. They’re also paramount for your defense, in case they put the blame on you.
7. Delaying the Call to Your Insurance Company
After everything that happened, the last thing you want is to deal with more calls and questions. But if you keep putting off that call to your car insurance company, they may deny your claim. This may happen if you call them after the time period they give for accident claims.
Besides, you don’t have to go into a very detailed explanation right away. What’s important is to notify them about the accident as soon as you’re done talking with the police. From there, you can simply ask them to give you a few days to provide documentation.
8. Believing Every Word of the Insurance Company
Insurance companies may make it seem that they’re paying a lot for your claim. It may be the case, but many times, it’s not. It’s best to first get a lawyer to assess and evaluate your claim or the settlement offered to you.
9. Thinking Your Bruises Will Go Away on Their Own
Aside from injuries with delayed symptoms, there are also some that may appear minor at first. For instance, dizziness and deep purple bruises may already signal internal bleeding. You may also think that the pain in your abdomen is minor, but that can also mean you’re already bleeding inside.
You may also mistake broken bones for sprains and strains. That’s because they have similar symptoms, such as bruising, swelling, and loss of range of motion.
This is why you should never skip a visit to your doctor right after a car accident. It’s only through comprehensive medical examination that you can be sure you’re okay. And if you do have major injuries, then this can help you later on with your accident claim.
Don’t Put Yourself at Even More Risk in a Car Crash Aftermath
There you have it, your ultimate guide on the don’ts in a car crash aftermath. By avoiding these mistakes, you can minimize the safety and health risks of car crashes. This’ll also reduce your odds of getting blamed for the wreck, which can lead to a lawsuit.
Looking for more legal tips and advice about car accidents? Then head over to our blog’s Car Accident Lawyers section! We have a lot of other informative posts like this for you to read.
Car Accident Lawyers: Does it Matter Who You Pick?
When looking for a car accident lawyer, some make the mistake of not looking closely into the details of the lawyer’s success rate. You see, a good number of vehicular accident and personal injury cases are often resolved via a settlement that is to the satisfaction of all the parties involved. It is easy for lawyers to tout these settlements as evidence of their successful track record and experience. However, such cases don’t always end in out-of-court settlements and you may find yourself having to go through a court litigation. Settling out-of-court is one thing, but a lawsuit is a completely different process.
Quite a number of times, some insurance companies may be reluctant to give car accident victims their rightful compensation. Reasons behind this decision of insurance companies may stem from policy limits or even minute technicalities. When you find yourself in such a situation, you need an attorney who is also an expert in car accident lawsuits to represent you.
Why You Need an Attorney with Experience in Lawsuits
If a car accident case escalates to a court case, it usually falls under the personal injury lawsuit category. Such kind of a court case is akin to a divorce, claims or any other type of litigation. If the car accident case escalates with someone filing a claim in court, the case proceedings is likewise elevated to a whole new level. The court rules and proceedings will have to be followed closely and it is vital for your attorney to know the ropes enough to comply with all the requirements that you need to abide by to win your claim. Rules that govern the normal insurance claim process do not necessarily apply in litigation.
An attorney with very little experience with lawsuits might endanger your claim just because he failed to follow judicial proceedings correctly. This alone should be reason enough for you to choose lawyers who have an expertise in personal injury lawsuits.
So how do you choose an experienced lawyer to represent you in a car accident case?
How to Find the Right Lawyer
To land the right attorney to represent you in a car accident case, you should look into his or her experience as a litigator. Therefore, it will be good to examine and ask the lawyer if he litigates many cases. In addition to hearing what he has to say about his own experience, according to the marketing experts at Black Swan Media, you should also verify their testimonials and reviews – especially the ones found on Google My Business.
Bring up the possibility of a lawsuit and if he appears confident at that possibility, then the lawyer is a good candidate.
You should also check for the following:
Network. Your lawyer needs to be well-connected especially in the jurisdiction where you will file your claim. Courts and court proceedings are different. It will be to your advantage if your lawyer is familiar with and knows the right people in the jurisdiction.
Standing. If your lawyer has a good standing and reputation as a litigator, other parties involved just may acquiesce to a settlement that is acceptable and even favorable for you. Should the case go on trial, you know you have a good lawyer representing you.
Guarantee. Yes, look for guarantees. Lawsuits can be costly and it will be a relief if your lawyer has the resources to offer you a “pay-only-after-you-win” guarantee. Such an offer also shows your lawyer’s confidence in his abilities.
