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Injured in a Single Vehicle Accident? You Might Be Entitled to Damages

Across the United States, single-vehicle accidents are common. However, when people envision a typical car crash, they often think it involves two vehicles. As a result, one-car accidents where no one admits fault or no one else is involved are not usually perceived as qualified for a legal claim. After all, if the driver who caused harm, the defendant, and the driver who received the injury, the plaintiff, are not both present during the accident, is it even a legal claim?

What Are the Odds of Having a Single Car Accident?

Single vehicle collisions occur with surprising frequency, and they do not always involve two vehicles. According to the Insurance Institute for Highway Safety (IIHS), in the United States, 9,973 deaths linked to single vehicle collisions occurred in 2019. As such, it is fair to say that single vehicle collisions are a problem area for major and minor car accidents that deserve more attention.

If you have an injury as the result of a single vehicle accident, you may find your case strategy requires a more skillful touch. For free lawyer consultation over the phone, call 1-800-THE-LAW2 and connect to an experienced car accident attorney near you in our network.

Curious about single vehicle collisions? Check out our short video on the subject below, or keep reading!

WATCH THE LATEST VIDEO SHORT FROM 1-800-THE-LAW2: Single Vehicle Accident video on Youtube

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When Is a Driver Liable for a Single Vehicle Accident?

In a single-vehicle collision scenario, a car accident where no one else is involved, it’s not always obvious whether someone can be legally liable for injuries. This stands in stark contrast to car accident scenarios where liability is obvious, such as a drunk driver accident. Whereas in DUI cases, there is clearly a driver in the wrong. 

However, in a single vehicle crash, that is not always the case. There are at-fault single car accidents, and no-fault single car accidents.

Liability is Not Obvious in a Single Vehicle Accident

To determine liability, a comprehensive evaluation of evidence is necessary. In the early stages of any legal claim, the assistance of an experienced car accident attorney is invaluable. As the injured person, you might not realize that you have an actionable claim for damages under the law. 

An attorney can determine who is potentially liable, and how much they potentially owe you. Naturally, this has an impact on your legal claims for a single car accident. No insurance? If you lack proper insurance coverage, it’s much more critical to work with an attorney, as you won’t have any benefits to fall back on if you don’t sue and recover damages.

What Does It Mean to be in a Single Car Crash?

In a single vehicle crash, there is no driver who collided with your vehicle. Thus, you’ll have to explore other avenues for damages recovery and legal compensation.

Who Can You Sue in a Single Vehicle Collision?

In the aftermath of a single-vehicle collision, it might seem like the driver is the only party that can be held responsible. However, this is not always the case. Numerous other parties might share in the liability, depending on the specifics of the accident. A few examples are:

  • Vehicle manufacturer: If a defect in the vehicle contributed to the accident, the manufacturer could be held liable. This could be anything from brake failure to a fault in the steering system. In these cases, you may have a product liability claim against the vehicle manufacturer or possibly against the manufacturer of the specific defective part.
  • Government or other public agency: Poorly maintained roads, malfunctioning traffic lights, or poorly designed roadways can all contribute to single-vehicle collisions. If your accident was caused by such issues, the government agency responsible for maintaining the roads might be held liable.
  • Private business and/or property owner: If a private business or property owner’s negligence contributed to the accident, they could be held liable. For example, if a business failed to properly maintain its parking lot, causing you to have an accident, they might be held responsible.
  • Negligent drivers: Sometimes, other drivers can contribute to your accident without being directly involved. For instance, if a driver cut you off, causing you to swerve and crash, they could be held liable even if their vehicle didn’t physically contact yours.
  • Other Parties: Depending on the specifics of your accident, other parties might also be held liable. For instance, a construction company that left hazardous conditions on the road could potentially be held responsible for an accident.
  • and more!

What are the Two Collisions that Happen in a Crash?

