What Are The Chances Of Winning a Personal Injury Lawsuit?

Though an injury lawsuit may seem straightforward, securing compensation in the personal insury lawsuit process can be complex and difficult to predict, especially given that there are so many types of personal injury cases. If you have injuries from an accident caused by the fault of another person, or entity, then you could be entitled to sue and recover damages under the law.

How to Win a Personal Injury Lawsuit

With the help of an attorney, you can put together the strongest case possible, maximizing your likelihood of success in the personal injury lawsuit process. Here at 1-800-THE-LAW2, we maintain a network of attorneys who are standing by to provide assistance. Contact us today to connect to a personal injury lawyer in just 10 minutes or less. Consultation is free and confidential.

What are the Chances of Winning a Personal Injury Lawsuit?

While the question people often ask us first is, “What percentage of personal injury cases go to trial?”, this article will discuss the factors that are likely to impact the odds of winning your personal injury case.

One of the first questions that a personal injury plaintiff has, even before they contact an attorney, is “What are the odds that I’m going to win my case?” Unfortunately, there is no simple answer to that question. There are many factors that can influence whether you “win” or “lose” your case. In fact, whether your case is resolved through a negotiated settlement or trial litigation, these factors will impact the outcome. Let’s take a brief look.

How to Win a Personal Injury Case

Factors Likely to Impact the Chances of Winning a Personal Injury Case

There are 4 factors likely to impact the chances of winning a personal injury case. They are:

Defendant’s strategic approach
Certainty of liability and damages
Procedural issues
Contributory fault concerns

Defendant’s Strategic Approach

Defendants often have different strategic approaches to an injury lawsuit, and that will undoubtedly impact the success of your case, and how it plays out. The nature of litigation is that it is public. Defendants often prefer to avoid extensive litigation and the potential negative publicity that it could bring, but not all defendants are the same. Some defendants take the strategic position that it’s important to aggressively litigate to discourage others from coming forward with similar cases.

For example, auto manufacturers often prefer to litigate aggressively, as they don’t want other plaintiffs to come forward claiming that they were injured due to manufacturer related defects in their vehicles. Personal injury cases can be more challenging to win, as the defendant will invest significant resources into fighting it. By contrast, a discrimination claim may be resolved early by your employer, as they might prefer to avoid the negative publicity of being associated with potential discrimination in the workplace.

Certainty of Liability and Damages

All litigation is uncertain by its very nature. The key to securing a higher injury lawsuit settlement offer, or a higher likelihood of success at trial, is to introduce evidence that makes the liability of the defendant more clear. Similarly, the more well supported the damages claim, the less possible it is for the defendant to successfully challenge it.

For example, if you’ve been injured in a car accident, you can introduce video evidence, perhaps procured from the security footage recorded by a nearby business, of the accident itself. The video evidence may show that the defendant clearly was speeding and through their own negligence caused the accident. With clear liability, you can significantly improve the likelihood of success in securing compensation.

Procedural Issues

There are numerous procedural issues that can crop up over the course of litigation, such as statute of limitations issues. For example, if you wait too long to file your injury claims, then you may have delayed past the applicable statute of limitations deadline, thus completely abandoning your right to sue and recover damages in court.

Working with an attorney for an injury lawsuit is critical to avoiding procedural roadblocks, whether those roadblocks are linked to statute of limitations issues or other procedural issues.

Contributory Fault Concerns

Fault principles vary from state to state. In some states, such as California, you, the injured plaintiff, can be 99 percent responsible for your own injuries, and yet you’ll still have a right to sue and recover damages from the defendant, who is just 1 percent at fault. In other states, if you, the plaintiff, are even 1 percent at fault for your own injuries, then you are prohibited from recovery. This is known as contributory fault.

Your own contribution of fault will make it more difficult to secure compensation in an injury lawsuit. This may happen even if laws do not prohibit recovery for contributory fault. For example, in California, if you didn’t wear a seatbelt and got injured in a car accident, then the defendant will try to argue that you are mostly responsible for your own damages, and they cannot be held liable. Depending on the evidence, you may still be able to secure damages, but those damages may be reduced by your contributory fault.

What Percentage of Car Accident Cases Go to Trial?

US Government statistics show that about 5% of personal injury cases (which include car accident cases) go to trial. The other 95% are settled pretrial. Many experts say that 90 percent of cases that do go to trial end up losing. In cases that go to trial and win, a judge is likely to grant more compensation compared to a jury.

These numbers may be shocking to you, and even cause you to question whether an injury trial is worth it. Especially when you consider that personal injury lawsuit timelines can vary greatly for going to trial versus in settlement. Just how long do personal injury cases take to settle? A few months to years, depending on the nature of the case in question.

Trial normally takes closer to several years. In that timeframe, personal injury victims may experience the loss of a job. They may also experience dire financial consequences due to all the bills they have to pay.

Another factor that causes delays in injury lawsuits, both for pre-trial and settlement purposes, is that of resources. In criminal cases, multiple detectives are typically assigned to investigate a case. In personal injury instances, one investigator is usually assigned to the case. It may take up to six months or more to get all this work done. Areas that must be investigated are the:

Injuries
Accident itself
Witness statements
Circumstances that caused the accident

In situations where accident victims need a settlement as soon as possible for mounting debt, it is important they work with a lawyer. It is also important they work with one they can trust to advise them properly. An attorney may suggest arbitration with an appointed arbitrator in order to move the process along.

Negotiating is usually a time consuming activity, as there will undoubtedly be back and forth from both sides. If you ultimately decide against their final offer, your case will go to trial.

Contact a Personal Injury Lawyer in our Network for a Free Consultation

You can ensure your chances of the most successful outcome in an injury lawsuit by contacting 1800THELAW2 to be connected to an attorney in our network for a free initial consultation. After listening to the details surrounding your personal injury occurrence, they will give you advice on how to proceed.

What is Title Jumping? Exploring the Consequences of Accidents with a Jumped Title

Getting in a car accident is not a particularly good situation to be in, but things can get worse still. For example, if the vehicle has a jumped title, the accident dynamic can become even more stressful and complex complex. To help you determine your best next steps, let’s explore what title jumping is, its risks and consequences, and, of course, your legal options.

What Is Title Jumping?

A car title is a legal document designating vehicle ownership. It includes:

The Vehicle Identification Number (VIN)
The make and model year
Date of issue
Body style
Fuel type
Owner name and address
Lien information
Other pertinent details

If a person buys a vehicle without putting it in their name and then sells it, it is known as title jumping. This illegal act is also referred to as title skipping or floating. When there is a jumped title issue, the new buyer cannot register the car in their name with the DMV. The individual becomes subject to related problems, such as unpaid fees and missing signatures.

Car buyers title-jump for several reasons, the most common of which include:

Selling multiple vehicles per year but not wishing to register with the state as a licensed dealer due to the expenses involved.
Refusing to pay taxes and fees, such as registration fees, sales taxes, and titling fees, before reselling a vehicle.
Not wanting to inform the new buyer about serious issues with the vehicle, such as flood damage, a failing transmission, or continual engine problems.
Selling salvaged vehicles with no titles, maintenance histories, and other essential documents.

“Shady” or unscrupulous car dealership employees can also engage in this practice. However, victims of title jumping typically purchase vehicles via third-party sellers, such as private sellers, or through online means. Facebook Marketplace and Craigslist are two forums for local vehicle sales that can result in title floating issues.

Is Title Floating a Felony?

Floating a title is considered a felony in most states, including Iowa where it is unlawful for a manufacturer, dealer, importer, or any other vehicle seller to “sell or dispose of” a vehicle without the proper title and other registration information.

Some states, such as California, use forms called Release of Liability. Sellers complete this form as part of the selling process, which includes furnishing information about their buyers. If this form is not submitted to the appropriate DMV branch, the state will suspect title fraud. This is because the California Department of Motor Vehicles does not consider a car or truck transferred out of the seller’s name unless this form is submitted.

Was the title of your car jumped? Call 1-800-THE-LAW2 today to find an attorney who can help your situation.

Can I Sue Someone for Title Jumping?

It is possible to take legal action against someone who sold you a vehicle without the proper title, but it can be difficult. The seller might have provided a fake name, deleted their listing on Craigslist or Facebook Marketplace, or left the state, making it challenging to locate the individual and serve them. If you purchased the vehicle from a car dealership, you can file a legal claim against the company.

