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Car accidents aren’t something you plan for, but they’re also more common than you may think. There are around 6 million car accidents that occur annually throughout the country. When a crash does occur and the dust begins to settle, it’s imperative that the liable parties are properly identified and the necessary legal steps are taken to ensure an optimal outcome is obtained.
Determining liability in a car accident is not always as simple as it seems. In many instances, it is crystal clear who the at-fault driver is, but in others, this is not the case. This is why it is important to understand the basics of car accident liability and how to protect your rights, especially in cases that involve injuries and property damage, as well as with insurance companies who are not keen to distribute payouts to their policyholders without a fight.
What Exactly Is Car Accident Liability?
Liability is a legal responsibility, or obligation, that a person may be placed in as a result of certain actions or circumstances. In the case of a car accident, when an individual causes harm or injury to another individual or their property, they are legally liable for those damages. In a motor vehicle crash, this can include medical expenses, damage to your vehicle, lost wages if you are out of work while recovering, and compensation for pain and suffering.
Each state has a particular set of laws in place that determine who must pay for the damages of a crash. The laws are usually put into one of two categories, “fault” or “no-fault.” In a fault state, the individual who is responsible for the accident will pay for the resulting damages, but in a no-fault state, both parties will file an insurance claim with their insurance provider.
Liability in auto accidents can also be shared. In some instances, more than one individual is to blame for a motor vehicle accident. When it comes to comparative negligence, your compensation could be reduced based on the percentage of blame, but you may still be able to recover for the damages that were awarded to you.
Steps to Take Right After an Accident
The period after a motor vehicle crash is the most crucial. The first priority after an accident should be ensuring no one is injured, or calling 911 in the event someone is injured. While injuries could be mild or nonexistent in an accident, it is important to get checked by a medical professional to have a record of the visit, especially if injuries later appear.
Photographs are also vital. Capture images of the vehicles involved, the road, traffic signs, any skid marks or debris on the road, and more. Additionally, all personal information of the driver should be collected, as well as their insurance information and coverage details. An accident report from the police should also be filed, even for minor accidents, as the officer’s accident report is an important form of evidence to insurance companies and the court.
When Legal Assistance Becomes Essential
Not every motor vehicle accident will require the assistance of legal counsel. The situations that necessitate legal action include but are not limited to severe injury, fault being disputed, insurance companies refusing to pay, and multiple liable parties. A Buffalo car accident attorney is best equipped to handle cases like these as they are familiar with the legal system and process, have a better understanding of state statutes, and know how to handle insurance adjusters who are trained to deny or settle claims.
Car accident attorneys typically work on a contingency fee basis. This means that no fees are owed to the attorney until the case is resolved in the client’s favor. This makes it easier to obtain legal representation after an accident, even in circumstances where finances are limited.
Understanding Insurance Claims and Settlements
Submitting an insurance claim should be done in a timely manner. While the time frame differs from policy to policy, most companies have a notification period that must be adhered to when filing a claim. While the insurance adjuster assigned to your claim is attempting to help you, they work for the insurance company.
Insurance adjusters may try to settle with a victim as quickly as possible to avoid further paperwork, processes, and legal costs. But accepting this initial offer, even if it is a number that you were hoping for, is rarely a good idea. Do not settle until you are sure that all of your damages have been taken into consideration. And once a settlement has been signed and a release has been sent, that is it. You are no longer able to seek additional compensation through that particular insurance policy.
Why Time Matters
Deadlines are significant in each state, but time limitations are put into place by each individual state in the form of statutes of limitations. In short, this means that a lawsuit will no longer be eligible for filing after a certain period has passed. The time period is different depending on the state and the charges or accusations, but they generally range from one to six years.
The collection of evidence will also begin to deteriorate over time, such as fading memories of witnesses, lost or erased video footage, and loss of any physical evidence. The sooner a victim or their legal counsel can build a case the better. Approximately 30% of all car crashes involve alcohol consumption, and while not all drivers are found to be over the legal limit when behind the wheel, it is recommended that any form of toxicology and blood-alcohol testing evidence, as well as police reports, be preserved quickly.
The Real Bottom Line
Car accidents have the ability to ruin lives, not only on a daily basis, but the impact of a vehicle collision can be catastrophic in the months, years, or even decades after the incident. Medical bills, missed work, and mental trauma are just some of the most common difficulties that accident victims face. Protecting your interests through documentation, timely actions, and professional legal counsel is key to the victims and prevents further damage and undue harm.
The process is intentionally complex. Insurance companies, adjusters, opposing parties, and other companies all count on those involved not knowing their rights or how to properly exercise them. Whether a minor collision or a major multi-vehicle accident with life-altering injuries, victims need to be aware of their options and legal steps to take in order to take back control of the situation.