Here are three examples of one car accident cases where no one admits fault, yet another party is potentially responsible. They are:

Tree Accident Example

For the first example, suppose you have an injury that resulted from a fallen tree while driving. Here’s what happened. The tree was located on city property, and it was poorly maintained. The city made no proper inspections, and thereby allowed the tree to become structurally damaged. 

As a result of improper maintenance, it fell on a nearby car. Specifically, the tree accident involved your car, the tree, and no other vehicle. If this happened to you, you could sue the City and recover compensation for the one car accident, even though it involved no one else.

DUI Crash Example

In the second example, imagine your injury was a single vehicle collision that resulted from a DUI crash. This is what happened. A drunk driver swerved into your lane, and you suddenly switched lanes to avoid a car wreck. 

In turn, you lost control and crashed your vehicle. Under these circumstances, you can sue the drunk driver despite the fact that they never actually touched your vehicle.

Hydroplaning Example

Consider this scenario, where a single car accident occurs due to hydroplaning. Here’s how it unfolded. You were driving down a city street during a rainstorm. The city was responsible for maintaining the drainage systems on this street, but had neglected to do so. The lack of proper drainage, combined with the heavy rainfall, resulted in an excessive amount of water accumulating on the road.

As you drove over the waterlogged area, your car began to hydroplane. Despite your attempts to regain control, your car skidded off the road and crashed, causing you significant injuries. Even though no other vehicle was involved in this accident, the city’s negligence in maintaining the drainage system on the street resulted in hazardous conditions that led to your accident.

In this case, you could potentially file a lawsuit against the city, seeking compensation for the injuries you suffered in this single car accident of hydroplaning, even though no other vehicle was involved.

Leaving The Scene Of An Accident

Here’s an important single care collision advice:

If you’ve been in a single vehicle collision, avoid leaving the scene of the single car accident until you can do everything needed to preserve your legal claims. This may involve recording pictures and video evidence of the car crash scene, calling an attorney to help you physically evaluate the situation, and speaking to nearby witnesses to get their contact information. Many times, witnesses are a useful resource to prove that your version of events is correct.

Since environmental hazards and road defects cause many single-vehicle accidents, it is important to record that information in detail. When possible, collect video evidence, take pictures, and write down every detail you observe and remember from the car crash.

Also, be sure to secure medical assistance as soon as possible. Failure to seek timely medical assistance can undermine your legal claims. So, if you are seriously injured, do not delay. Get the medical attention you need.

Do I Have to Report a Single Car Accident?

In the case of a single car accident, where you’re the only party involved, you may wonder if it’s necessary to report the incident. Whether you lose control due to your car hydroplaning on wet roads or cause property damage, it’s essential to understand the correct steps to follow.

  1. Call 911: After any accident, your first step should always be to call 911 if anyone has sustained injuries. The immediate reporting can also be helpful in a subsequent personal injury claim.
  2. At Fault: Even in a single car accident, you’re considered at fault. Thus, depending on your state’s laws, you may be legally required to report the accident, especially if it involves significant property damage or personal injury.
  3. Property Damage: If the accident caused property damage, it’s typically mandatory to report it to local law enforcement. Failing to do so may result in serious consequences, such as being charged with leaving the scene of an accident.
  4. Insurance Claim: Reporting the accident to your auto insurance company is crucial if you plan to file an insurance claim to cover property damage or medical bills resulting from the accident. However, don’t do so without the assistance of an attorney, as an attorney will ensure that you do not report anything that could undermine your claims.
  5. Call the Police: Even if it’s a minor accident, you should still call the police to report the incident. A police report provides an official record of the event and can be valuable when filing an insurance claim.

In short, you should report a single car accident to both the police and your insurance company to ensure you comply with the law and maintain your ability to seek compensation for any damages or injuries.

Contact 1-800-THE-LAW2 For Free Lawyer Consultation Over the Phone

If you had an injury as a result of a single vehicle accident, please call us today. In order to preserve your legal claim, it is important to contact a qualified attorney as soon as possible. Our network of highly skilled auto accident attorneys provide free lawyer consultation over the phone. 