How to Report Someone for Title Jumping

If you suspect that you’ve been a victim of title jumping, it’s important to act quickly to protect yourself. Here are the steps to take to report someone for title jumping.

Gather information. Make sure you gather all the necessary information, including details about the vehicle, the suspected title jumper, and any relevant supporting documents like the bill of sale or any communication with the seller. Obtain a copy of the title and take note of any discrepancies you notice.
Contact your local police department. File a police report and explain the situation.
Contact your local DMV. Find the contact information for your local DMV office and give them a call. Explain the situation with as much detail as possible and ask about the process for reporting title jumping in your area. They can investigate the matter and help you recover the title.
Remain anonymous if necessary. If you’re worried about possible consequences, you can check with the DMV to find out their policy on anonymous reporting. In certain areas, you can report suspicious activities without disclosing your identity.
Seek legal advice. A lawyer can help you understand your rights and options, especially if you have suffered financial losses.

Investigations can take a while, so it’s important to be patient.

Reporting someone for title jumping is a responsible move that helps keep the vehicle title system in check. By following these steps, you’re doing your part in ensuring a fair and legal process for buying and selling vehicles, avoiding possible fraud, and making sure the ownership transfer goes smoothly.

How to Fix Title Jumping and What to Do

Should you decide to take legal action, contact an attorney with experience in title fraud. The lawyer will assist you throughout the legal process and answer any questions you have. Typical actions include filing a police report detailing the time, location, and date of the purchase. Any conversations with the seller should be included.

You will also want to capture images of your vehicle, make copies of paperwork connected to the sale, and call your local DMV. As mentioned above, the department may be able to provide assistance regarding a new title. Such titles are known as bonded titles.

Bonded Titles

What Is a Bonded Title?

Bonded titles are furnished by surety companies. They remain bonded for a set period and come with a risk.

Risk of Bonded Title

During this time, the previous seller can claim the bond and therefore reveal themselves as the title owner. Whether the seller of the vehicle does or does not claim the bond, you must wait for the specified time before applying for a clean title. Clean titles indicate that the applicable insurance companies do not consider the vehicle’s “total losses.”

Some states do not accept bonded titles, including Pennsylvania, Kentucky, Delaware, New Jersey, Maryland, North Dakota, South Carolina, and Oregon.

Title Jumping Penalties

The penalty for title jumping depends on the state, but it typically includes imprisonment and fines.

Title jumping in Texas: If a vehicle seller engages in title skipping in Texas, but does not transfer a vehicle title to a new owner within 30 days of the sale, this individual pays a fine of up to $4,000. There are no fee waivers, with the seller also facing up to two years imprisonment for title jumping penalties in Texas.
Title jumping in California: In California, the seller must pay a $1,000 fine and spend one year in jail.
Title jumping in Missouri: Other states, such as Missouri, do not issue title penalties until 60 days after the date of sale.
Title jumping in Michigan: In Michigan, floating a title can result in 93 days of imprisonment, a fine of up to $100, or both.

Is it Possible to Sell a Car Without a Title in My Name?

You may wonder – Can I sell a car without a title in my name? While selling a car with no title is regarded as a felony in most states, there are loopholes. For example, if a vehicle was abandoned on your property or you purchased the property featuring such a vehicle, it is technically yours.

To avoid title fraud issues, you must provide the local DMV with the VIN number to contact the previous owner. If the owner cannot be located or does not take responsibility for their vehicle, you are legally allowed to procure a title.

What to Do If You Are a Victim of Title Jumping

If you have been a victim of title jumping, contact an attorney as soon as possible to discuss your situation. Speak to a lawyer near you by calling 1-800-THE-LAW2. Consultation is free and confidential, so get started today!

What Is The Difference Between Workers’ Comp And Employer’s Liability?

Workers’ compensation and employer’s liability insurance are usually purchased together under a company’s overall business insurance policy. To understand the difference between workers’ comp and employer’s liability, let’s review what each plan covers.

Employers Liability vs Workers’ Comp: An Overview

What Is Workers’ Compensation?

Workers’ compensation provides coverage for employees who are injured while working without regard to fault. It is a state-mandated program and a form of no-fault insurance. While the employee must show that they were hurt while performing the duties of his or her job, they do not have to prove that the employer was negligent.

Workers’ comp will cover the costs of medical expenses such as treatments and medication, as well as partial wage loss. It does not cover any costs associated with pain and suffering.

What Is Employer’s Liability?

Employer’s liability provides coverage for an employer in situations where an employee feels that the workers’ comp provided was not adequate to cover the cost of medical bills or lost wages. It is applicable in situations in which the employer was negligent.

In these lawsuit driven situations, the employee must still show that his or her injury took place while doing their job. However, they must also prove that it would not have happened if it weren’t for negligence on the part of the employer.

Common Employer Liability Scenarios

Employer’s liability insurance covers all kinds of employer’s liability claims unless the policy specifically excludes them. Four of the most common lawsuits involve the following:

Third party cases: In these cases, another party was held liable for the employee’s injury and in turn, they are filing a lawsuit against the employer. An example is if you own a construction business and an employee was hurt using a machine that was not serviced regularly. The employee sues the manufacturer of the machine, who then sues the employer for contributory negligence.
Loss of consortium: An injured employee’s spouse files this type of lawsuit. These damages typically fall into one of three categories – damages for loss of services, damages for loss of support, and damages for loss of quality in the marital relationship, which includes acts like providing affection or emotional support.
Dual-capacity suits: An employee can file this lawsuit when a product their employer makes is the cause of their injury. This means the company is liable both as an employer and a manufacturer.
Consequential bodily injury: If the employee’s family members suffered bodily injury themselves as a result of the workplace injury, they could sue the business. For example, if an employee was injured using a machine and their spouse suffered an aneurysm from stress, the employer may be sued for those damages, as well.

When these claims arise, employer’s liability insurance can cover a company’s legal defense fees, settlements, damages and judgments, and other court costs.

How To Prove An Employee Liability Claim

To prove a claim, an employee must show that the employer was negligent in some way. Proof of negligence requires:

The employer had a duty to protect their workers’ from harm
Actions or lack of actions breached that duty
An injury occurred as a direct result of an employer’s breach of duty
The employee suffered tangible harm as a result of the injury

A lawyer meets with an injured employee following a workplace accident

Types of Workers’ Compensation Claims

To better understand employers liability insurance vs. workers’ compensation, it can be helpful to familiarize yourself with the four most common types of workers’ compensation claims. There is typically no need for litigation if your injury entitles you to workers’ compensation. As a result, these scenarios tend to be more straightforward.

Medical Treatment: In some cases, you may sustain a workplace injury that requires treatment but does not necessitate taking time off from work. Your worker’s compensation will cover only the cost of medical treatment. You can return to work at your full rate of pay following treatment or upon recovery.
Medical Treatment and Lost Time: In other cases, you may sustain a workplace injury that requires both medical treatment and time off from work for recovery. In such cases, your workers’ compensation will cover treatment, plus 2/3rds of your average weekly wages. While you may return to work upon recovery, a long absence can result in termination.
Medical Treatment and Inability to Return to Pre-Injury Work: If your workplace injury is severe, it may prevent you from physically resuming your pre-injury role. In this instance, workers’ compensation covers initial treatment and 2/3rds of your average weekly wages. There is a ceiling on these benefits, however. It is typically up to 400 weeks unless the injured party is formally released to light work duty.
Medical Treatment and Inability to Return to Any Work: After receiving medical treatment, you may be unable to return to any type of readily available work. As a rule, these are severe, often disabling injuries.
They may include:
a. Loss of limb
b. Paralysis
c. Major organ damage
d. Sensory disability (blindness, Deafness, etc)
e. Severe burns

In these instances, most individuals are entitled to workers’ compensation benefits for life. There may or may not be adjustments as the individual’s abilities shift over time.

Be aware that in most states, it is legal for employers to terminate your employment if you were injured on the job. This is more likely if the injury was the result of personal negligence. In most cases, you will continue to receive workers’ compensation benefits after termination.

Furthermore, you can file for workers’ compensation after quitting your job if you can prove that you sustained your injuries while employed.

Contesting a Workers’ Compensation Decision: Appeals

If you disagree with a judge’s decision in regard to workers’ compensation benefits, you have up to 30 days to appeal. You may wish to appeal if you file for workers’ compensation and are denied. If the reasons for the denial are incorrect, an appeal can ensure you receive the compensation you deserve.

