What Should I Do At The Scene Of A Car Accident?
As per the latest statistics, more than 90 people are estimated to die every day due to car accidents. Other than that, 3 million people are estimated to suffer from injuries every year, again, due to car accidents.
In such scenarios where we have such alarming statistics, it is best to remain aware of the necessary precautions and measures pertaining to car accidents.
What Should You Do After A Car Accident?
A majority of the population is not aware of the actions to take right after a car accident. This leads to severe consequences in the long run such as injuries or problems during injury claims. The necessary steps that you should immediately take, given you suffer from a car accident, are listed below.
1. Stay At The Scene
Fleeing from the accident scene will only do you more harm than good. It will automatically establish that you were guilty. Therefore, simply stay at the scene and follow the next steps listed.
2. Call 911
Once you dial 911, you can ask for medical and for the police or any law enforcement agency. Even if you think that you have not been severely injured, you need to seek medical help right away because many injuries tend to show symptoms later on. By the time that you start feeling the symptoms, the injuries have complicated into something serious.
It is also necessary to have the police arrive at the scene so as to produce a police report. Having the report made instantly will prove you responsible on your part and can save you from future legal complications.
3. Document the Scene & Compile Information
Before the scene proceeds further, if you have the ability, gather as much information as you can. Since we all possess smartphones now, it is best to photograph and record the scene as well. The information you should gather includes:
- Contact information of the other driver
- Contact information of present eyewitnesses
- The other driver’s license plate number
- The other driver’s car details such as make, model, manufacturer etc.
All of these details and information shall prove helpful in your insurance claim later on. Any kind of delay in gathering information will only disrupt with your insurance claim later on.
4. Get Your Statement Straight
You will have to ensure that you do not end up admitting to ‘fault’ in the accident scene. Any kind of apology may establish that you were at-fault and will end up blotching your insurance claim.
5. Contact Your Insurance Provider
It is necessary to get in touch with your insurance provider within 24 hours of the accident so that you can file an insurance claim right away. Failing to do so will result in either very less compensation or no compensation for your losses at all. Also, consult with car injury lawyers so that you know how to deal with the insurance agents especially in matters pertaining to car accident claims.
Can You Sue If You’re Partially At-Fault for a Car Accident?
Lots of people are aware that if they are involved in a car accident caused by someone else’s reckless or careless driving, then they can file a personal injury claim. However, many people are unaware that they can file such a claim even if they are partially at fault for the accident.
There are several different systems used throughout the United States to determine liability in personal injury claims, and understanding these systems will help you to understand what to expect if you file a personal injury claim when you are partially at fault.
Comparative Negligence
Under a comparative negligence system, defendants are held liable for any damages that they are at fault for. There are two types of comparative negligence systems that are used in the United States – pure and modified. Under both of these systems, the portion of responsibility that each plaintiff and defendant are considered liable for is calculated according to a formula.
Under the pure system, plaintiffs are able to recover an amount from each defendant, according to the portion of liability assigned to each defendant. However, under the modified system, a plaintiff is only able to recover damages from defendants if the plaintiff’s own fault is found to be below 50%.
Contributory Negligence
A contributory negligence system works differently to a comparative negligence one. The main difference is that under a contributory negligence system, an injured party cannot claim any damages for the injury if they are deemed to be in any way responsible for it.
There is one exception to this rule under a contributory negligence system, and this is known as the Last Clear Chance Rule. According to this rule, if the party who caused the injury had a last clear chance to avoid doing so, the injured party can recover damages even if they are deemed to be partly responsible.
Joint and Several Liability
This type of liability applies when there are multiple injuring parties involved. Under this system, injured parties are able to recover the entire amount of any damages that they are owed by multiple parties, irrespective of what portion of the blame each party has been assigned.
Which Applies to You?
The rules and regulations surrounding personal injury claims will vary from state to state, so you will need to find out what the rules are where you are. The easiest way of ascertaining which of these applies to you is to consult with a personal injury attorney.
Whether you are involved in a trip or fall, a car accident, or any other form of personal injury where you believe that someone else is to blame, you should immediately consult with an attorney to see if you have a case worth pursuing. A qualified and experienced attorney will be able to guide you through the potential pitfalls of making a personal injury claim and will be able to alert you if they think that there are going to be any problems going forward with a claim.