After investigating the evidence, your lawyer will develop a case strategy that may potentially lead to recovery of damages. Consultations over the phone are confidential.

Call us now to get connected to an experienced car accident attorney in 10 minutes or less. Legal consultation is free and confidential. If you decide to not move forward with the case, there is no commitment.

What is the Difference Between Negligent Driving and Recklessness?

Motor vehicle accidents are unfortunately common occurrences, often resulting in personal injuries and property damage. Negligent and reckless driving are two legal concepts that often come up in personal injury cases. While they may seem similar, there are important differences between them that can have significant legal consequences. In this blog post, we’ll explore the definitions of reckless and negligent driving, whether they are criminal offenses, and the differences between the two.

There are a number of unique issues in car accident disputes involving either negligent or reckless driving. For guidance on how to proceed, it’s worth connecting to an experienced car accident attorney. Call 1-800-THE-LAW2 for a free consultation today.

Reckless Driving

What Is Reckless Driving’s Definition?

Reckless driving is defined as operating a motor vehicle in a manner that exhibits a wanton or willful disregard for the safety of persons or property. Reckless driving often involves intentionally driving in a manner that puts others on the road in danger, such as excessive speeding or aggressive driving.

Is Reckless Driving a Criminal Offense?

In California, reckless driving is considered a criminal offense and can result in fines, license suspension, and even imprisonment in some cases. Reckless driving can also result in personal injury lawsuits and liability for damages.

Is Reckless Driving a Felony?

Reckless driving is not always considered a felony. In some cases, such as in California, reckless driving can be charged as a misdemeanor. However, in certain circumstances, such as when reckless driving results in serious injury or death, it can be charged as a felony. 

Additionally, some states may have specific laws that classify certain types of reckless driving, such as reckless driving while under the influence of drugs or alcohol, as a felony offense. It’s important to note that the consequences of a reckless driving charge can vary depending on the specific circumstances of the case and the laws of the state in which the offense occurred.

What Are Examples of Recklessness?

Examples of Reckless Driving Include:

  • Driving well above the speed limit
  • Not using turn signals when turning or changing lanes
  • Driving under the influence
  • Texting or talking on the phone
  • Refusing to stop at Stop signs and/or red lights
  • Failing to turn on lights while driving at night or in rainy conditions
  • Racing on public roads or illegal street racing
  • Knowingly operating a vehicle while intoxicated

What’s the Difference Between Careless Driving vs. Reckless Driving?

Careless and reckless driving are both terms used to describe dangerous driving behaviors, but there are important differences between them. Careless driving involves a failure to exercise reasonable care while driving, such as failing to signal when changing lanes or not checking blind spots.

Reckless driving, on the other hand, involves intentionally disregarding the safety of others on the road, such as excessive speeding or driving while under the influence of drugs or alcohol. While both types of driving can result in accidents and injuries, reckless driving is generally considered more serious and can result in criminal charges in many cases.

Negligent Driving

What is Negligent Driving?

Negligent driving involves failing to exercise ordinary care while operating a motor vehicle. This can include a failure to follow traffic laws, driving while distracted, or driving while under the influence of drugs or alcohol. Unlike reckless driving, negligence often involves an unintentional failure to exercise reasonable care while driving.

How Do You Define Negligence?

Negligence occurs when drivers fail to use reasonable care while operating a vehicle, which could lead to personal injuries and damages to one or more vehicles. Drivers have a legal obligation to act in a certain manner that is dictated by law. When they proceed to breach that duty by acting in a particular manner, or failing to act at all, they are being negligent.

Is Negligent Driving a Criminal Offense?

Negligent driving is considered a criminal offense in some states, such as Washington, where there are two degrees of negligent driving. Negligent driving in the first degree involves exhibiting the effects of having consumed liquor or drugs while operating a motor vehicle, while negligent driving in the second degree involves driving in a manner that endangers any person or property.

In California, there is no differentiation between negligent driving 1st degree and negligent driving 2nd degree, as there is in some other states, such as Washington State. 