Appealing a decision can be a complex process that may involve considerable legal paperwork. You may also need to formally serve papers to the other parties involved in the appeal.

If you are initially unsuccessful, you may need to appeal up to three times. Each successive appeal will become more formal and complex. Thus, it is always wise to hire a lawyer to help you navigate the appeals process.

Consult A Workers’ Compensation Lawyer

Navigating employers liability vs. workers’ compensation on your own can be challenging. If you have been involved in a workplace accident, consult with a workers’ compensation attorney to stand by your side throughout the process. He or she can help you determine if the expenses of your claims warrant a lawsuit under the employer’s liability coverage.

What is a Hostile Work Environment and How to Prove it Happened

As Americans spend most of their time at work, several laws protect employees from a hostile work environment and hostility in the workplace. Thankfully, lawmakers agree the workplace should be a place where employees feel safe and comfortable.

The working public often finds the concept of a hostile workplace confusing, as everyone has their own sensitivities. For example, one person may feel that a rude co-worker is creating a hostile work environment, while another may have no problem with it. What constitutes a hostile work environment can differ depending on who you ask.

Legal realities are quite different.

Under the law, the definition of a hostile work environment depends on a specific set of criteria. For example, having a rude co-worker is not sufficient to qualify as hostility in the workplace. If you believe that your workplace does meet the criteria for a hostile work environment, contact an experienced hostile work environment attorney to address your concerns. They can and will guide you on to the next steps.

For now, let us explore some basic definitions and examples of a hostile work environment so that you have a better understanding of what a hostile workplace environment is.

What is a Hostile Work Environment?

A hostile work environment is a situation where a coworker’s behavior makes it difficult for another employee to do their job. This can vary from state to state. For instance, a hostile work environment in California may differ from one in Massachusetts.

However, the hostile work environment meaning is widely accepted to be when conduct interferes with an employee’s ability to do their job. Conduct includes words, actions, and so forth.

What should I do if I believe I am in a hostile work environment?

If you believe you are experiencing a hostile work environment, it is important to report the issue to your HR department, supervisor, or a higher authority within your organization, following your company’s established procedures for reporting workplace problems.

Also, be sure to document these incidents – which we will touch upon more later.

Sometimes, reporting these conditions to a supervisor or manager does not fix the situation, and it can become severe. That’s usually where the assistance of a qualified hostile work environment lawyer is necessary.

What Four Factors Could Contribute to a Hostile Work Environment?

Analyses of what is considered a hostile work environment is not subjective. In other words, it is not enough to feel bothered by something your coworkers have said or done. The misconduct must be objectively problematic.

How does the law measure this?

Legal requirements to qualify for a hostile workplace include:

Discriminatory harassment is unwelcome and offensive conduct that is based on discrimination. This can include words or actions based on someone’s sex, gender, race, pregnancy status, religion, disability status, national origin, or age.
The harassing conduct is regular, not a one-time event.
Conduct lasted for a sufficiently lengthy period.
The harassment is bad enough that an average person would find it offensive, scary, or abusive.

If you can show that your employer did nothing to remedy the pervasive conduct, they will lose a lot of strategic leverage in the dispute. So, what constitutes a hostile environment in the workplace?

Here are a few common examples of toxic workplace behaviors:

Unwanted touching
Sabotaging employees
Offensive jokes about protected characteristics
Sexual language or discussions of sexual acts
Displaying racist or sexual pictures to others
And more

Unsurprisingly, many employees find these hostile work environment examples difficult to deal with, negatively impacting their ability to properly do their job. Simply put, discrimination and harassment create workplace hostility.

Is a single incident enough to constitute a hostile work environment?

Typically, a single isolated incident may not be sufficient to establish a hostile work environment. It often requires a pattern of behavior or repeated incidents that create a hostile atmosphere.

How Does a Hostile Work Environment Tie Into Discrimination and Harassment Complaints?

Discrimination occurs when one party treats another party unfavorably or unfairly due to a protected characteristic.

Types of discrimination are:

Sex
Gender
Age
Race
Religion
National origin
Pregnancy status
Disability
Veteran status
And more

When an employee experiences discriminatory behavior, they feel incapable and unwelcome, leading to a bad work experience.

FIND: DISCRIMINATION LAWYERS AND SEXUAL HARASSMENT LAWYERS

Group of employees working in an open office

Hostile Work Environment Retaliation

Even if you correctly identified that you work in a hostile environment, your employer may make it difficult for you to report by engaging in retaliation. It is important to understand that retaliatory behavior is one of the things your boss can’t legally do, and it is also illegal.

Those who speak up about unfair and discriminatory actions in the workplace may be subjected to retaliatory behavior from their employer. Retaliatory behavior involves any adverse behavior in the workplace setting — it can include everything from being fired to being passed over for a promotion.

If you have been retaliated against, then the law will give you an additional and independent claim against your employer on that basis. And, this could result in even more compensation. In other words, you’ll have even more leverage to secure a positive outcome to your case.

Can you be fired for creating a hostile work environment?

While being fired can be retaliatory behavior to those who speak up, those who create a hostile work environment have a legitimate case for being terminated.

This is to say, yes, you can be fired for creating a hostile work environment. However, it’s essential to understand the specific legal context and requirements surrounding this issue.

If an employee engages in conduct that creates a hostile work environment, the employer must take prompt and appropriate action to address the situation. This may include conducting an investigation, taking disciplinary action against the offending employee, providing training to prevent further incidents, and implementing anti-discrimination and harassment policies.

If an employee is found to have engaged in behavior that creates a hostile work environment and the employer takes appropriate action to address it but the behavior continues or escalates, the offending employee may ultimately be terminated.H2: How to Prove a Hostile Work Environment?

All legal claims — including discrimination and harassment — require proof. Without sufficient proof, many claims are dismissed (or are settled for less than they are actually worth).

To win your case, you will need to show that there was workplace harassment or discrimination. The more evidence you have, the better. This evidence may include work performance reviews and assessments, for example, which can be used to show that the hostile work environment affected your job performance.

But how do you know what to preserve and document?

It is simple, really. Whenever you observe or experience anything that could be linked to a hostile work environment, document that behavior as best as possible. To strengthen your case, include:

Date
Time
Notes
Recordings
All written correspondence

Make sure to include any documentation that involves co-workers, too. Why? Well, many people do not realize that when a coworker makes disparaging comments, it can also lead to a hostile work environment.

Additionally, an employer is liable for harassment, discrimination, and bullying in the workplace in certain circumstances. One example is: non-management staff exhibits offensive pervasive conduct. Employees inform their boss of the situation, but management does nothing to fix it. In this case, they are liable for the toxic work environment.

Find a Hostile Work Environment Attorney Today

Many employers have a workplace bullying policy in place to prevent a hostile or unsafe work environment. However, good intentions aren’t enough. Don’t assume that your employer has your best interests at heart.

There is a fine line between workplace bullying and a hostile work environment. The latter is often associated with illegal discrimination or harassment, while workplace bullying may involve general mistreatment or abusive behavior that is not necessarily based on protected characteristics. Therefore, a workplace bullying policy is rarely enough to prevent a hostile work environment.

Get in touch with experienced hostile work environment lawyers who can advocate on your behalf.

You may be wondering: can you sue for hostile work environment? If your case meets the legal criteria, you may be able to file a claim and secure compensation. But to understand what legal recourse there is, you should speak with a local hostile work environment attorney as soon as possible.

Contact 1-800-THE-LAW2 today for a free and confidential consultation.

What to Do When Involved in a Parked Car Hit and Run Accident | Car Accidents Attorneys

Navigating the aftermath of a car accident can be daunting, particularly when it involves a parked vehicle. Imagine the unsettling feeling of discovering that someone hit your parked car. The scenarios can be varied: from someone returning from grocery shopping only to find a dent with no note, to a driver who accidentally brushes against a parked car and leaves in a hurry. These are instances that play out frequently on our roads and parking spaces.

According to an Allstate Insurance study from 2010, 69 percent of all hit-and-runs in the U.S. involve parked cars. If your parked car was damaged in a hit and run incident, you may be feeling lost and confused about what to do – after all, it’s not clear whether you’ll be able to identify who caused the collision so that you can contact them for insurance information or compensation. Here are some considerations to keep in mind as you proceed.