Just because you are partially at fault for a car accident, that doesn’t mean that you aren’t able to make a personal injury claim. You will need to check what the laws and regulations are for your state, but do not give up hope just because you are concerned about your own liability in an accident. Speak to an attorney today to find out whether your claim is worth pursuing or not.
How to Protect Yourself in a Car Accident Claim
As you may very well know, car accidents are no joke and you should be careful when it comes to your health, if you’ve been recently involved in one!
This is because, first, even minor car accidents can lead to serious head and neck injuries that can affect your lifestyle. In such a case, you may want to file a claim and get compensated accordingly.
However, keep in mind that both the accident type as well as your injuries matter when filing a claim – and can also significantly affect the reward.
Here’s exactly what you should know about minor and serious car accidents
Minor Car Accidents
A minor car accident usually ends with little to no physical injuries – at least in the minutes after the accident. It is highly recommended that you get seen by a doctor no matter the type of accident, as even minor injuries can lead to serious complications.
In such an accident, the vehicle usually receives minor damage, and, in some states, you may not even be required to report it. Depending on how the other driver is, the two of you may simply exchange car insurance information and other personal data and be on your way.
Serious Car Accidents
Naturally, serious car accidents are known for major physical injuries, as well as for major vehicle damage – sometimes even beyond repair. The parties involved are required by law to contact the authorities, if possible, and stay at the accident scene.
Differences that May Affect a Claim
Given that you’re looking at the things you should know about minor and serious car accidents, you want to find out more about the things that can influence your personal injury claim.
Such information can help people decide whether they should pursue a claim, then settle it or go to court.
- Physical Injuries – minor car accidents usually come with no major physical injuries and, in most cases, are not seen as eligible for physical injuries damages. Naturally, a serious accident that could cause the victim permanent disabilities or other significant injuries is fully eligible.
- Financial Loss – as a result of serious injuries, the victim’s ability to work may be affected, and they may also need to modify their car/home to tend to their injuries. Not to mention the need for medical care. Minor car accidents usually don’t cause financial loss – besides the costs needed to repair the vehicle.
The Bottom Line
When involved in an accident, some people think that they are entitled to all kinds of damages, even if all they experienced was a fender-bender. In some cases, they may also simulate injuries and whatnot to make sure that they receive more money!
Therefore, it’s important to know that a lot more things are considered when the court analyzes a claim and not only what the victim says. To make a proper ruling, the victim’s lawyer, the insurance company, as well as the court, will take a look at all the details of the claim.
In short, while the main difference between minor and serious car accidents is the number of damages the victim can be awarded, that difference is thoroughly analyzed!
Mistakes Auto Accident Victims Make That Affect Success of a Lawsuit
Americans spend over 1 million days in the hospital each year from auto accident injuries. If you’ve recently suffered injuries from an auto accident, then you have a right to file an auto accident lawsuit.
But it doesn’t end there. You can unknowingly do something that will cause you to lose your case. Keep these tips in mind so that you don’t sabotage your lawsuit.
Failing to Document Your Injuries
If you suffer injuries in an auto accident, you need to document them. Take pictures immediately after the accident. If bruising develops over the next few days, take photos of them too.
You should also seek medical treatment immediately after and in the days after your accident.
Signing Your Rights Away
Never sign anything without your attorney looking at it first. The fine print can get hidden in the legal jargon that you may miss. This will cause you to unknowingly sign away your right to seek an injury claim later on.
Other releases may have you giving the insurance company access to your entire medical history. This violates your privacy.
Posting on Social Media
Don’t talk about your accident or your case on social media. The best thing to do is not to post at all.
Don’t think you’re safe because your profile is set to “private.” Investigators can find your posts, even if you have private settings engaged.
The insurance company and their lawyers will argue that you’re not really injured based on your social media posts. Remember, once you post something on the internet, it’s there forever.
Don’t Talk About Your Case
It’s tempting to talk about your case, but don’t do it. Defense lawyers, insurance companies, adjusters, and sometimes jurors will contact you to talk about the case. Do not engage with them.
