Each year in the United States, more than 4 million people are injured and more than 38,000 people die in automobile accidents. As a result, injured and surviving family members of bereaved families often suffer devastating financial, physical, and emotional circumstances. A car accident attorney can help ease the burden and get car accident victims the financial compensation they deserve. If you are injured in a car accident for which the other party is wholly or partially responsible, you may be able to claim your damages.
WHAT SHOULD YOU DO IMMEDIATELY AFTER A CAR ACCIDENT?
Even a minor car accident can easily leave you disheveled and unsure of what to do next. If you are not seriously injured and are not expecting an ambulance call, there are a few steps you can take after a collision to keep yourself safe and help you if you need to file a claim. Consider these steps:
- Contact the authorities.
If the accident is serious and someone needs medical attention, call 911. The police, ambulance and fire truck will come. If no one needs immediate medical attention, you should still contact the police to report the incident.
- Talk only to officers.
Avoid talking to the other driver.The shock of a car accident will probably make you nervous. Your intuition may tell you to apologize, even if the accident was not your fault. An apology can be tantamount to an admission of guilt. When the officers arrive, they take statements from everyone involved.Write everything down. Take photos or videos of vehicles, roadways, signs and signals, and any violations you may see. Also collect the contact details of everyone present, including eyewitnesses, and ask for the other driver’s insurance.
- Pass a medical examination.
You may find it unnecessary to see a doctor, but you should get checked for possible injuries, even if you feel completely normal. Some serious injuries have delayed symptoms and it is helpful to have official records from a doctor.
- Talk to an accident lawyer.
Sometimes you can get advice right away. You can even give advice right now.You do not need your own supporting documents to file a claim. In the event of a car accident, the police, lawyers and insurance companies conduct independent investigations. The lawyer will most likely have access to an accident reconstruction expert who can help.
WHAT ARE THE MOST COMMON CAUSES OF AT-FAULT CAR ACCIDENTS?
The two most common error-related accidents are rear-end collisions and cornering crashes. In rear-end collisions, the most common cause is a form of aggressive driving known as reversing. A skid occurs when a vehicle follows another vehicle too closely and does not leave enough space to stop without colliding when the vehicle in front brakes hard. Driving from behind at high speed and in a congested area is particularly dangerous and can lead to numerous car accidents.
Angle accidents have many potential causes:
- Improper lane changes
- Turning without a signal
- Exiting abruptly or from a distant lane
- Failing to yield
- Failing to stop at a red light or stop sign
- Attempting to run a yellow light
- Weaving in and out of traffic
Any of these actions, by themselves, can result in a serious accident. However, when combined with careless activities such as drunk driving, speeding or distracted driving, they can lead to even more serious injuries or even death.
COMMON INJURIES FROM CAR ACCIDENTS
Given the speed capabilities of cars, the wrong conditions can lead to dangerous collisions and significant damage, sometimes catastrophic. Car accidents generally fall into two categories: impact injuries and penetrating injuries. Impact injuries occur when the body hits a part of the passenger compartment, such as B. on the steering wheel or windshield. Penetrating wounds occur when something like glass penetrates the skin.
Some common injuries from car accidents include:
- Bone fractures
- Knee injuries, especially for people who suffer from previous knee injuries
- Spinal cord injuries
- Traumatic brain injuries, including concussions
- Bruises and contusions
- Chest injuries, such as bruised or broken ribs and organ damage caused by forceful impact
- Muscles strains and sprains
The point of impact in a crash can affect the type of injury. For example, rear-end blows often result in whiplash, which occurs when vigorous back and forth movement of the head causes tiny tears in the soft tissues of the neck. Concussions, among other injuries, are common in side impacts because the driver’s head can hit the window on impact. Some injuries can lead to costly long-term care and potential disability.
WHAT IS NO-FAULT INSURANCE?
Each state requires a car insurance policy, which usually includes motor vehicle insurance and sometimes insurance for uninsured/underinsured motorists. However, 12 no-fault states require drivers to have personal injury insurance. When a car accident occurs, no-fault insurance covers medical expenses, income, and the cost of any services, such as home assistance or transportation, that are needed as a result of your injuries. PIP will also cover funeral and burial expenses.
The advantage of a guarantee of no-fault decisions is that it eliminates the problem of determining fault. Your PIP insurance hides you even if you are 100% at fault for the weather. However, there are several cases:
- PIP insurance does not cover pain, suffering, or other non-economic damage.
- A loss of lost income has been detected that you can recover.
- In more serious accidents, your PIP insurance may not be enough to cover all economic losses.
you must have PIP insurance at fault, you must exhaust that coverage before you can sue the other driver. Some states have an injury threshold that allows you to sue. For example, in New York City, you can sue another driver if they include broken bones, disfigurement, total incapacity for 90 days, or prolonged or permanent limited use of bodily, system, organ, or member functions.
WHAT DAMAGES COULD YOU RECOVER IN A CLAIM OR LAWSUIT?
Damage refers to losses you suffer as a result of an accident. In the event of a car accident, the amount of damage directly affects the amount of compensation you can receive. More serious accidents result in greater damage. Types of damages also include compensatory and punitive sanctions.
Compensatory damages include the economic and non-economic losses that an injured person suffers from a car accident. The most common among these are:
- The cost of medical care for the injuries
- Lost income in the form of missed work, future missed work, or the loss of earning capability caused by permanent disability
- Costs related to damaged property, such as repair or replacement of the vehicle
- Pain and suffering, including emotional distress, mental anguish, depression, anxiety, inability to enjoy life as you did before
- Out-of-pocket expenses related to accommodations, such as childcare, transportation, or in-home help
- Funeral/burial expenses
- Loss of companionship or consortium
- Loss of income or benefits from a deceased person
Economic damage, which includes any loss of property, requires proof in the form of medical bills, future treatment plans, payment history, current tax returns, and any receipts or estimates of property loss. Non-economic damage is rather subjective. For example, a car accident attorney may collect your written testimony and testimonies from people involved in your daily life who have demonstrated their pain and suffering. Additionally, you can multiply the monetary value of your economic damage by a number between 1.5 and 5 to get the non-economic damage value. The more serious the accident and injuries, the higher the multiplier.
In the event of gross negligence on the part of the culpable driver, the court can impose penalties. This damage does not compensate for losses incurred as a result of injuries. Instead, the court may order the defendant to pay punitive damages to the plaintiff in addition to damages as punishment for particularly appalling conduct. Examples of actions that may justify penalties are:
- Driving under the influence of drugs or alcohol
- Excessive speeding in areas with high foot traffic or a school zone
- Driving a vehicle with known mechanical issues, such as nonfunctioning brakes, that could endanger the safety of others
Reckless or aggressive driving that results in an accident and the injury or death of another person may result in penalties. However, such damage is rare.
WHAT IF BOTH PARTIES ARE RESPONSIBLE FOR THE ACCIDENT?
Not all car accidents are due to negligence. Also, not all negligence in a car accident falls on one side. If you are jointly responsible for the accident and your injuries, you can still receive compensation under the comparative negligence rule under certain rules:
- If your state follows the modified comparative negligence rule, you cannot be held more liable than the defendant.
- If your state follows the pure relative negligence rule, you may be more liable than the defendant and still receive compensation.
- The comparative negligence rule requires the court to assign a percentage of fault to the plaintiff and the defendant. Your percentage will then be deducted from your premium.