When a hit and run in a parking lot occurs, many questions arise. Does insurance cover a hit and run parked car? What are the implications of your parked car being hit concernig your auto insurance premium? How crucial are photos of the damage? How immediately should one report the accident to ensure full coverage?

It’s essential to be equipped with the right information and know the steps to take when faced with such situations. As the victim trying to piece together what happened, gather evidence, identify eyewitnesses, and move forward with your legal remedies, having clarity on the process can significantly ease the strain of the situation.

In this guide, we’ll detail what you should do in the unfortunate event of a hit and run involving your parked car.

What Should I Do If Someone Hits My Parked Car?

Discovering that your vehicle has been hit while parked can be an upsetting and confusing experience. You may find yourself overwhelmed with questions about the best course of action. This guide aims to provide a comprehensive roadmap for dealing with such an incident, covering everything from gathering evidence to dealing with insurance claims.

Initial Steps When You Discover the Damage

Check for the Other Driver or a Note: Upon noticing the damage, your first step should be to look for the other driver. If they’re still around, exchange information including names, contact details, insurance information, and vehicle registration numbers. If the driver has left, check for a note with their contact and insurance details.
Look for Witnesses and Security Footage: If no note is left and the driver is absent, search for potential witnesses who might have seen the incident. Their testimonies can be invaluable. Additionally, check if there are security cameras in the area that might have captured the collision. Speak to security personnel or property owners to gain access to this footage.
Document the Scene: Take clear photographs of the damage to your vehicle from multiple angles. Also, photograph the surroundings to provide context about the location of the incident. This visual evidence is crucial for insurance purposes and, if necessary, legal proceedings.
Contact the Police: If the damage is significant, it’s advisable to call the police. They can file a report, which not only helps in the insurance claim process but also in legally documenting the event. In some jurisdictions, it’s required by law to report such incidents to the police.
Notify Your Insurance Company: As soon as possible, inform your insurance company about the incident, even if you don’t have the other party’s details. Provide them with all the information and evidence you’ve gathered. If the other driver left their details, contact their insurance company as well.

Dealing with Insurance

Understanding Your Coverage: Understand the specifics of your insurance policy. Does it cover hit-and-run incidents? Are you covered for uninsured motorists? Knowing these details will help you understand how much of the repair costs your policy will cover.
Avoid Engaging Without Consulting an Attorney: Discussions without an attorney can lead to subtle, undermining disclosures that could result in a lower payout, or even an insurance claim rejection. As the claimant, unless you’re trained in the law you will not necessarily know what to say and what not to say – that’s where an attorney comes in.
Filing the Claim: When filing a claim, be as detailed as possible. Provide all the evidence you’ve gathered, including photos, witness testimonies, and the police report. Be honest and thorough in your account of the incident.
Managing Repairs: Depending on your coverage, you may have to initially pay for repairs out of pocket, especially if the other driver is unidentified. Keep all receipts and documentation for reimbursement purposes.

Legal Considerations

Understanding Hit-and-Run Laws: Familiarize yourself with local hit-and-run laws. In many places, leaving the scene of an accident without providing contact information is a criminal offense.
Seeking Legal Advice: If you face challenges in getting your claim accepted or if the other party disputes their involvement, consider consulting with a lawyer. Legal professionals can offer guidance and representation, ensuring that your rights are protected.

Preventative Measures for the Future

Choosing Safe Parking Spots: Try to park in well-lit, secure areas with surveillance cameras. This not only deters potential hit-and-run drivers but also ensures that any incident is recorded.

Investing in a Dash Cam: Consider installing a dash cam with parking mode in your vehicle. This can provide crucial evidence in case of any such incidents in the future.

Being the victim of a parking lot collision can be a distressing experience, but knowing how to effectively respond can alleviate some of the stress and uncertainty. By following these steps, you can ensure that you’re adequately prepared to handle the situation, both practically and legally. Remember, if you’re ever unsure about what to do, seeking professional legal advice can provide clarity and support.

Navigating the aftermath of a hit and run involving a parked car can be daunting, but being armed with the right information and steps to take ensures that the situation is handled effectively and ethically.

Understanding your responsibilities and rights is paramount. Always remember to prioritize safety, act responsibly, and seek guidance when needed.

Car accidents, even those involving stationary vehicles, have legal, financial, and moral dimensions. And in such trying times, remember that insurance providers, security personnel, and legal experts are there to assist.

Stay informed, stay calm, and ensure you make the best decisions moving forward.

4 Reasons to Get a Lawyer After a Car Accident

Car accidents, even seemingly minor ones, can leave victims with serious injuries. You can walk away from your accident with hundreds of thousands of dollars in medical bills, lost wages, and other damages.

When a car accident isn’t your fault, you deserve compensation for your damages. The best way to determine if you are eligible to receive damages is by retaining an attorney. Ideally, you should hire an attorney for personal injury claims arising from car accidents.

If you’ve been injured in a car accident, it’s important that you retain a lawyer. Call us at 1-800-THE-LAW2 to speak to an attorney about your case. Consultation is free and no-obligation, so you don’t have to worry about costs or other requirements. At the very least, it is worth contacting us to get in touch with an attorney in our network to see if you have a case.

Should I Call an Attorney After a Car Accident?

If you are on the fence about working with a car accident attorney after an accident, here are four reasons why you should:

Positive for your health and well being
Maximized accident compensation
Protection from the insurance company
Meeting legal deadlines

1. Positive for Your Health and Well-Being

When you retain a lawyer, they handle every aspect of the case for you. You don’t have to worry about gathering evidence. Your attorney will handle getting your medical records and negotiating with the other side. They may even take care of speaking to the insurance company.

You get to focus all your energy on recovery, which is good for your health and well-being.

Your attorney will keep you updated with the progress that’s being made on your case. That includes any settlement offers you receive. Ultimately, legal representation saves you loads of time, energy, and frustration.

2. Maximizing Your Compensation

The first step a lawyer takes is to investigate and build your case. A car accident attorney will develop a strong sense of what your claim is actually worth. They are incentivized to maximize the payout, as they are paid on contingency.

In other words, they get paid more if they get you more money. Win-win.

Without a lawyer, you run the risk of settling your claim for much less than what it is worth. Your attorney will usually highlight the strengths in your case. They will ensure that all possible avenues of financial recovery are explored. In fact, data shows that car accident injury claimants with legal representation receive more compensation.

3. Protecting You From the Insurance Company

Insurance companies love dealing with claimants who haven’t retained a lawyer. Insurers will use all kinds of tricks and tactics to devalue or deny your claims . For instance, they might:

Delay the processing of your claim
Tell you that you must agree to give a recorded statement (this isn’t true)
Twist your words to suit their goal of not paying you fairly for your claim
Try to get you to settle right away for an amount that is much less than what you deserve

When you retain an attorney, they will take over all communications with the insurance company and their legal team. You won’t need to speak to them directly. If they do need to talk to you, your lawyer will be present with you to protect your interests.

4. Meeting Legal Deadlines

Like most legal matters, personal injury cases have deadlines known as the statute of limitations. This is a deadline by which time you have to file your lawsuit. The specifics of the deadline varies from state to state. In some states, it’s only one year from the date of injury; in others, it’s as much as four years.

Your car accident attorney will be highly knowledgeable about the deadlines that apply to your case. Most will go above and beyond to ensure that the deadlines are met.

Why is this important? If you miss the deadline, you will lose the right to pursue compensation. When you retain an attorney to handle your case, you don’t have to worry about these deadlines because they have a legal duty to adhere to deadlines and be timely intheir representation.

An insurance agent assesses damage following a car accident

What Does it Mean to Retain a Lawyer?

When you retain an attorney, you hire them to represent you in a specific matter. For example, you retain them for a specific car accident dispute.

You and the attorney both sign an agreement that details their services and the contingency fee details. It will explain your rights and obligations, as well as the attorney’s rights and obligations under the contract. Once you sign this contract, your car accident attorney can get to work on progressing your accident claims.

When to Hire an Attorney After a Car Accident

When you ask yourself, “Should I get an attorney after a car accident?” it’s important to consider your unique circumstances. Most people aren’t aware of what accident circumstances qualifies and what sort of damages they could be entitled to until they speak to an attorney.