Conclusion
When looking for a lawyer to represent you in a car accident case, it will be to your advantage to look for someone who has experience and has a good record of accomplishment with court litigations. It will be wise to consider the possibility of the case being escalated to a lawsuit. Being prepared for such a possibility will increase your chances of having a favorable outcome for your claim.
Leave Nothing to Chance: Why Hiring a Motorcycle Accident Lawyer is a Must
Every year for the past few years, more than 5,000 people have died in motorcycle accidents. Another 8 million have been injured.
If you’ve recently experienced an injury due to a motorcycle accident, investing in a motorcycle accident lawyer may be one of the best decisions you could make.
Not sure if it’s a good idea for you to get a lawyer involved? Explained below are some of the primary reasons why you need to hire one to help with your case.
Receive the Compensation You Deserve
There’s a good chance you’re entitled to some kind of settlement after your accident.
There’s also a good chance that the other driver’s insurance company is going to do whatever they can to avoid paying you that settlement. Or, they might try to get away with paying you way less than what you deserve.
If you have a lawyer on your side, they’ll be able to calculate the exact value of your settlement and ensure you receive that amount.
Get Help Filing a Claim
The process of filing a claim with an insurance company can be tricky. If you don’t do it the right way, you could end up not getting any kind of settlement at all, or settling for less than what you need.
If you have a lawyer’s help, you can rest easy knowing that your claim was filed on time and in the correct way.
Get Answers to Legal Questions
Unless you’re a lawyer yourself, you probably don’t have a very clear idea of how the legal system works or what you can expect from your case. A lawyer can answer all your questions and give you a better idea of what’s going to happen moving forward.
Stay Informed About the Details of Your Case
Without a lawyer on your side, it can be hard to stay in the loop about what’s going on with your case. You may go days or even weeks without hearing from anyone. This can cause more stress and leave you feeling anxious about the outcome.
If you hire a lawyer, though, they can stay in communication with the insurance company and make sure your case is progressing. They can also keep you informed about what’s going on so you’re not in the dark.
Get Help with Negotiations
In the event that you need to negotiate a larger settlement, you’ll definitely want to work with a lawyer. They are better equipped to negotiate with insurance companies and ensure motorcycle accident victims receive nothing less than what they deserve.
Ensure You’re Filing Your Lawsuit Correctly
In the same way that a lawyer can help you file a claim with insurance correctly, they can also help you file a lawsuit correctly. Should you need to file a lawsuit, your lawyer will do the heavy lifting and ensure you’ve done everything necessary to have a valid case.
Get Represented in Court
If you have to go to court over your case, your lawyer will represent you and ensure you’re painted in a fair light. They won’t allow you to be taken advantage of during court proceedings and will fight for you to receive kind of the settlement you need.
Focus on the Recovery Process
Handling the legal aspects of a motorcycle accident case can be stressful and draining. All that stress can take a toll on your health and make it harder for you to recover from your injuries.
If you have a lawyer working for you, though, they can help to lessen the load and relieve some of your stress. This, in turn, allows you to focus more on your recovery.
Hiring the Right Motorcycle Accident Lawyer
There are lots of reasons why it’s a good idea to have a motorcycle accident lawyer on your side. However, you shouldn’t just hire the first person you can find. It’s important to do some research and ensure you’re working with a qualified lawyer.
Here are some tips to help you decide whether the lawyer you’re considering is a good option for you:
Consider Their Specialty
Start by finding out what their specialty is.
Motorcycle accident lawyers fall under the umbrella of personal injury lawyers, but not all personal injury lawyers are equally equipped to handle motorcycle accident cases. Look for a lawyer who specializes in auto and motorcycle accidents.
Ask About Their Success Rate
Don’t be afraid to ask about their success rate. Find out how many cases like yours they’ve handled in the past, and find out what the typical outcome is for those cases.
Ask for Referrals
Any lawyer worth hiring will be able to provide you with plenty of referrals. Once they’ve given you the contact information for some past clients, don’t hesitate to reach out and learn more about their experience.
Learn About Their Process
Be sure to ask some questions about their process, too.
What will their first step be after you hire them to handle your case? What will they need from you? How long do they think it’ll take to wrap up your case?
Figure Out Their Fee Schedule
Finally, don’t forget to talk about finances.
As you can see here, many motorcycle accident lawyers will offer a free consultation to review your case. During this meeting, be sure to ask what their rates are and how they charge (flat fee, hourly rate, contingency basis, etc.).
Find Your Lawyer Today
Now that you know more about the benefits of hiring a motorcycle accident lawyer (and how to hire the right one for your case), it’s time to start your search.