Recklessness vs Negligence

The main difference between negligent driving vs reckless driving is intent. Reckless driving involves intentionally disregarding the safety of others on the road, while negligence involves a failure to exercise reasonable care while driving. 

In personal injury cases, recklessness may be used to support claims for punitive damages, which are intended to punish the defendant for their wanton disregard for the safety of others.

What Are Examples of Negligence?

Negligent Driving Examples Include:

  • Unintentionally failing to provide a safe environment for other drivers and pedestrians
  • Incidents where the term “accidental” may be used to describe the event
  • Driving on private property without the owner’s consent
  • Driving under the influence of non-prescribed drugs or alcohol

Suing A Defendant For Negligent vs Reckless Driving

How Do You Win a Negligent Driving Case?

If you’ve been seriously injured in a car accident, then you may be entitled to damages under the law. Though many plaintiffs aren’t aware, the potential compensation, and the legal strategy you pursue, could be influenced by the defendant’s actions.

What Is a Car Accident Case Example of Negligence?

Suppose a defendant was street racing when they collided with your vehicle. The car accident lawsuit will be different than if the defendant was driving at a reasonable speed but distracted. The street racing defendant would be considered a “reckless” driver, making it easier for you to hold them liable. Bonus punitive damages might also be available, depending on the circumstances.

Damages May Be Different

As a general rule, it’s easier to “scale up” the damages claim in a reckless driving case, as opposed to a negligent driving case. The driver that injured you not only is more likely to have caused serious injury, but also engaged in behavior for which a jury may feel like “punishing” them through a large damages award. Additionally, reckless driving cases may also provide ample opportunity for a punitive damages recovery.

What Is an Example of Punitive Damages?

Punitive damages are bonus damages that multiply the baseline damages. For example, if your accident case is worth $50,000, then the punitive damages amount may be up to $350,000, for a $400,000 total recovery.

Who Gets Punitive Damages?

Punitive damages are only available at the discretion of the court, however, and that too, only when you can show that the defendant-driver engaged in malicious or egregious misconduct that recklessly disregarded the safety of others.

Given the possibility of maximizing the damages award, it’s critical that you pursue punitive damages where it might be potentially available. Doing so requires the assistance of a skilled car accident attorney who has experience securing such damages for clients.

A speedometer showing the car going 160mph

Consequences for Reckless Driving and Driver Negligence

What Is the Penalty for Negligent Driving?

Penalties for negligent and reckless driving differ by state and on the severity of the accident. Given the more serious nature of reckless driving, the consequences associated are greater than negligent driving. Negligent driving penalties may include:

  • Suspension of one’s driver’s license
  • Fines
  • And even imprisonment

Safe Driving Tips

Avoid reckless and negligent driving to keep yourself, fellow motorists, and pedestrians safe by following these tips for safe driving:

  • Allow plenty of time to get to your final destination. This will help you avoid speeding, changing lanes quickly without signaling, and overall aggressive driving.
  • Wear glasses and/or contact lenses when driving to see clearly, especially at night.
  • Avoid distracted driving such as texting, talking on the phone, eating, and playing with the radio. When engaged in any of these activities, it’s easy to go too fast, swerve into other lanes, and run traffic lights/signs.
  • Don’t drive under the influence. Always assign a designated driver, keep a local taxi number handy, or stay at a friend’s place. A conviction related to DUI can lead to license suspension and jail time.

Contact a Car Accident Attorney for a Free Consultation

Understanding the difference between reckless and negligent driving is important for drivers to exercise caution while on the road. Reckless driving involves intentional disregard for the safety of others, while negligence involves a failure to exercise reasonable care. 

If you have been involved in a motor vehicle accident as a result of someone else’s recklessness or negligence, it’s important to seek the advice of an experienced personal injury attorney for a free consultation. An attorney can help you understand your legal options and work to ensure that you receive the compensation you deserve for your injuries and damages.