While we always stress that you contact an attorney, here are come reasons for considering hiring a lawyer, especially if your accident meets the following conditions:

Your accident resulted in injuries requiring medical attention
Your accident resulted in property damage
You missed work as a result of the accident
There were multiple parties involved in the accident and liability is unclear
The fault is in dispute
There is a complication with your insurance claim
Your accident occured in a No Fault state
There is a mistake in your police report

Many individuals wonder how long they have to retain the services of a lawyer following an accident. Most states have a statute of limitations for personal injury claims. If you sustained injuries during your accident, you should hire a laywer as soon as possible. You likely have between one and three years to file a claim.

When Do you NOT Need an Attorney after an Accident?

Even if no injuries are present, it is ALWAYS a good idea to speak to an attorney. Get a second medical opinion or see a medical specialist. It’s possible that you could still have injuries arising from the accident that are yet to be diagnosed.

As such, it’s always in your best interest to discuss your car accident claim with an attorney. A professional will tell you if you have a viable claim worth pursuing. Simply put, getting legal advice is never a bad idea.

How Much Does it Cost to Retain a Lawyer?

Most personal injury lawyers don’t charge retainer fees. Instead, they work on contingency.

In a contingency fee arrangement, you don’t pay anything upfront or out-of-pocket. Instead, you only pay if and when you receive compensation. This means that hiring a car accident attorney is basically free, and comes at no risk.

Many car accident victims mistakenly believe they must have the money upfront to hire an attorney to represent them. This simply isn’t true. Most personal injury lawyers are aware that many car accident victims don’t have that kind of money. That’s why contingency fees exist.

What is a Contingency Fee?

A contingency fee is the type of fee structure most personal injury lawyers use . With this arrangement, clients don’t pay any money to hire an attorney. No payment is involved until their attorney successfully settles the case or obtains a court award. At that time, the attorney receives a percentage of that compensation.

The contingency fee is pre-determined. It will be written into the contract that is signed when the client retains the attorney.

Note that if your attorney is unsuccessful in obtaining compensation, you don’t have to pay them anything. They don’t get paid for failure.

What are the Qualities of the Best Car Accident Lawyer?

Having a lawyer is imperative to getting the compensation you deserve. It is also key to having your claim or lawsuit run smoothly. How often you should hear from your attorney depends on what is going on with your case. If it’s just starting, you may only hear from them or their staff a few times a month.

Suppose your case is farther along, and settlement negotiations are ongoing. In that case, you may hear from them every day or several times a week. You also always have the option to call and check in on the status of your case.

The best car accident lawyers:

Return calls and emails promptly
Are compassionate and understanding
Work on contingency and don’t charge a lawyer consultation fee
Have time to work on your case now
Are in good standing with their state bar
Aren’t under any disciplinary action
Have earned the respect of their peers and colleagues
Are skilled negotiators
Are willing to fight on your behalf and go to trial if one becomes necessary
Focus on personal injury cases

Questions about Retaining an Attorney after a Car Accident? Speak with a Car Accident Lawyer Today

If you have questions about retaining a lawyer after a car accident, we are here for you. Contact us by phone at 1-800-THE-LAW2 for a free consultation with an auto accident lawyer, or online. Your attorney will discuss the details of your accident. Then, they can determine if you have a valid legal claim, and how to go about next steps.

Top 10 States with the Most Car Accidents

In the United States, car accidents are not uncommon.

According to data gathered by the National Highway Traffic Safety Administration (NHTSA) car accidents occur a lot more frequently than people might think. In 2022, there were 42,795 fatal motor vehicle accidents. Furthermore, 1.6 million crashes were linked to injuries, while 3.6 million were linked to property damage. Cumulatively, that’s close to 5.3 million motor vehicle accidents in the United States on an annual basis!

But what state has the most car accidents? Keep reading to find out.

If you’ve been in an accident, the statistics should make it clear: you’re not alone in dealing with this. We’re here to help. Call 1-800-THE-LAW2 for a free consultation with a car accident attorney in our network. The network attorney will be able to evaluate your claims and give you guidance on how to proceed.

List of Car Accidents by State: Which are the Most Dangerous?

We’ve collected national traffic data, by which we’ve ranked states based on the number of deaths per 100,000 people in traffic accidents. This is annualized data, so all numbers are for a single year. The data tells us which state has the most car accidents per capita. Here are the top five most dangerous states in the USA to drive in:

Mississippi — 25.4 deaths per 100,000 people.
Wyoming — 22 deaths per 100,000 people.
Arkansas — 21.2 deaths per 100,000 people.
South Carolina — 20.7 deaths per 100,000 people.
Montana — 19.6 deaths per 100,000 people.

As you can see, Mississippi has the most car accidents per capita by state. For anyone who understands car accident risk factors, this is relatively unsurprising. As a general rule: more rural roadways, combined with a less educated population and lacking public spending on roadway maintenance, lead to a greater risk of car accidents and fatalities on the road. This is a well-defined phenomenon that can be observed in states and counties throughout the United States.

Which US City Has the Most Car Accidents?

The US city with the most car accidents is Baltimore, MD with a 153% collision likelihood. That is the highest percentage in any U.S. city. This is based on the average number of years between accidents per driver, and in Baltimore, the average is 4.2 years. This means that it’s where most car crashes happen.

Baltimore has a lot of high-speed expressways that up the chances of accidents, and Baltimore drivers are often ranked among the worst in the country. Some big reasons why most car accidents happen here include speeding, driving under the influence, and distracted driving.

What Causes the Increased Accident Risk?

There are several factors that industry experts have identified as contributing to a heightened accident risk. These factors are likely to have been involved in making the states and cities we listed among the most dangerous. So let’s explore some of the basics. Risk factors for car accidents include:

Low income levels
Low education levels
Significant numbers of unlicensed drivers
Weak regulatory environment
Loose enforcement of traffic regulation
Inadequate spending on public roadway maintenance
Significant rural traffic
Low road visibility
Unfavorable weather conditions
And more

For example, poorly maintained and poorly-designed rural roads tend to lead to significantly more car accidents due to low visibility, potholes, and other issues. Further, lax enforcement on rural roads tends to lead to more reckless driving. Thus, more rural states also tend to be strongly associated with heightened accident risks.

How to Secure Compensation from Drivers Who Don’t Have Car Insurance

The cost of car insurance has gone up a lot in recent years. In 2022, there was a big 7.9% increase, followed by another 5.9% rise in the first half of 2023. According to JD Power’s Insurance Intelligence Report, more and more people in the U.S. are struggling to afford auto insurance these days.

The report also found that more American households with at least one vehicle don’t have auto insurance. In the first half of 2023, the number of uninsured households increased to 5.7% from 5.3% in the second half of 2022.

An even larger number of drivers have “inadequate” insurance to cover all their losses. So what can you do to secure full compensation in situations where the defendant is uninsured or underinsured?

There are a few different strategies that your attorney will likely explore:

They will consider the possibility of suing other defendants, who might have also contributed to the accident.
They will help you file an uninsured or underinsured claim with your own car insurance policy.
They may explore the possibility of bringing in an employer through the vicarious liability principle.

In essence, it’s your attorney’s job to develop your legal arguments thoroughly. If it is sensible for your case, they’ll help you sue all the relevant parties. This can minimize the problem of the driver not having sufficient insurance coverage.

Which State Has the Best Drivers?

Out of all the states, Massachusetts ranked best, with just 4.9 fatal accidents per year (per 100,000 people).

Why does Massachusetts have such a low fatal accident rate? Massachusetts, along with New Jersey, has the fewest uninsured drivers and one of the lowest rates of DUI-related arrests compared to other states. It also stands out as one of the safest states when it comes to speeding incidents. In Massachusetts, you can get a learner’s permit at 16 and a full license at 18. So, it seems like Massachusetts has some of the oldest “new” drivers in the US, according to the stats.

Injured by Someone Who Was Driving Under the Influence? Here’s Some Useful Information.

Drunk driving is a serious problem, and the number of accidents linked to drunk driving is alarmingly high. According to the NHTSA, in 2021, there were 13,384 motor vehicle fatalities associated with drunk driving. That’s 37 deaths per day on average. Severe injuries are even more common!

Importantly, if you’ve been injured by a drunk driver, you may actually have some advantages in the lawsuit. See, there are two primary advantages you have:

It’s usually a more straightforward process to establish liability, as linking the driver’s impairment to the accident can be much easier.
The court may decide to impose bonus punitive damages.

Let’s take a closer look at advantage #2.