The only thing you should do is direct them to your auto accident lawyer. Your attorney can answer any questions anyone may have.
Getting Caught During Surveillance
Once you file your claim, you need to be on your best behavior. Expect the insurance company to hire a private investigator to conduct surveillance on you. They will take photos and videos of you.
If you tried to do something questionable one day, admit to it. People will understand if you felt good one day and attempted to do more than your usual.
What people won’t understand is if you lie about what you’ve done. This makes you look untrustworthy and lack credibility. This will tarnish your reputation and make people question everything.
Missing Doctor’s Appointments
There is no excuse for missing your doctor’s appointments. This will be seen as not taking your claim seriously because you’re not that badly hurt. You need to show that you’re taking your recovery seriously and making every effort to heal.
Not Hiring Legal Representation
The legal process is a lengthy and complicated one. This becomes even more complicated when it’s an auto accident injury claim. You need experienced legal representation to ensure you ask for the entire amount possible.
Prepare for Your Auto Accident Lawsuit
If you’ve recently suffered injuries in an auto accident, then you may want to consider filing an auto accident lawsuit. The first step is to seek legal representation. From there, follow these tips to ensure you don’t sabotage your lawsuit.
Browse our other legal articles for more helpful information.
Top 3 Ways a Leased Car Accident Attorney Can Help You
If you got in a car accident, the next step you take is to call the ambulance if somebody’s injured. Then you have to find out where to report the accident by checking the lease document. After reporting, an adjuster will come to your help and then he/she will follow the following ways to help you:
Here are the top three ways
1. Contacting with the Other Driver’s Insurer
In a leased car accident case, your attorney will contact the other driver’s insurance representative, in a way to make a friendly relation with the other person’s lawyer. You shouldn’t contact the representative because your attorney is the one who should speak on your behalf and help you in this matter. There may be a chance for you to speak to the other insurer if their client is at fault, but there is a possibility that they have lied to their insurer, so in this case, their insurer doesn’t have any idea about who’s at fault. So only your attorney can help you in contacting the other driver’s insurance representative since it is very important to have a good connection with the adjuster.
2. Getting all the evidence of liability and destructions
Your attorney will try to get all the evidence needed to help you prove a right to being legally responsible in a vehicle accident. Your lawyer may go to the scene to get evidence by him/herself even though you have taken them at the scene after the collision. Your attorney may even speak to the investigators and the observers on your behalf.
It is very important to get all the injury documents from the hospital. But sometimes there is a problem of obtaining some of the documents from the healthcare providers since it is not safe in handing over all of the medical records to the patient or lawyer. There may be documents written by the doctor with not the use of proper words, like not explaining how and what exactly the problem is, or not describing the disability. In this situation, your attorney will contact your doctor, telling him/her to write a proper document mentioning your exact condition which is very important.
3. Arrangements with the lien holders
It is very important for your attorney to negotiate with your lien holder. Your attorney should try every method to reduce your lien by communicating with the lien holders. The lienholder can be an individual or a firm. Your attorney can help you in this way to give you all the required information on whether or not the lien is legal.
If you wreck a leased car, then a personal car accident attorney is going to be so much better in your case than any amateur would be. A good attorney will know how your case should be handled properly. By following all the possible ways to help you out, your attorney will save you from every kind of car accident issues.
Trucking Accidents and Their Impacts
There is no secret or mystery about the stark differences in size and speed and capabilities with vehicles traveling on the same road together. From motorcycles and tiny two seater sports cars to giant 18-wheeler rigs, and everything in between, all manner of transportation exists in a steady flow, most of the time. There does come a time, quite often and on every road, regardless of weather and road conditions, where these vehicles collide, or cause another to wreck. Driving a vehicle of any size or capacity takes great responsibility, awareness and dedication to the task at hand. Driving any vehicle requires a license, which requires a test or series of tests to pass. A CDL is required to operate commercial vehicles, including 18-wheelers, but even that’s not a foolproof system. We’re all still humans, afterall. Accidents do happen, and results of those accidents can be small bodily injuries all the way through the range up until death, and everything in between.