If you’ve been injured in a car accident, then you may have a right of action against the defendant. Of course, depending on whether the defendant-driver was acting negligently or recklessly, the legal strategy, and damages, involved may change. It’s important to work with an attorney near you who understands how to navigate these challenges. We’re here to help you secure the compensation you deserve.

At 1-800-THE-LAW2, we maintain a network of experienced car accident lawyers who are standing by to provide a free consultation. Our agents will connect you to an attorney who can guide you through the litigation process after evaluating your case. Don’t delay. Call 1-800-THE-LAW2 to get connected today.

Victim Impact Statement Example

Questions and topics this article can help to answer: What is a victim impact statement? | How to write a victim impact statement | Do’s and don’ts of writing a victim impact statement for a car accident | Example of a victim impact statement | Why write a victim impact statement?

What Is a Victim Impact Statement?

A victim impact statement is a personally written account of how the car accident affected you. Many times, a serious car accident can have long-standing consequences. It’s an opportunity for a victim to explain the full extent the car accident may have had. For example, a police report may mention that the victim had a broken leg. 

But, what might not be mentioned is the other consequences, like:

  • Time off of work
  • Hospital bills
  • Cost and time of physiotherapy appointments
  • Canceled vacations or plans
  • Stress, anxiety, or depression when it comes to driving
  • The impact of the injuries and accident on friends and family

Your victim statement is a comprehensive overview of how the individual’s life has changed due to the car accident.

What Are Victim Impact Statements For?

Victim impact statements give you – the victim – a voice. They serve as evidence and help to build a case against the defendant who wronged you.

Are Victim Impact Statements Used in Court?

Yes. Victim impact statements can be used to prove your case and demonstrate the impact the accident had on you. They can help to persuade a jury to understand why you’re claiming the damages you seek, and why you deserve this compensation. 

Avoid Exaggerating the Details

We’ll cover the do’s and don’ts of powerful victim impact statements below. However, this is a point worth highlighting: you should never exaggerate details in a statement. Stick to how you truly feel and what you remember. 

Even if you can’t recall too many details, that’s ok. Just be clear and focus on your true feelings. And if you felt numb or you’re unsure how much the accident affected you, this is ok to say, too.

Never take the chance of lying or exaggerating in a document which could be used in court.

How to Write a Victim Impact Statement

Before we look at a phrasing sample, or victim impact statement example, here are some points to bear in mind. 

  • Victim impact statements should be in your own words. 
  • Focus on the impact of the incident on your life. You don’t need to describe the accident  in detail – that’s not what the statement is for. 
  • Clearly set out the physical, mental, emotional, and financial impacts one at a time. 

Remember, this is your statement. Your opportunity to explain how your life has been affected by an incident which was not your fault. Take your time over the statement and be as detailed as you can.

Examples of How to Structure a Victim Impact Statement

How do you put all of this information into a statement? It might seem overwhelming at first, but here are the steps to walk through. 

Start with the emotional impact

Transition into your physical injuries and disabilities

Emphasize the financial consequences

Start With the Emotional Impact

You can discuss how you felt that day and how you feel now. You were probably scared and shocked on the day and might still feel anger and fear today. Describe these emotions in as much detail as you can, so the jury can understand just how emotionally traumatizing the car accident was.

Transition Into Your Physical Injuries and Disabilities

After covering the emotions, you can transition into your physical injuries and disabilities. You’ll want to cover how much these injuries hurt, how long and challenging recovery has been, if recovery made you take time off work, time lost with family, friends, hobbies, and other consequences. 

You may want to wrap this up in a personal story. Some common examples are having to cancel a booked and paid vacation because you were recovering. Or, having to become a burden and reliant on your family members during recovery, which impacted them as much as you. You need to go over these details, so the jury understands the full consequences of your injuries.

Emphasize the Financial Consequences

Lastly, you’ll want to emphasize the financial consequences. This will help the jury decide the amount of accident compensation you and your family may deserve. You can cover how much this accident cost you in terms of:

  • Healthcare and recovery costs
  • Wages lost at work
  • and more

Powerful Impact Statement Example

Want to see an example of a successful victim impact statement? Let’s now look at a victim impact statement example and what we can learn from it. 

