Do you need a car accident lawyer? Are you involved in an auto accident lawsuit? Car accident lawsuits are on the rise and you should never try to handle it without an Attorney. Car accident incidents are a daily occurrence and your car insurance doesn’t always do what is right for you, just what is right for them. Get the information you need to find the right attorney.
Car accidents occur on a large scale every day. The impact a car accident can have on someone can be tremendous. Even in simple fender bender car accidents an individual involved can suffer back and neck injuries that have a lasting adverse effect. It is advised to contact both a car accident attorney and a physician following a car accident. Injuries sustained from a car accident, no matter how minor, can later end up causing aggravated pain and medical costs.
After a car accident gather all necessary information involving all car accident drivers and passengers and refrain from making any type of statement or signing any papers without first consulting with a car accident attorney. Anything said at the time of the car accident can be used against you and disqualify potential car accident compensation. Make sure you understand your car accident legal rights and options.
Car accident attorneys understand the complexities that car accidents entail, including both legal and insurance matters. Determining who is at fault for a car accident can be difficult do to the many factors a car accident can involve. A car accident attorney has resources to quickly and effectively determine who the liable parties are. Even if someone involved in a car accident thinks that they are partly at fault for the car accident they may still be able to collect damages.
Car accident claims are probably the most common type of civil tort case filed by attorneys today. Except in those states where legislation has been passed doing away with fault as an issue (no-fault laws), car accident cases are litigated under general negligence principles. The lawyer for the plaintiff injured in a car accident files a law suit in court and is required to prove that the defendant was negligent, that the negligence was a proximate cause of the car accident, and that the car accident caused the plaintiff's injuries. Not only may the defendant contest these issues, but under common law the defenses of contributory negligence and assumption of risk may also be raised to defeat the liability portion of the auto accident claim. Damages may be attacked on the basis that they were not proximately caused by the car accident (causation) or on their severity.
What should you do in the event of an accident?
First -- after everyone is out of danger and any medical and police help needed has been summoned -- get the information you may need and put it down in writing. At least the following information is suggested:
(1) Who were the drivers of the vehicles involved?
(2) Did all drivers have driver's licenses? Be sure to get the driver's license numbers and addresses of the drivers!
(3) Did any of the driver's appear to be under the influence of alcohol or drugs? (Write down who and why you think they were and who else observed that same thing. After the effects wear off it would be your word against theirs.)
(4) Were any passengers in the vehicles? Get their names and addresses!
(5) Were any pedestrians involved in the accident? Get their names and addresses!
(6) Did any person involved in the accident report any personal injury shortly after the accident? Who are they, and where do they live?
(7) Was medical assistance rendered at the scene of the accident?
(8) What personal injury did the injured person report? Did anyone say "I'm not hurt"?
(9) What was the actual location of the accident?
(10) Were there any witnesses to the accident (other than those directly involved in the accident)? Get the names, addresses, and telephone numbers of all witnesses!
(11) In what direction were the vehicles traveling just prior to the accident?
(12) At what time of day did the accident occur?
(13) What were the weather conditions at the time of the accident?
(14) Was there anything "wrong" with the vehicles before the accident, such as driving with a broken headlight at night, or with bald tires?
(15) Was there any damage to the vehicles as a result of the accident? (Even if there wasn't, that does not mean that someone may not have been injured, even with a "soft tissues injury".) What parts of the vehicle were damaged?
(16) Who were the registered owners of the vehicles (names and addresses)?
(17) Were all vehicles involved in the accident insured? What are the names of the insurance companies and the policy numbers? (If they said how much insurance they had, record that too.)
(18) Did any of the vehicles need to be towed from the scene of the accident?
(19) How did the accident occur?
(20) Did anyone accept responsibility for the accident, such as by saying "It was my fault, I am sorry. I was speeding / not paying attention / not wearing my glasses / distracted / tired / late for work / in a hurry / my coffee had just spilled ... etc."? If so, write it down.
(21) Did anyone else say something to indicate that s/he too was at least partially at fault -- such as "I should have seen you but I was on my cell phone / I've been taking these pills / my eyesight isn't what it used to be after dark, etc"?
(22) Did the police come? If so, did they issue anyone a ticket? Which officers were present?
As much basic information as possible should be gathered immediately after the accident occurred. As time passes, memories tend to fade and new versions of the chain of events are created. Putting the basic information down on paper helps later when liability for the accident begins to be examined.
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