Truckers carry many reputations at a general level, most are positive, some are less so, but that’s the case with any generalized assumption and opinion set. Truckers keep the country moving, during rain, snow, holidays, storms, gorgeous sunny days … it matters not. The trucks move on, carrying food, electronics, animals, motors, cars, recreational vehicles, art supplies, car parts, clothing, raw materials … You name it, it’s probably been transported cross-country in a 53’ trailer, by a dedicated truck driver. Truck drivers do occasionally swerve, causing panic to drivers around them in smaller vehicles, as there’s not much warning or time to react in a safe manner. Drivers also fall asleep at the wheel, which can cause disastrous impact and major damages. Fire, serious wreckage and multiple car pile ups on a busy interstate highway are common scenes for people like traffic cops and wrecker drivers. Passenger vehicles can do their part by being more aware of the limitations and inability of 18-wheelers to stop or swerve out of the way on a dime, when the need arises. Physics, weather as well as human behavior play major factors when it comes to driving and road interactions.
No matter where in the world drivers are, whether going by the arch in St. Louis or through downtown Hong Kong, vehicles play a major factor in humanity and society. Many drivers have fears of driving near 18-wheeler rigs, due to stories they’ve heard of what can happen when something goes badly, or from their own past experience. Just like anything else in life, it’s a statistical possibility, but not likely in most cases, though measures of safety and practicality and responsibility should always be minded. Tractor-trailer rigs keep the economy bustling and moving along, carrying freight that touches lives of all varieties. Whether driving a motorcycle or large rig, it’s best to be aware, be mindful, practice responsible and respectful driving, to keep everyone moving along in a safe manner. Though when something does go awry, there are a host of professionals experienced in these exact scenarios that know exactly what to do, how to do it and get the best results, from police officers to attorneys, medical professionals to wrecker drivers.
Tips On How To Choose An Experienced Car Accident Attorney In Your City
Car accidents are among the more common incidents that occur on roadways. In fact, these incidents amount to over 3 million injuries each year. If you are every involved in one of these accidents, you are probably eligible to claim compensation for your injuries. However, due to a few factors which can interfere with claiming the maximum benefits, you should seriously consider finding a lawyer that will help you to achieve the best results so that you can make the most of your claim or benefits.
There are many car accident attorneys in every city and town, and most claim that they are the best service providers around. Due to so many options and all the promises on offer, it can be confusing to choose the type of lawyer that can handle your case professionally and efficiently. Yet it is important to know that finding an excellent lawyer can make a significant difference to the outcome of your case. This is why it is important to find the best lawyer that has experience with car accidents to deal with either your claim or to represent you in court. Below are a few useful tips to assist you in finding the best lawyer for your situation.
Some victims will hire a lawyer based on their advertisements, which is never a good idea. It is more important to consider a lawyer according to their achievements, records, and credentials. When possible, try to conduct your own research in your region or locality for lawyers that come highly recommended to find a professional that can become your representative to handle all the legal aspects of your case.
You can decide to hire an attorney according to their age or the school or university they attended. Yet for better results, look for an automobile accident attorney that is backed by a high success rate.
Even though a generalist might be good, it is far better to go for a lawyer that specializes in car accident cases. To give you an example, you would not go to a general medical doctor if you needed an appendectomy. The same rings true when it comes to personal injury cases. Car accident attorneys are specialists within this field which means hiring one of these experts improves your chances of winning your case or receiving a settlement that is larger.
Over and above the achievements and credentials of the lawyer, attitude also matters when it comes to achieving success. When the lawyer has a favorable disposition in their line of work and with their clients, it paves the way for an outstanding client-attorney relationship. It will also make you feel a lot more comfortable to raise concerns or ask questions that you may have about your case.
Your budget should also be an important factor before you hire a lawyer that specializes in car accidents. If you don’t have a lot of money to hire one of the more expensive lawyers in your city you don’t have to worry. An affordable lawyer doesn’t always mean they are not competent to fulfill these tasks. In some cases, you may be fortunate enough to find a lawyer that provides professional legal services pro bono (for free).
Over the years we have become a law practice that is well-known for our devoted and reliable representation of Personal Injury Claims in Miami, along with a lot of trial experience that is just about unmatched across Miami. If you have sustained injuries caused by a car accident and you need a car accident lawyer Miami, contact us today through our website or call us so we can advise you on your rights and whether you should be taking action.