Courts have discretion in particularly egregious circumstances to impose punitive damages. These damages are meant to punish the wrongdoer for their behavior and to discourage others from doing the same. In the car accident context, punitive damages are sometimes imposed if the defendant was driving under the influence.

Bonus punitive damages can add up to nearly seven times your baseline damages. In other words, a $100,000 case can give rise to $700,000 in punitive damages, for an $800,000 total recovery. That’s significant! Given the potential for such a high recovery, it’s worth exploring the possibility of punitive damages with your attorney.

Contact Los Defensores for a Free Consultation with a Car Accident Attorney

If you’ve been injured in a car accident, then you could be entitled to significant compensation under the law. However, car accident injury victims often don’t realize that they have legitimate claims. That’s why it’s important to have an attorney evaluate your case and help you figure out the next steps.

Call us at 1-800-THE-LAW2 to get connected to an experienced car accident attorney in our network. Consultation is free, and you’ll have an opportunity to discuss your case and whether it’s worth pursuing. Don’t just resign yourself to what happened. Take action. Start by having a conversation with one of our network attorneys.

We look forward to assisting you.

Property Loss Claims: What to do if a vehicle damages your property

If a vehicle damages your property, then you could be entitled to sue for significant damages as compensation. Many people don’t realize that accident lawsuits don’t have to involve physical injuries — it’s entirely possible for there to be an accident case where the central issue is that of property loss.

For example, if your car is parked at work, and a drunk driver smashes into it, then you might not be anywhere near the car (and therefore, you sustained no injuries whatsoever). That being said, you could sue for compensation to cover the property loss.

Read on to learn more!

How does a court determine the amount of damages to be awarded?

In any accident dispute, the claimable damages are based on loss. You could potentially sue for the following losses:

Medical expenses
Lost wages
Loss of earning capacity
Property loss
Pain and suffering
Loss of enjoyment of life
And more

Property loss is one component of a comprehensive damages claim, but — if you don’t have any other losses — it’s entirely reasonable for you to sue “only” for property damages and to be compensated for just that.

In some cases, punitive damages may be available. Courts have discretion to award punitive damages, though they are only awarded infrequently. Put simply, punitive damages are meant to “punish” the worst defendants and to “discourage” others in society from engaging in similarly problematic behavior.

So, for example, if someone gets extremely drunk and crashes into your living room with their car, the court may find that behavior objectionable enough (i.e., malicious, willful, and/or egregious) to qualify for punitive damages. Punitive damages are “bonus” damages, and act as a multiplier of baseline compensatory damages — they can be as much as seven times the baseline damages! That can raise your case value substantially, so it’s worth exploring if possible.

How to calculate the total dollar value of the property damage?

You can hire someone (use their attorney to navigate this process!) who will evaluate the car accident scene, and will provide an estimation of the various losses based on what they discover. Property loss isn’t just tied to direct damage. There is loss associated with the cost of repairing, there’s loss associated with finding a replacement home/vehicle until the damaged one is fixed, and more.

Documentation evidence is useful, of course (i.e., police report), but so is video and photo evidence.

A professional appraiser can then be brought in to evaluate the market value of the pre-accident property. This will provide you a baseline from which to secure compensation in your suit.

A physical injury is not necessary to claim property damage

It’s important to understand that physical injuries are not necessary to secure compensation if a vehicle damages your property. While yes, it can be “strategically helpful” to sue for an injury (in addition to the property loss), it is not fundamental. You are certainly entitled to sue for property damage alone — or to submit an insurance claim with your own insurer, if that’s the path you ultimately decide to go down.

Liability isn’t always obvious

Suppose that a vehicle damages your property (i.e., your home, your parked car, etc.). Liability seems straightforward, right? It’s not like your home “moved” into the path of the defendant’s vehicle.

Liability may attach to other parties, however — it’s not necessarily just the driver who can be held responsible for colliding with your property. This might be confusing, so let’s continue with our previous example for clarity.

Imagine that your attorney and the accident investigator discovers that the brakes failed when the driver was operating their vehicle. This led to the collision with your home.Under these circumstances, you could potentially sue the auto manufacturer for defective design/manufacture. Alternatively, imagine that the driver who hit your home was a delivery driver who was out delivering packages when they crashed. This would potentially open up their employer to liability.

Suing multiple defendants can be useful in motor vehicle accident disputes, especially if the driver has low insurance coverage (or is uninsured). So you’ll want to talk about these and other case strategies with your attorney.

Statute of limitations: don’t delay!

Whether your claim involves property loss or an injury, or both, there will be an applicable statute of limitations. The statute of limitations acts as a deadline — if you do not file your claims before the deadline passes, then you will have effectively relinquished your claims under the law. In other words, if you wait too long, you won’t be able to recover compensation!

Given the high stakes, it’s important to work with an attorney as soon as possible. They can help you navigate the legal processes in a timely manner, so that you don’t delay past the statute of limitations deadline.

In the event that you have waited “too long,” bear in mind that there are exceptions to the statute of limitations in some cases, which may apply — these can be complicated, however, so you’ll want to address the possibility with an attorney.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured or if a vehicle damages your property, then you could be entitled to sue for damages under the law.

We understand that bringing a lawsuit can be rather stressful for those who have never been through the process — rest assured, a skilled attorney can help you navigate the dispute process effectively, efficiently, and in a way that minimizes the overall stress. And in fact, the vast majority of cases are resolved through a settlement negotiation, not through trial, so chances are that your case will not have to go through a lengthy trial.

Ready to get started? Contact 1-800-THE-LAW2 for a free legal consultation with one of the experienced property damage attorneys in our network. During the initial consultation, you’ll have an opportunity to discuss your case and learn more about what options you have for moving forward. There’s no obligation to continue if you decide against it, so don’t delay. Call us today!

We look forward to assisting you!

Post-Accident Checklist: How to get someone’s insurance info after an accident

If you’re anything like most Americans, you’ve been raised to believe that one of the most important things to do (in a crash situation) is to get someone’s insurance info after an accident. And that’s not necessarily untrue! It is important to get someone’s insurance info after an accident — but there are many other considerations to keep in mind, too, and those can have a substantial impact on your ability to effectively sue for compensation.

Ready to learn more? Let’s take a closer look at some post-accident considerations that could potentially help win your case (and maximize compensation).

After the accident — what should you do?

After the accident, there are some steps you should take in order to maximize your potential dispute (to the best of your ability). Failure to do so could undermine your eventual legal claims and cause problems down the line.

Keep in mind the following considerations:

Seek immediate medical attention if your injuries require. Failure to seek medical attention in a timely manner could exacerbate your injuries, which the defendant(s) will argue give them reduced liability for your damages.
If you do not have to seek immediate medical attention, stay at the scene of the accident and take photos/videos of your injuries, the crash, and the surroundings. This could be valuable evidence to prove aspects of the case.
If you do not have personal footage to use as evidence, you can speak to nearby businesses and property owners who may have security footage of the incident.
Talk to eyewitnesses nearby and obtain their contact information so that your attorney can work with them later to secure favorable testimony.
Obtain the insurance information of the defendant(s), but avoid carrying on a longer conversation about the accident. Any further conversation could lead to disclosures that harm your case.
Avoid speaking to insurers (yours or theirs) until you have spoken to an attorney about the situation. In most cases, your attorney will speak to insurers on your behalf, in an effort to minimize any problematic disclosures and to maximize your leverage.
Call local law enforcement so that there is a police report. Do answer police questions, but if possible, try to speak to an attorney first, who can guide you on what to say.
Consult with an attorney at the earliest possible moment, as they will assist with the crash investigation, information gathering, and third-party communications — all of which are absolutely invaluable to your dispute.

What is the first thing you should check for when someone has an accident?

If you’ve been in an accident, the first thing to check for is your own injury status. Yes, that’s right — checking your injury status is a priority, not trying to get someone’s insurance info after an accident. If you are in need of immediate medical attention, then you should call 911 (or have someone nearby call them). Make sure to follow the treatment plan provided by your medical professionals. These are crucial steps to avoid some common defenses that could derail your claims.

Do be aware that even if you “think” you haven’t been seriously injured, you may still have sustained serious injuries. Not all injuries are obvious at first glance. The adrenaline of the accident can suppress pain, and there are many internal injuries and degenerative conditions that can go unnoticed. That’s why — even in situations where you’re “not sure” — it generally is a good idea to follow-through with a physician after an accident.

What to ask someone after an accident?

