If you recently sustained injuries in a car crash, always retain the right legal representation as quickly as possible. Ideally, on the same day as your accident, contact a car accident lawyer to begin advocating for your legal interests and protecting your rights. Once a lawyer enters an appearance in your case, they can gather essential documents, negotiate with insurance company representatives, and, if necessary, file a lawsuit and litigate your case through the court system.
Car accident victims have only two years from the date of their accident to file a personal injury lawsuit seeking monetary recovery. If you fail to file your lawsuit within this time frame, absent a few limited exceptions, the courts will prevent you from recovering any monetary compensation or damages for your injuries. Therefore, act immediately to secure experienced legal representation from an experienced car accident attorney in your case.
Car Accident Categories
Most car crashes directly result from negligence on the part of another driver. Drivers are negligent when they deviate from the standard of care, act unreasonably under the circumstances, or violate one or more traffic laws. When people drive recklessly or negligently, they may cause accidents.
A negligent driver may cause a rear-end or tailgate accident, usually because the responsible driver broke the speed limit or failed to observe the road. They might also drive too fast for the weather or traffic conditions.
On the other hand, a head-on collision happens when the front of one vehicle hits the front of an oncoming car traveling in an opposing lane. These accidents frequently occur when drivers pass other vehicles in a no-passing zone, fail to observe the road, or drive under the influence of alcohol or drugs.
Next, a T-bone or broadside collision can occur when a driver fails to yield the right-of-way to another vehicle at a traffic intersection, such as by running a yield sign, red light, or stop sign. When this happens, the front of the at-fault driver's vehicle may hit the side of a car traveling on an intersecting roadway.
Finally, sideswipe accidents typically occur on multi lane roadways where many cars travel together in the same direction. When a driver negligently causes their vehicle to drift to another travel lane, they may cause the side of their car to strike the side of another vehicle.
If you sustained injuries in one of these common types of car accidents, you need to reach out to an experienced car accident lawyer as soon as possible about your potential options. Your lawyer can answer all your questions, explore your options, and select the best course of action for your case.
For instance, your lawyer can file a claim with the at-fault driver's insurance company or proceed to file a lawsuit in court if the statute of limitations is about to run out in your case.
Why Do Car Crashes Happen?
Car crashes usually occur when drivers are inattentive, intoxicated, or reckless. They can also happen when people drive aggressively, such as by exhibiting road rage.
Inattentive or distracted driving occurs when a driver fails to pay sufficient attention to the road. Rather than watching the road, the driver might instead be texting on a cellular phone or tablet, listening to loud music in their vehicle, roughhousing with vehicle passengers, fiddling with a GPS navigation system, or adjusting the volume on their stereo system. Alternatively, they might turn their head to reach for something in the back seat of their vehicle.
All these activities may take a driver's eyes off the road and divert their attention, potentially bringing about a severe accident.
Car crashes can also happen when people drive while under the influence of drugs or alcohol. Despite the many warnings that people receive about the dangers of intoxicated driving, that does not stop many individuals from getting behind the wheel after having too much to drink.
Drunken driving is hazardous because it may cause a driver to lose focus and prevent them from concentrating on their primary job — observing the road. Additionally, an intoxicated driver may experience blurred vision, causing them to swerve in and out of their travel lane and potentially hitting another vehicle. Drunk drivers may also experience delayed reflexes and delayed reaction time, preventing them from stopping in time to avoid a crash.
Next, some other vehicle accidents happen when drivers violate standard traffic laws and standard driving procedures. For example, they might speed excessively, attempt to pass other vehicles in a no-passing zone, refrain from using their turn signals properly, or fail to yield the right-of-way to another vehicle at a traffic intersection or highway merge lane.
Moreover, some drivers cause accidents when they fail to use their side view and rearview mirrors, especially when driving in heavy traffic or backing out of a parking space.
Finally, some car accidents happen when people drive aggressively and recklessly. This type of driving is sometimes known as road rage because the driver becomes upset due to a real or imaginary roadway circumstance that arises.
Angry drivers often resort to aggressive driving maneuvers, such as tailgating, zealously weaving in and out of traffic, honking their horns, and speeding. As a result, they might inadvertently cause a car crash that injures one or more other drivers or passengers.
If you sustained physical injuries in a motor vehicle crash resulting from one of these types of driver errors, a knowledgeable car accident attorney can immediately assist you. Your lawyer can begin investigating the circumstances of your accident by reviewing police reports and speaking with witnesses.
They can also retain an accident reconstructionist to visit the accident scene and draft a report about how the accident happened and who caused it. Your lawyer can then file the appropriate claim or lawsuit so that you recover the monetary compensation you need for your injuries.
How to Prove Your Car Accident Case Successfully
Your case must satisfy several legal elements to successfully recover monetary damages in a car accident claim or lawsuit.