Bicycle Accident? Bike Crash Lawyers Can Get You Back to Cycling
A lot of the motorists have a misconception that bikes should get on public roadways, which is not valid. Cyclists have the legal right to use public roads the same as motor vehicles.
In most cases, you’ll find that these motorists don’t adhere to the traffic rules and it’s quite unfortunate that the bias towards cyclists is also seen through the legal injury system.
Ideally, in case you have been wounded in a bike accident, you should pursue compensation for your injuries and bike damage from persons accountable for the accident. But with the arduous and challenging legal systems, many of the bikers often forfeit this process and ail to pursue their compensation.
But fortunately, retaining the best bike accident lawyers can aid to get you back to cycling.
Common Causes of Bicycle Accidents
Car accidents are responsible for a majority of the bicycle crash deaths. Most of these fatal bicycle accidents happen in urban areas where there is the most substantial traffic, particularly during daytime evening rush hours.
These accidents, in most cases, are catastrophic and a huge percentage of the cyclists succumb to injuries.
Bicycle accidents are caused by a various reasons such as cyclists making unpredictable moves, riding on the wrong side of the road, a car cuts off on a roadway, and so on.
Nonetheless, despite the alarming statistics, bike accidents involving motor vehicles only account for approximately 30%. The rest of the bicycle accidents are caused by other reasons such as collision with pedestrians, falling off due to poor roads, defective bikes, or incompetent cycling.
Defining the Liability in Bicycle Accidents
If a cyclist is not at fault for the accident, the party involved is responsible for paying the damages for any injuries and damages caused to the cyclist. However, if the cyclist was the one at fault, they might not get compensation in the personal injury legal system. In fact, they might have to pay for the damages caused to the party involved. However, if both the parties share the fault, the cyclist may get compensation at a diminished rate, as stated by the comparative negligence rules. For example, if the court finds that the other party was partially responsible for the accident, the cyclist will similarly receive partial compensation.
Best Car Accident Lawyers
When you get involved in a bike accident, it is recommendable to hire an experienced bicycle accident lawyer for representation.
Finding the right car accident lawyer is essential in getting a fair compensation and one that you deserve.
However, with so many lawyers out there, it might be hard to get the right one.
Ideally, the best car accident lawyer should have a proper understanding of the personal injury law. They should be knowledgeable in the personal injury domain, and this will help to increase your chances of getting a fair compensation.
More so, you should seek to know the level of experience and years they have under their belt in the legal domain. Make sure they have a good experience in bicycle accident claims and are up to date with the applicable laws.
In any case, having a professional attorney by your side in beneficial in plenty of ways, including proper negotiation with your insurance provider for a fair and higher compensation, contrary to what you would have achieved on your own.
Final Thoughts
The action you take in the aftershock of a bike accident has a substantial influence on the amount you recover for your medical fees and bike damages.
Retaining a qualified accident crash attorney will take the compensation process and legal demand off from your shoulders for you to concentrate on recuperating from your injuries.
4 Top Car Accident Lawyer Benefits
Have you ever been involved in a car accident? Well, the confusion and pain can knock you off balance, affecting how you process the situation. If you have, or your loved one has been in an accident, you need to protect your rights. Immediately after seeking medical attention, is call your lawyer for consultation and to devise a strategy moving forward. An experienced Huston car accident lawyer will assess the situation to determine if you have a case and the best way to ensure you receive rightful compensation. You could, however, be wondering why you need a Huston car accident lawyer while you can file a claim and wait for insurance to compensate you for your loss. If you are at such a stage, here is why enlisting professional legal services is the best approach.
Insurance and legal experience
Can you conveniently navigate through the complex legal concerns? Well, while you might have an idea of what statute of limitations means for your case, you need more than an idea to successfully navigate the process. Apart from challenging terminologies, insurance concerns could also derail your quest for justice and rightful compensation. With their experience and expertise, a reliable Houston car accident lawyer will guide you through the proceedings, ensuring that you file the right documents and fill the required forms as they should. The lawyer will also deal with insurance companies, especially noting that you can easily be intimidated by the large corporations, forcing you to settle on compensation that doesn’t match your suffering.