After an accident, limit your conversation with the defendant(s) to just a few things:

Obtain their insurance info.
Obtain their contact info.
Check to see if they’re okay (don’t apologize or admit fault). If they are severely injured, call 911 for them.
Don’t leave the scene of the accident until after law enforcement has arrived.

Any further discussions about the accident could result in problematic disclosures that undermine your case. We know it’s difficult — the tension of an accident can be relieved by talking about it. But it’s strategically better to keep your discussions to a minimum until you’ve consulted a qualified attorney.

Insurance and Litigation — how it works

You’re thinking about how to get someone’s insurance info after an accident, but do you know how insurance actually works in a typical car accident dispute? Let’s take a quick peek.

Assuming that the defendant-driver has adequate insurance coverage to pay out your losses, you’ll likely bring a claim against him — you won’t necessarily be submitting a claim to your own insurance plan. When you bring a lawsuit against a defendant-driver who has auto insurance, their insurance is required by law (outside of a few exceptions) to step in and litigate the case on the defendant-driver’s behalf.

In other words, you’re going to be litigating your injury claims against the defendant’s insurance company (and the insurer’s defense attorneys), not against the defendant as some sort of isolated party. This is important, as insurance companies are sometimes willing to play hardball in a way that individual defendants are not. That’s why it’s crucial that you work with a skilled and experienced attorney who understands how to navigate the complex web of injury litigation.

Not every situation involves a smooth post-accident process

It’s easy to list a bunch of steps that you should follow in the ideal circumstances — but many motor vehicle accidents are chaotic and severe. You might not have a “smooth” post-accident process. For example, you may be unconscious at the scene of the accident and transported to a hospital, where you wake up hours later in treatment. Unable to interact at the scene of the accident, you would therefore not have contact information for the defendant, eyewitnesses, and insurance, nor would you have taken photos and videos of the accident scene.

In these imperfect situations, it’s important to breathe and remember that there are many paths to success in litigation. If you don’t have personal photos and videos, don’t worry — you can identify businesses, property owners, and eyewitnesses to contact later on who might have footage you can use. Further, when you hire an attorney, they will pore over the details of your case to gather all the necessary information, including the defendant’s insurance info.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in a motor vehicle crash, then chances are that — among many other things — you’re trying to figure out how to get someone’s insurance info after an accident. In the event of an accident, however, there are many considerations you’ll want to keep in mind, beyond just insurance information. An attorney can help guide you through this challenging and often-confusing process.

Contact 1-800-THE-LAW2 to connect to an attorney in our legal network. The attorney will be able to provide a free legal consultation, during which you’ll discuss the case and be informed about your options (and next steps). That being said, if you decide against moving forward, there’s no obligation to continue — so there’s really no downside to picking up your phone and talking about the accident.

We look forward to assisting you.

How Many Deaths Are Caused By Texting And Driving Each Year?

If you’ve been injured in a distracted driving accident, then chances are that you’ve wondered how many others find themselves in similar situations — in essence, how many injuries and how many deaths are caused by texting and driving each year.

According to the National Safety Council (NSC), the use of a cell phone while driving leads to as many as 1.6 million crashes every single year. Further, these crashes give rise to nearly 390,000 injuries annually.

More broadly, in 2021, there were 3,522 fatalities and an estimated additional 362,415 injuries in motor vehicle traffic crashes involving distracted drivers in the United States,” according to the NHTSA. This data includes incidents where texting while driving was a factor. A total of 396 people died in fatal crashes involving cell-phone-related activities as distractions.

The NHTSA states that “texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.”

Curious about texting and driving disputes? Read on to learn more.

How much does texting and driving increase your chances of a crash?

Given how many injuries and how many deaths are caused by texting and driving each year, it should come as no surprise that texting dramatically increases the likelihood that you will crash your vehicle. According to Drive Safe, texting while driving increases crash risks by up to 23 times! Given that it’s such a significant uptick in risk, drivers should be careful to avoid such behavior at all costs.

What percent of Americans have driven drunk?

According to the American Addiction Center, nearly 23.2 percent of people in the US have driven drunk at least once. That’s an alarming statistic, given the severity and frequency of accidents caused by drunk drivers, but get this: industry experts estimate that texting while driving is six times more likely to cause an accident than driving drunk!

Distracted driving liability — plaintiffs have an advantage

Driving while distracted is negligent behavior, and — if it contributes to an accident-related injury — may result in liability. If you’ve been injured by a distracted driver, then you could potentially be entitled to sue them for damages as compensation.

As the plaintiff in a distracted driving lawsuit, you should be confident, as you have a unique advantage. In many “normal” car accident disputes, the negligence of the defendant-driver isn’t obvious — for example, if the defendant swerved into your lane suddenly, it could be due to hazardous weather conditions that forced them to make the maneuver. Similarly, a wrong turn may have been justified by various environmental circumstances.

Distracted driving is typically more straightforward. There’s not usually a “justifiable” reason as to why a driver isn’t paying attention. Exceptions exist, of course, but they are not particularly common. As such, all you have to do is prove that they were engaging in the behavior that qualifies as “distracted” (i.e., texting and driving) to establish negligence. This can give you a leg-up during litigation, and may give you sufficient leverage to push for an early settlement.

Potential punitive damages

In some of the most egregious cases, punitive damages may be awarded by the court in an effort to discourage others from engaging in similarly “problematic” behavior. Texting and driving (i.e., distracted driving) certainly counts as problematic, but with respect to the willfulness, maliciousness, and/or egregiousness of the defendant’s behavior, punitive damages will only be awarded in particularly severe situations.

For example, if the defendant accidentally looks down at his phone to check a text while driving, that behavior is not severe enough (i.e., willful, malicious, or egregious enough) to qualify for punitive damages. On the other hand, if the defendant is knowingly engaging an injury risk by watching a tv show on their phone while driving, that would likely qualify for punitive damages.

If punitive damages are potentially available, they are worth pursuing. That’s because punitive damages operate as a multiplier on the baseline “compensatory” damages. So if your compensation claim totals $100,000, you could be awarded punitive damages that run as high as $700,000, for a total payout of $800,000. Given the potential here, it’s worth discussing a punitive damages claim with your attorney as you explore your litigation options.

Evidence in a distracted driving case

Given how many injuries and how many deaths are caused by texting and driving each year, it’s important to know how to properly litigate such cases — at least, some of the basics. It’s worth noting that if you’re involved in a text-and-driving dispute, you may be at an advantage when it comes to establishing evidence of the defendant’s wrongdoing.

How so? Consider this.

In any car accident injury dispute, the defendant-driver can be held liable if they were acting negligently, and if that negligence contributed to the accident. Texting-and-driving does qualify (under the vast majority of circumstances) as negligence. So if you can prove that the defendant-driver was texting at the time of the accident, then it’ll be much easier to establish their liability.

This may come as a surprise, but evidence of texting-while-driving can be quite easy to procure. Of course, there may be eyewitness testimony, video footage, photos, and various visual confirmations. But perhaps the most common way of proving that the defendant was texting-while-driving is to investigate their phone records. These phone records will show the exact time that texts were sent and received, which can be cross-referenced against the time of the accident to establish negligence.

How much compensation are you entitled to in a car accident dispute?

In a car accident, whether or not it involves a distracted driving-related claim, the injured party may potentially be compensated for the following losses:

Wage loss
Loss of earning capacity
Medical expenses
Property loss
Pain and suffering
Loss of enjoyment of life
And more

As the injured plaintiff, you may claim any of these losses, so long as you have the evidence to support your claims. Not all losses are easy to measure, however. For example, pain and suffering is somewhat subjective, as it is based on personal experience — as such, your attorney will work with experts who can testify in support of your damages claims, showing that your subjective losses are justified (with reference to the baseline).

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in a texting and driving accident, then you could be entitled to significant compensation for your losses. Many people underestimate just how many injuries and how many deaths are caused by texting and driving. When an accident occurs, compensation may be possible. So it’s worth exploring your options with the help of an attorney.

Contact 1-800-THE-LAW2 to connect to an experienced local attorney in just 10 minutes or less. During this free initial consultation, you’ll have the opportunity to discuss your case with the attorney, who may be able to provide some guidance as well as identify next steps. There’s no obligation to continue if you decide against it, so there’s no downside!

We look forward to assisting you.

