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Car Accident Injury Lawyers

Legal Steps After a Car Accident

If you are involved in a car accident, it is important to take the following steps to protect your rights and gather evidence for a potential lawsuit:

• Seek medical attention for any injuries, even if they seem minor.
• Call the police and file a report of the accident.
• Take pictures of the damage to the vehicles and the accident scene.
• Get the contact and insurance information from the other driver(s) involved in the accident.
• Contact a personal injury attorney who can advise you on your rights and guide you through the legal process.

Benefits of Hiring an Auto Accident Attorney

If you have been injured in a motor vehicle accident, hiring an experienced attorney can provide a range of benefits, including:

• Knowledge and expertise
  • An experienced attorney will have the knowledge and expertise to navigate the complex legal process and ensure that your rights are protected.
• Communication with insurance companies
  • Your attorney can communicate with insurance companies on your behalf and negotiate a fair settlement that covers your medical bills, lost wages, and other expenses.
• Investigation of the accident
  • Your attorney will conduct a thorough investigation of the accident to gather evidence and determine liability.
• Representation in court
  • If necessary, your attorney can represent you in court and fight for your rights in front of a judge and jury.
• Peace of mind
  • Hiring an attorney can provide peace of mind and alleviate some of the stress and anxiety associated with a motor vehicle accident.

Common Examples of
Driver Negligence That Result in Lawsuits

Some of the most common examples of driver negligence that result in injury lawsuits include:

• Distracted driving: This includes activities such as using a cell phone, eating, grooming, or reading while driving.
• Driving under the influence (DUI): Operating a vehicle while under the influence of drugs or alcohol is illegal and considered negligence.
• Reckless driving: This includes behaviors such as excessive speeding, tailgating, and sudden lane changes.
• Failure to signal: Negligence can be established if a driver fails to signal when changing lanes or making a turn.
• Failure to yield: Negligence can be established if a driver fails to yield the right of way to other vehicles, pedestrians or bicycles.
• Ignoring signals and road signs: If a driver disobeys traffic signals, stop signs, or other road signs and causes an accident, they may be held liable for all resulting damages.

Proving Another Driver’s Negligence

To prove another driver’s negligence in a car accident lawsuit, you will need to show that the driver had a duty of care to exercise reasonable caution while driving, that the driver breached that duty, and that the breach of duty caused your injuries and damages. This may require the use of evidence such as witness statements, accident reports, and medical records.

Common Types of Car Accidents

There are many different types of car accidents, each with their own distinct characteristics and causes.

Some of the most common types of car accidents include:

• Rear-end collisions: These accidents occur when one vehicle crashes into the back of another vehicle that is stopped or moving slowly. They are often caused by distracted or tailgating drivers.
• Head-on collisions: These accidents happen when two vehicles collide while traveling in opposite directions. They can be caused by drivers who are under the influence of drugs or alcohol, or who are fatigued or reckless.
• T-bone collisions: Also known as side-impact collisions, these accidents occur when one vehicle strikes the side of another vehicle. They often happen at intersections and can be caused by drivers who run red lights or stop signs.
• Rollover accidents: These accidents happen when a vehicle tips over onto its side or roof. They are more common in SUVs and trucks, and can be caused by factors such as high speeds, sharp turns, or a defect in the vehicle’s design.

Unique Factors in Car Accident Lawsuits

The legal process for accident claims can vary based on the vehicles involved in the crash.

For example, injured parties may have a different legal experiences depending on whether an accident involved cars, motorcycles, commercial trucks and busses in the following ways:

• Statute of Limitations: The statute of limitations for filing a personal injury claim may vary depending on the type of vehicle involved in the accident. For example, in New York, the statute of limitations for filing a personal injury claim for a car accident is typically three years from the date of the accident. However, the statute of limitations for filing a bus accident claim can vary depending on whether the bus is operated by a government agency or private company.
• Insurance Requirements: The laws and regulations regarding insurance requirements for different types of vehicles may vary. For example, in New York, cars are subject to the state’s no-fault insurance system, meaning that injured parties must first seek compensation from their own insurance company, regardless of who is at fault. But in Illinois’ at-fault system, the person that is held at least 50% responsible for the accident must pay for the damages of all injured parties.
• Liability: Liability is the legal responsibility for an accident. In a car accident lawsuit, the parties involved would likely be the drivers and passengers of the cars involved. However, in a commercial truck accident lawsuit, the process would involve not only determining fault between the drivers, but also determining whether the company that owns the commercial vehicle or employs the driver is also liable. Also, in a bus accident lawsuit, the process would involve determining fault between the drivers, as well as determining whether the school district or transit bus company is also liable for any injuries or damages.
• Legal Standards: Different types of vehicles may be subject to different legal standards. For example, commercial trucks are subject to federal regulations and state laws, which may impact the legal process. Boating accidents, on the other hand, fall under maritime law, which may differ from state personal injury laws.
• Evidence Collection: The process of evidence collection may vary depending on the type of vehicle involved in the accident. For example, the evidence collection process in a commercial truck accident may involve a more complex investigation process, as the truck’s electronic logging device and maintenance records may be relevant to the case.

How Auto Accident
Attorneys Maximize Settlements

The primary role of a car accident lawyer is to help their clients navigate the legal process and pursue compensation for their injuries and damages.

This can include:

• Negotiating with insurance companies
• Representing clients in court
• Maximizing compensation to cover all related damages including medical expenses, lost wages, pain and suffering
• Minimizing fault for an accident on behalf of the victim
• Collecting and organizing witness statements, police reports, medical documents, and all other paperwork requirements
• Filing claims on the victim’s behalf
• Keeping clients up-to-date on their lawsuit’s progress with constant communication

Because of this, hiring help from a car accident attorney is often the best way to maximize the chance of winning settlements with the highest possible values.

Examples of Negligence
In Motor Vehicle Accidents

Negligence is a legal term that refers to a failure to exercise reasonable care, which results in harm to others.

In the context of motor vehicle accidents, negligence can take many different forms.

Here are 10 examples of driver negligence in motor vehicle accidents:

• Exceso de velocidad
• Running Red Lights & Stop Signs
• Driving Under the Influence of Drugs or Alcohol
• Distracted Driving
• Failing to Signal
• Tailgating
• Failing to Yield
• Improper Lane Changes (ex: without signaling)
• Driving While Fatigued
• Poor Vehicle Maintenance