Your Honor,

On August 25, 2022, at the intersection of Fir Street and 96th Avenue in San Diego, California, I was in a car accident with Mr. Jones. The accident happened at approximately 2:00 in the afternoon. My car was totaled as a result of the accident and I walked away with a broken arm.

The victim quickly summarizes what happened, confirming the date and time of the accident and the pertinent details. 

That day, I had left work for a brief period to go to a routine doctor’s appointment. It was easily the most shocking and traumatizing experience of my life having a car ram into the side of my driver’s door. 

The victim emphasizes how shocked and traumatized they felt at the time (the emotional impact). 

I couldn’t get out of the car and I sat there shocked with my arm pinned under the wheel. The paramedics arrived on the scene and were able to pull me out. I remember screaming in pain like I have never screamed before. I was taken to the hospital and informed I had broken my arm.

It’s clear they were in a distressing situation and in a lot of physical pain. These are the types of details to include in a victim impact statement. 

It took nine weeks for me to fix my broken arm. I had to cancel a vacation I had booked for Mexico. I also had to move into my parent’s home, so my mom could take care of me. 

We feel sympathy for this victim because their life has been turned upside down after the car accident.  

I became a burden to those I love most, needing help eating, changing my clothes, showering, and more. I couldn’t even go to the grocery store and take my debit card out of my wallet to pay for my groceries. I needed someone to come with me everywhere I went. I felt helpless, useless, and an annoyance to everyone.

The victim uses their own words to describe just how badly the incident affected them. It’s common for victims to feel guilty for needing assistance after an injury – we can feel the victim’s despair from this statement. 

During my recovery, I had to take a leave of absence from work, losing nine weeks of wages. The hospital bills alone were tremendous, but I have also been in six months of physiotherapy. Not only are those appointments expensive, but they take up my time every week.

We’re covering the physical extent of the injury now. The details are clear and they give credence to the victim’s emotional suffering. We’ve also covered various losses, including wages and physiotherapy. 

Today, I still don’t have full use of my arm. There’s a dull pain that shoots down my arm constantly. More importantly, I haven’t driven a car since the accident. I still have trouble getting into a car. 

I experience flashbacks and sometimes have panic attacks.

The victim moves on to explaining the emotional and long-term impact of the accident on their wellbeing. This concludes the statement and leaves a powerful impression. 

This accident has shattered me in every single way – financially, mentally, physically, and emotionally. I don’t know when I will be the same again, but it’s quite possible I’ve been changed forever. I ask the court to consider the full impact this accident has had on my life when deciding on a settlement. The jury needs to understand that I am not who I used to be and it’s been hard to reconcile that for myself, my family, and my friends.

Thank you for listening to me today.

The Do’s & Don’ts of Writing a Victim Impact Statement for a Car Accident

Hopefully you found that example victim impact statement helpful. While writing your own victim statement, try to keep these common do’s and dont’s in mind:

  • Do: Write in “I feel” and “I believe” statements rather than definitive “The defendant did…” statements. You should only include what you believe to be true, as the defendant can question the legitimacy of your statements.
  • Don’t: Use this as an opportunity to go over the details of the accident and lay blame on the defendant.
  • Do: Express your emotions clearly, add details, and paint a picture of what you’ve been through.
  • Don’t: Mention the type of punishment you think or want the defendant to receive.
  • Do: Have someone review your statement for proper spelling and grammar.
  • Don’t: Swear in your statement; it can cause the jury to see you in a negative light.
  • Do: Staple and include related paperwork that can help verify your statements, such as receipts.

Before handing it to your attorney, read your statement. Once you’re happy that it makes sense and reflects how you feel, you can turn it in. 

Get More Victim Impact Statement Examples

If you’re still unsure how to draft your statement, you can find other victim statement examples online. Or, you can refer to the victim impact statement guidelines for criminal cases (which can still be helpful for civil claims). 