Unlicensed Driver Crash Injuries: Navigating Legal Solutions

If you were injured in an unlicensed driver crash, then you may be confused about whether you have an actionable legal claim — and even if you do, how to go about securing compensation given the additional complexity. There are many considerations to keep in mind if you move forward with a claim in an unlicensed driver crash. Let’s explore.

Suing for damages without a license: understanding your rights

Imagine you don’t have a license, but you got into an accident. Can you still sue for damages?

If you don’t have a license, you may still be able to sue for damages, depending on the state and how at-fault you are for the accident. In most situations, the defendant will argue that you contributed significantly to the accident yourself, as you were unlicensed and therefore lacked the knowledge, training, and experience.

That being said, most states allow you to sue for damages even if the court finds that you are at-fault, but your compensation will reduce by a percentage. A few states will prevent you from recovering compensation entirely.

Legal Implications of being injured by an unlicensed driver

Let’s suppose the defendant doesn’t have a license, and they caused an accident in which you sustained injuries. How does that affect your case?

In an unlicensed driver crash, the legal strategy is going to shift due to various issues linked to the lack of a license. Some are helpful to you, some make the dispute a little bit more complex. Let’s take a look.

Liability is easier to prove

In a standard car accident dispute where you are trying to prove that the defendant-driver’s negligence caused your injuries, you will have to show that the defendant violated the applicable “standard of care.” In other words, there are certain standards we expect from drivers in similar circumstances — by violating these safety norms, the driver may be found negligent and therefore liable (if they caused you injuries as a result).

If the driver is unlicensed, their negligence is easier to prove, as you may be able to show that they didn’t have the knowledge, training, or experience necessary to safely operate the vehicle on the roadway — and this caused you to sustain injuries.

Lack of insurance coverage

Unlicensed drivers are also likely to be uninsured, as insurers do not insure drivers who have no license. Even if the license is expired (and they had insurance otherwise), their insurer would decline to handle their case, as the unlicensed driver would have violated some requirement of the insurance contract — thus removing them from coverage. Suing an uninsured driver presents a number of additional challenges.

Suing other defendants

One effective strategy if you’re dealing with an unlicensed, uninsured driver is to find other insured defendants that you can sue. Car accidents are not always “single defendant” disputes. They can be rather complex when further investigated.

For example, a simple rear-end collision may have occurred (in part) because the road was poorly designed and there was terrible visibility at night. Under these circumstances, you could ostensibly sue the City for the dangerous condition of the road (which contributed to the accident).

What happens if you’re at fault in a car accident?

If you’re at-fault in a car accident, then you may still be able to recover damages as compensation — depending on the circumstances of your case. Texas, for example, incorporates the doctrine of “modified comparative fault.” What this means is that, as the injured plaintiff, you are entitled to sue and recover damages so long as you are not more than 50 percent at-fault for the accident.

Consider the following example.

Suppose that you are injured in a car accident in Texas. You sustain injuries with damages totaling $100,000. The court finds that you are 40 percent at-fault, however. Under these circumstances, you would be entitled to recover the remaining 60 percent (i.e., $60,000) in a lawsuit against the defendant. Your partial fault would not prevent you from recovery, it would just reduce your recoverable compensation by a percentage.

What happens if an uninsured driver hits you?

If an uninsured driver hits you, then you may have a few different options. In California, for example, you can sue the defendant, though it will likely be difficult to collect the damages you’re owed if they don’t have insurance coverage. You can submit a claim with your own insurance — this is potentially the simplest and easiest way to obtain compensation. And finally, you can look into suing other defendants who may have been partially responsible for your injuries. For example, if the defendant’s brakes stopped working, then you could potentially sue the auto manufacturer directly — and their coverage is likely to be significant, enough to cover any losses you may have sustained.

Attorneys can Help Navigate Complex Disputes

Disputes can be complex, and even when they aren’t, having an attorney by your side can help you establish liability and maximize your damages. That being said, the general public may not realize just how many “hats” an attorney wears. Representation is multi-faceted, and an attorney has several different responsibilities. These include:

Identifying, gathering, and preserving evidence
Handling eyewitness and expert witness testimony
Submitting an initial legal demand
Navigating the settlement negotiation process
Ensuring that all procedural requirements are met
Developing and executing a cohesive legal strategy
Communicating to third parties (insurers, defendants, etc.) on behalf of the client
Strategically managing various legal hearings so as to maximize results for the client
Pushing the case to trial, if necessary
Securing compensation after it has been awarded
And more

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in an unlicensed driver crash, then you may be feeling overwhelmed by the prospect of litigation. Moving through the legal dispute process doesn’t have to be frustrating or confusing, however. With a qualified attorney by your side, you’ll have the assistance you need to navigate this process and potentially secure compensation to cover your injuries and other losses.

Contact 1-800-THE-LAW2 to get connected to one of the experienced car accident attorneys in our network in just 10 minutes or less. They’ll be able to offer you a free consultation, during which you can discuss your case and receive guidance on next steps. There’s no obligation to continue if you decide against it, so there’s really no downside to picking up the phone and calling in to get started.

We look forward to assisting you.

How to Win a Personal Injury Lawsuit

What are the Chances of Winning a Personal Injury Lawsuit?

How to Win a Personal Injury Case

Factors Likely to Impact the Chances of Winning a Personal Injury Case

Defendant’s Strategic Approach

Certainty of Liability and Damages

Procedural Issues

Contributory Fault Concerns

What Percentage of Car Accident Cases Go to Trial?

Contact a Personal Injury Lawyer in our Network for a Free Consultation

What Is Title Jumping?

Is Title Floating a Felony?

Can I Sue Someone for Title Jumping?

How to Report Someone for Title Jumping

How to Fix Title Jumping and What to Do

Bonded Titles

What Is a Bonded Title?

Risk of Bonded Title

Title Jumping Penalties

Is it Possible to Sell a Car Without a Title in My Name?

What to Do If You Are a Victim of Title Jumping

Employers Liability vs Workers’ Comp: An Overview

What Is Workers’ Compensation?

What Is Employer’s Liability?

Common Employer Liability Scenarios

How To Prove An Employee Liability Claim

Types of Workers’ Compensation Claims

Contesting a Workers’ Compensation Decision: Appeals

Consult A Workers’ Compensation Lawyer

What questions should I ask my personal injury lawyer about my accident case?

What is the cost of legal representation?

What are the potential compensation outcomes for my case?

How long do you think this case will take?

How should I handle insurance companies and adjustors?

What experience do you have handling similar cases?

What case strategy will you be implementing?

Can my case be resolved through an out-of-court alternative?

What will you be needing from me as the case progresses?

Questions that car accident attorneys may ask their clients

What are the case details?

What documentation do you have access to? Is there medical documentation?

Did you suffer any severe or permanent injuries (for example, brain injury or spinal cord injury)?

Do you know the insurance policy limits of the at-fault driver?

Do you have UIM (underinsured motorist coverage) on your vehicle insurance policy?

Have you already secured medical assistance for your injuries? Remember, some injuries (like whiplash) can take weeks or even months to surface.

Talk to a lawyer for free about your case

FAQs – Frequently Asked Questions

What are some tips on vehicle accident lawyers?

How do you win a collision case?

How do lawyers decide to take a case?

How often should I hear from my attorney?

What is a Hostile Work Environment?

What should I do if I believe I am in a hostile work environment?

What Four Factors Could Contribute to a Hostile Work Environment?

How does the law measure this?

Is a single incident enough to constitute a hostile work environment?

How Does a Hostile Work Environment Tie Into Discrimination and Harassment Complaints?

Hostile Work Environment Retaliation

Can you be fired for creating a hostile work environment?

But how do you know what to preserve and document?

Find a Hostile Work Environment Attorney Today

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Initial Steps When You Discover the Damage

Dealing with Insurance

Legal Considerations

Preventative Measures for the Future

Should I Call an Attorney After a Car Accident?

1. Positive for Your Health and Well-Being

2. Maximizing Your Compensation

3. Protecting You From the Insurance Company

4. Meeting Legal Deadlines

What Does it Mean to Retain a Lawyer?

When to Hire an Attorney After a Car Accident

When Do you NOT Need an Attorney after an Accident?

How Much Does it Cost to Retain a Lawyer?

What is a Contingency Fee?

What are the Qualities of the Best Car Accident Lawyer?

Questions about Retaining an Attorney after a Car Accident? Speak with a Car Accident Lawyer Today

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Which US City Has the Most Car Accidents?