Road traffic accidents can indeed occur everyday and result in very disfavorable situations. Just for the sake of context, the United States has over 328 million people in population. For that reason, the need for transportation has increased the demand for vehicles, and the odds of being involved in a car crash as consequence does indeed rise.
You should know that auto accidents can also affect pedestrians. In some areas of the road, such as sidewalks and crossing traffic lights. According to the National Center for Health Statistics (NCHS), 7,668 pedestrians lost their lives in traffic or non-traffic incidents in 2019.
Being injured could also prevent you from performing your day-to-day activities. In addition, your bodily damage may force you to miss workdays while recuperating your health. Car crashes, just like any other personal injury accident, are often caused by someone else’s lack of responsibility.
That means that you have been the victim of a reckless individual who decided to get behind the wheel. Since the incident was provoked by someone who lacked responsibility while driving his/her vehicle, you are entitled to receive monetary compensation for your physical, emotional, and financial damages.
Having said that, it is recommended to file a car accident lawsuit to attain your award. However, certain legal issues may arise after being involved in an auto accident. For instance, the party at-fault’s insurance company may intend to undermine your claim and make you a low offer in coverage.
Apart from that, the other party may deny fault and perform schemes in hopes of not compensating you. Furthermore, it is also very important to also prove that the car accident was indeed caused by the other party.
As you can see, settling a car accident claim is not an easy task. In order to facilitate this process, you will need to hire the best car accident lawyer. These highly trained legal experts will prove that you were the victim of a reckless driver and deserve to be compensated for your pain and suffering
We kindly ask you to keep reading our article, so that you can learn the benefits of hiring a car accident attorney, what to do at the accident scene, and the legal standards of these incidents.
The Most Common Causes of Car Accidents in The United States
It is crucial to be aware of the circumstance that caused the accident and find the way to prove that the other party lacked the necessary responsibility while driving the vehicle. Proving negligence will be the key to attain compensation. So, let’s have a closer look at the most common causes of car accidents:
- Speeding at the time of the accident: According to the World Health Organization (WHO), an increase in average speed is directly related to the likelihood and severity of the aftermath of the accident.
- Driving under the influence of alcohol and other substances: Driving under the influence of alcohol, the likelihood of an auto accident increases when the driver’s blood alcohol concentration level is 0.04 g/dl.
The risk of being involved in a motor vehicle crash depends on the type of drug used. According to the World Health Organization (WHO), the probability of an auto accident occurring among those who have utilized amphetamines is around five times the risk of someone who has not.
- Distracted driving: Drivers who use their cell phones while driving are nearly four times more likely to suffer a car accident. When drivers use their mobile phones, their reactions and concentration will be affected. Things like improperly braking, missing stop signs, and driving in the incorrect lane are all instances of distractions while behind the wheel
Steps to Follow After Being Involved in a Car Accident in The United States
- Whether your injuries are severe or not, it is imperative to call 911 and request immediate medical attention. This is due to the nature of car accident injuries not fully manifesting themselves right after the accident. Equally as important, request medical assistance for the people who were accompanying you.
- If you are able to, move to the side of the road or a sidewalk. However, it is important not to leave the accident scene at any moment until the authorities say that it is okay to do so.
- Call the police. Make sure you provide them a clear statement of the incident. They will file a police report, which will be valuable evidence for your claim if you file it with your insurer.
- Make sure you exchange information with the other party involved in the crash. The most important information that must be attained should be: full name, cell phone number, insurance company, policy number, driver’s license, license plate number, type of vehicle, and location of the accident.
- Seek evidence of the accident. You should take photographs of your injuries and damage to your vehicle. Request a copy of the police report and seek eyewitnesses.
- Call an auto accident lawyer to receive legal assistance and representation.
Legal Basics of Car Accidents in The United States
Auto accident law covers the mandates that determine who is liable for the personal and property damage resulting from a motor vehicle accident. Auto accident litigation is controlled almost entirely by state law.
Regardless of the state that victims could live in, they must prove the same basic four elements in hopes of getting compensated for their damages. These are:
- Duty: Drivers must comply with traffic laws in order to keep themselves and other individuals safe on the road. This means that drivers must not exceed the speed limit, utilize headlights, and obey traffic lights.
- Breach of obligation: Victims must prove that the other party breached their duty of care of other drivers. In order to do so, plaintiffs must provide substantial evidence about the accident such as eyewitness testimonies, street camera footage, and police reports.
- Causation of fault: Victims must prove that the accident led to their injuries and have the right to ask for their medical reports and in turn provide them to the court when the time comes.
- Harm: The injured party must prove that the collision caused them any kind of damage. The court will surely deny “near miss” claims.
It is significantly important to be aware of the different mandates that must be followed in order to attain monetary compensation.
- Statute of Limitations: This mandate sets the time limit that individuals have to file a lawsuit. If car accident victims file their claim after the deadline passes, the court will likely deny the case. The statute of limitations for a personal injury accident can vary depending on the state that you live in. For example, in Florida, individuals are given four years to file their lawsuit. However, the time limit in Oregon is approximately two years.
- Discovery Rule: In some states, the statute of limitations “clock” does not start ticking until the plaintiff discovers or should have discovered his/her injuries.
- Exceptions to The Statute of Limitations: Every state imposes a set of exceptions to this mandate. The deadline can be extended if:
- The injured individual was underage,
- The injured person was mentally incapacitated,
- The defendant left the state for a certain amount of time after the accident.
Calculating Compensation for Car Accident Pain and Suffering Damages
Auto accidents offer few evidence about the pain and suffering that the victim actually experienced. The truth of the matter is that pain and suffering can also be highly subjective. For example, two individuals can endure the consequences of the exact same injury in different ways. In consequence, establishing standards or guidelines for calculating compensation for non-economic damages can be quite difficult.
In general, there are several factors courts consider when calculating compensation for pain and suffering. These are:
- Severity of injuries,
- Location and nature of any scarring,
- Recovery time required,
- Amount claimed in special damages,
- Personality of the injured party,
- State damages caps. These are laws that limit the amount of non-economic damages that victims can recover.
What a Car Accident Attorney Can Offer You
- Car accident lawyers fully understand both federal and state laws. In addition, they comprehend the legal framework of the mandates that must be complied with when driving.
- Insurance firms are in the business of making money. Their adjusters have been trained at negotiating insurance settlements and may do whatever they can in order to pay you the least amount of compensation. As car crashes are very common, an auto accident attorney knows how to counter these schemes and calculate the correct amount of compensation that you are entitled to.
- There is nothing more stressful than being injured and having to attend zoom meetings with other parties involved in the incident. However, a car accident lawyer can attend those meetings on your behalf and express your interests.
- As we mentioned before, gathering evidence is a must in order to achieve compensation. A car accident lawyer can seek this evidence and present them to the court.
- If your case is not settled after negotiating with the other party, your auto accident attorney can force a trial to settle your case once and for all.
Contact a Car Accident Lawyer Right Away!
We thank you for taking your time in reading our article. We are the law offices of Pro Accident Lawyers. At our accident law firm, you will find the best car accident lawyer in the United States. You must not allow your injuries to deteriorate your quality of life. An auto accident attorney will defend your rights and make sure you receive a fair settlement for your damages. There is no time to waste. Call us right away!