Evidence collection
Houston car accident lawyer has access to valuable tools that make evidence collection and documentation more thorough. Moreover, with their professional connections, they can effectively find compelling materials that you would otherwise miss as you struggle to build a solid case. From concerns such as accident reconstruction professionals, cooperating with authorities and medical professionals, to talking with witnesses, among other considerations, experienced lawyers will effectively collect and document evidence to give your case an edge.
Facilitate fair compensation
While calculating the compensation amount, you may be only looking at the economic losses, but non-economic losses should also be factored in as well. Determining the non-economic losses value is, however, quite tricky, as determining the value of your pain and suffering or loss of desire to enjoy love and relationship is not that straightforward. With their expertise, nonetheless, experienced Houston car accident lawyer will conveniently include such loses, and employ their negotiation skills to ensure you receive fair compensation.
Court representation
Car accident cases are not always settled out of court, and in case, Houston car accident lawyer will represent your interests in court. While you could find it hard to deliver compelling arguments to convince the jury and give your case a solid ground, with their skills, experienced lawyers utilize the evidence collected to ensure that the jury sees your loss and pain, leading to favorable outcomes.
Your emotional attachment to the accident case can affect how you move forward. This leaves you vulnerable, and without a lawyer, insurance companies can intimidate you with legal and insurance terms to trick you into taking a compensation amount lower than what you rightfully deserve. Don’t let be the case; let the professionals handle the proceedings as you concentrate on recovery.
What do I do Immediately After an Accident?
More than six million accidents happen in the US every year. For perspective, there are states and countries with populations smaller than six million. When accidents happen, those involved can be easily discombobulated and forget what to do in its aftermath. Though confusion and a general lack of knowledge are understandable, the law does not always see it this way. If you do not follow certain protocols after a car accident, you could potentially be held criminally and financially liable for it. Additionally, it is important to ensure that you check on your own health as well as the health of others. Even if you find that you have emerged from the accident unscathed, you have a duty of care to check on the well being of others involved. Taking the appropriate steps after an accident can be especially beneficial if you have suffered injuries due to the fault of another driver. According to car accident lawyers Dennis Grossman and Paul Grossman, it is in your best interest to immediately connect with an attorney after you have been involved in an accident. Learn more about what to do immediately after a collision has occurred below.
Steps to Take After an Accident Has Occurred
If you wish to protect your financial, legal, and medical interest after an accident, it is imperative that you follow the correct steps. Otherwise, you may leave yourself vulnerable to a bevy of negative consequences that could have otherwise been avoided. Listed below are the most important steps in the event that you are involved in an accident.
- Move yourself to a safe area (if possible)
- Check on others involved in the accident
- Contact the police
- Exchange insurance information with other drivers involved
- Seek medical attention
- Collect evidence of the scene (i.e. pictures, videos, identify eyewitnesses, etc.)
- Contact a personal injury attorney
What You Shouldn’t do After an Accident
While there are certain steps that you should take in the aftermath of an accident, there are other things that you should absolutely avoid. When you get into an accident, never drive off without at least exchanging information with the other drivers involved. Most states require a police report if there are any injuries or a substantial amount of damage. Driving away from the scene without fulfilling these legal obligations could result in a hit and run charge being levied against you. Furthermore, never admit fault to witnesses, other involved, the police, or insurance companies. Allow your attorney to fully investigate the accident and come to an independent conclusion of who is at fault. Lastly, if the other driver(s) is at fault for the accident, do not negotiate with the insurance company without the help fo your attorney. If you do, it is likely that you will not receive full compensation for your damages and/or injuries.
Why It’s Important to Consult With an Attorney
If you have been injured in a car accident, it can be difficult to determine fault on your own. Going up against the high powered lawyers and claims adjusters of the insurance company without your own legal representation is a recipe for being taken advantage of. An experienced personal injury attorney is trained to fully investigate accidents, determine fault, and aggressively negotiate with the insurance company. Furthermore, most attorneys offer a free consultation. With this in mind, you have nothing to lose by at least consulting with a lawyer.
