It is difficult to deal with a car accident. It results in physical and financial damages. There are medical bills to pay. You are affected by the lost wages. In serious injuries, you may be permanently disabled. Some types of injuries are not obvious immediately and appear after several weeks or months. It is important to consult a vehicle accident lawyer as soon as possible after the accident. A big advantage with this type of case is that you do not have to worry about paying the fees of the lawyer. It is a no win no fee case whereas you pay the lawyer’s fee only when you win the case. Lawyers representing the victims of motor vehicle accidents generally charge a percentage of the claim amount.
The laws regarding these accidents are clearly defined. Each and every aspect of the accident is covered under the car accident laws. Whether you have suffered an injury or the accident resulted in damage to your property, you are entitled to receive compensation. The first step is to determine the driver responsible for the accident. This law is governed completely under the state law. The victim has to prove certain things.
The law requires drivers to drive in a reasonable way. They have to comply with the legal requirements related to safety, speed and vehicle maintenance. Drivers must observe and follow traffic signal rules and be aware at all times while driving. It is for the plaintiff to prove how the defendant failed to follow these rules and requirements. Direct evidence as well as eyewitness testimony, surveillance videos and any admission of fault are taken into account when determining the driver who was at fault.
A vehicle accident can result due to speeding. The driver neglects the speed limit and causes the accident. Some drivers keep talking on the cell phone while driving. Distracted driving can also result due to sending text messages, changing radio stations or other acts that take the driver’s attention away from the driving. Excess consumption of alcohol or use of some types of drugs impairs a driver’s performance. Ignoring road signs lead to road accidents.
All details including blood alcohol reading, skid marks and smudges of paints are admissible as circumstantial evidence. The victim must prove the injuries were caused by the crash and did not exist earlier. It is necessary to prove harm because a case of negligence cannot be established without proving damage to the person or vehicle. The law does not entertain “near miss” cases. The plaintiff is entitled to get compensation if harm is proved. The compensation amount is determined not only for the medical expenses but also for lost wages, pain, grief and other things.
It is important to gather as much details of the motor vehicle accidents as possible. You should note down the name, phone number, license number, address and insurance details of the other driver. A smart phone, camera or tablet can be used to record the accident scene following the accident. Voice memos with video of the accident scene can be recorded. The video recording shows conditions of the traffic and weather. Photos and videos of crosswalks, traffic signs, both vehicles, and other things visible near and around the accident spot should be recorded. The video should be taken closely and from a distance. If you have been at fault, you should not say anything about it after the accident. Admitting fault or saying apology following a crash can be used against you. It is important to contact a personal injury lawyer to avoid settling for an unfair settlement offered by the insurance company.