First, your lawyer must establish that the other driver behaved unreasonably, usually by violating one or more traffic regulations or laws. Next, your lawyer must legally demonstrate that as a direct result of this error, the driver caused the accident that led to your physical injuries and damages.
To establish the causal relationship between an injury in the car accident, your attorney can retain a qualified medical expert to examine you, draft a report, and, if necessary, testify as a witness in your case. That medical provider can establish, to a reasonable degree of medical probability, that your injury or injuries are directly related to the car accident you were in. The expert medical provider can also establish that you suffered one or more permanent injuries.
Your attorney can make sure your case fully satisfies every legal element of your personal injury claim, enabling you to recover the fair monetary compensation you deserve for your injuries.
Injuries That Car Crash Victims May Suffer
The various injuries that car crash victims may suffer will typically depend upon the accident circumstances, how the victim's body moves inside the vehicle during the crash, the force of the collision, and the type of collision that occurs.
The more intense the collision, the higher the likelihood that a driver or passenger will suffer permanent and debilitating injuries. However, even seemingly minor crashes can result in shockingly severe injuries.
Some of the most common injuries a car crash victim may suffer in a severe accident include bruises, open lacerations, mouth and teeth injuries, eye injuries, broken bones, rib fractures, soft tissue whiplash injuries, spinal cord damage, paralysis, traumatic head and brain injuries, and death.
After your accident, you must complete any medical treatment regimen your healthcare provider recommends. For instance, you might need to attend ongoing physical therapy appointments, undergo surgery or other medical procedures, or see your primary care doctor.
Continue treatment until a medical provider formally discharges you from care. Otherwise, the at-fault driver's insurance company may become skeptical about your injuries. Also, by treating continuously and completely for your injuries, you increase your chances of fully recovering following your accident.
In addition to seeking ongoing medical treatment, you should call a car crash lawyer in your area as quickly as possible after your accident. Your lawyer can begin advocating for you by gathering the appropriate documents to prove the legal elements of your case. Once your medical treatment concludes, your lawyer can submit a settlement demand package to the insurance company adjuster for review and evaluation.
How Can a Car Crash Lawyer Benefit You?
In general, the sooner you retain a car crash lawyer to represent you following your accident, the higher your chances of obtaining a favorable monetary award in your case. Your attorney can handle every step of the claims-filing and litigation processes and work to maximize your overall monetary result.
Gathering Important Documents
First, your attorney can gather the necessary documents to prove each legal element of your personal injury claim. These important documents may include copies of police reports, statements from witnesses to the accident, medical bills, medical treatment records, injury photographs, property damage photographs, photographs of the accident scene, and lost-wage documents from your employer.
Your attorney can then submit these documents into a settlement demand package for the insurance company adjuster who is handling your claim.
Pursuing a Personal Injury Claim
Next, your lawyer can negotiate a fair and reasonable settlement offer in your case. In general, initial settlement offers from insurance company adjusters are very low. Therefore, your attorney will likely need to negotiate with the adjuster several times before they increase their offer to a meaningful number.
Insurance companies take this approach because they want to save themselves as much money as possible. If the adjuster will not budge on their offer, your lawyer can file a lawsuit in the court system and begin the litigation process.
Filing a Lawsuit
Filing a lawsuit begins litigation in a car accident case. During litigation, the parties will answer written interrogatories, take one another's depositions, attend settlement conferences with the court, and continue their settlement negotiations.
If the case does not reach a resolution during litigation, then the parties will either take their case to a civil jury trial or pursue one or more types of alternative dispute resolution (ADR).
At a jury trial, the members of the jury will resolve all disputed issues and decide the amount of monetary compensation to award the injured car accident victim. At ADR, on the other hand, a neutral mediator or arbitrator will assist with the process outside the courtroom.
Recovering Monetary Damages
Car crash victims who can prove each legal element of their claim can recover various monetary damages. These monetary damages include compensation for lost income, past and anticipated medical costs, loss of earning capacity, loss of spousal consortium, permanent disfigurement or disability, long-term care costs, past and future pain and suffering, mental anguish, and inconvenience.
Your attorney can determine the damages you might recover as part of your car accident claim or lawsuit. Your lawyer will then decide on the best course of action to maximize your total monetary recovery.
Call a Car Accident Lawyer Near You Right Away
In any car accident claim, time is of the essence. Therefore, you need to involve a knowledgeable personal injury lawyer in your case as quickly as possible after your accident. Your attorney can immediately begin advocating for you and pursuing the monetary recovery you need for your accident-related losses.
Never trust insurance adjusters or try to handle the claim process yourself. You already have enough stress. Put your claim in the hands of a car accident attorney as soon as possible.