If you keep this information in mind, it’ll be easy for you to sort through your options and find a lawyer in your area who’s a good fit for you.
Do you need more help looking for lawyers who meet your needs? Give our free search tool a try today.
Don’t forget to check out some of our other legal articles, too, to learn more about what to expect when dealing with a motorcycle accident case.
Mistakes that Can Endanger Your Car Accident Case
Being involved in a car accident is something that nobody wants. Nonetheless, car accidents happen very frequently and they can cause physical or mental damages or traumas. Because of this you have to make sure that you know how to act in a situation like this so that you don’t jeopardize your chances of getting proper and fair compensation. In this article you are going to have a look at some of the most common mistakes that can endanger your car accident case and how to avoid making any of them.
Mistake number one
Probably the most common and the most obvious mistake is not hiring a specialized car accident lawyer who can help you and guide you through this unfamiliar process as soon as the accident took place. If you are looking to receive the best compensation you deserve then professional help is needed from the beginning.
Mistake number two
Admitting you are at fault for what happened. By no means should you tell the other party involved that you are the one to blame. At times, due to the shock, you might not be able to recall precisely everything that happened and you might be inclined to think that you are the one who caused everything. Wait for the investigation to unfold and show who was the one at fault, it might easily be the other person even though you can’t tell. Don’t let them use this statement against you.
Mistake number three
Not seeking medical care as soon as the accident takes place. It is vital that you receive medical care after an accident, regardless of whether you feel hurt or not. A lot of the times, due to the adrenaline, your body might not feel any immediate pain. But it is very likely that after the adrenaline, the pain and the other symptoms will install. The longer you wait before going to a doctor the lower the chances to prove that those injuries were caused by the accident in cause.
Mistake number four
Trying to settle things without involving the police. This is especially wrong if you are sure that the other driver is the guilty one. You need solid evidence to support your claim and help you receive the adequate compensation and this can be done with the help of a thorough investigation done by police.
Mistake number five
Settling with the first offer. In most cases, the insurance company of the driver who caused the car accident will try to make you an offer which will most likely be presented as “the best offer they can make”. In most cases, if they acknowledged their client’s fault and are willing to make you an offer it means that they are willing to negotiate and you shouldn’t sign with the first offer.
Mistake number six
Repairing your car because the other insurance company suggested that you do it. In most cases, these insurance companies are only looking after themselves and will try to send you to auto shops that can perform low quality services. Always make sure to compare prices and quality of the service shops and make sure to send your car to the one you feel most comfortable with.
To sum everything up, accidents can be hard to cope with, but with the right help and by avoiding these mistakes you can enjoy proper compensation for your loss.
Car Accident with No Injuries – Should You Take Legal Action?
Every year, millions of people die or suffer injuries which can more or less be treated, due to car accidents and negligent drivers. However, from time to time you can happily hear of car accidents which have led to no injuries, but just because there has been no injury does it mean that no legal action should be taken? Does this mean that there are no damages except the non-existing visual ones and that there is no culprit to take responsibility for his actions? This is false. No visible damage to the vehicle or no physical injury does not mean that legal action should not be taken, on the contrary. In the next paragraphs we will be looking at how to deal with car accidents with no injuries and how you can take legal action for them.
No visible damage does not mean no damage at all
For example, it might have happened that you were driving carefully and in accordance with the law when all of a sudden, a driver coming from the opposite side didn’t measure the distance accordingly and almost crashed into you. Lucky enough, you were able to pull to the right side and prevented an accident from happening. Your car is fine and does not present any sign of damage, the other car is also untouched, your body is doing well but mentally you are in a state of shock. A couple of seconds later and a catastrophe could have happened. The other driver will come and apologize and after asserting the situation and realizing that there are no damages or injuries involved, will try to make it slide.
Don’t let it slide
Do not agree with anything he has to say. You might be fine physically, but mentally you might not be in a position to make any clear judgement. You have just evaded death, you might need prolonged therapy sessions in order to overcome this moment. You might look good immediately after the accident, but other medical conditions might later appear as a result of this trauma. In fact, a lot of the people involved in such accidents with no apparent injuries will end up developing some sort of affection later in life. Because of this, by no means should you let the culprit or the situation go. On the contrary you can and should take legal action.
Take legal action
The first thing you want to do is hire a professional auto accident attorney who can help and guide you throughout this whole process. Many times, proving the damages from a car accident with no solid evidence of injuries will be more difficult, but with the right help you can get the treatment and the compensation you deserve.
To sum everything up, dealing with car accidents when there are no injuries can be a strenuous thing to do, but legal action can and should be taken.