Your accident lawyer can also explain how you might structure your statement (but they can’t write it for you or tell you what to say).  

Find an Accident Lawyer Near You Today

If you’ve been in a car accident or another collision, consider getting legal representation so you and your family can get the maximum compensation for your injuries. Our experienced car accident lawyers have helped thousands of injured drivers get their rightful compensation. 

We’ll help you in every step of the process, including your victim impact statement for your car accident. Contact us today for a free consultation.

How Many Car Accidents Per Year Occur in the U.S.?

 

From fender benders to high-speed crashes, car accidents are all too common in the US. But how often does a car crash occur, and what are your chances of being in a collision? Below, we look at some key car accident statistics and offer tips to help you stay safe on US roads.

Number of Car Accidents Per Year

There are over 2 million car accidents a year in the US according to the Centers for Disease Control and Prevention (CDC). 

  • Roughly 42,915 people died in a fatal car crash in the US in 2021. 
  • Speeding accounts for more than 30 car accidents per day.
  • Distracted driving is a leading cause of car accidents. The number of drivers using cell phones behind the wheel has increased by 127% between 2012 and 2021.

Auto accidents are a huge problem on US roads. Call our car accident lawyers today if you’ve been injured in a road crash.

Fatal Car Accident Statistics 

A fatal car accident results in the death of 1 or more individuals. For Americans aged between 1 and 54, car accidents are a leading cause of death, according to the CDC. 

  • 1 in 10 fatal accidents are caused by distracted driving.
  • 60% of car accident deaths are single-vehicle accidents. 
  • Pedestrian and cyclist deaths are on the rise.

Calculations suggest that a fatal car accident occurs every 15 minutes in the US. This is a disturbing statistic – and it shows no signs of slowing down. 

Causes of Car Accidents 

While technical and legislative changes have been addressed to reduce fatal accident rates, many car accidents are due to driver impairment or behavior. Alongside distracted driving, other common causes of car accidents are:

  • Driving tired or drowsy
  • Drugs and alcohol
  • Speeding

The Centers for Disease Control and Prevention (CDC) estimates 29 deaths every day in the U.S. that involve an alcohol-impaired driver. 

Consequences of Car Accidents 

Car accidents can have serious consequences. 

  • There are usually collisions in a motor vehicle crash. Meaning, there’s normally an impact which can cause anything from muscle strains to spinal cord damage.
  • At high speed, or in collisions involving motorbikes and heavy vehicles, the likelihood of serious injury increases. 
  • If vulnerable road users such as cyclists or pedestrians are involved, there’s an increased risk of death or catastrophic injury.
  • Even minor fender-benders can leave you with bruises and feeling pretty shaken up. 

With over 200 million drivers on the road, the unimaginable can happen in a split second. Drivers, passengers, and even pedestrians are at risk of fatal injuries at every moment. Therefore, it is important to understand the rules of the road and how to handle various situations to avoid crash deaths and car accidents. 

Safe Driving Tips

Alarmed by these car accident statistics? Take steps to protect yourself – follow these safe driving tips. 

  • Always wear your seatbelt.  Get in the habit of buckling up as soon as you enter the vehicle.
  • Obey all speed limits and signs.
  • Never drive under the influence of alcohol or drugs. These days, there are great options when it comes to getting a ride. Whether you order an Uber or Lyft ride share, call a local car service or taxi, or ask a friend to give you a ride, there are various options. Getting on the road if you are impaired can have a negative impact on your life, and the lives of others, for years to come. 
  • Keep your eyes moving. Get used to being aware of what is happening on all sides of the road. Also, check your rear view mirror regularly.
  • Know that other drivers will make mistakes and drive irresponsibly. It is important for you to be alert and ready to react in a manner that keeps everyone on the road safe. While you may be angry with the other drivers or pedestrians, causing an accident on purpose will result in bigger problems.
  • When approached by an emergency vehicle, pull over to the right of the road and stop.
  • When driving on multi-lane roads or highways, know that the left-most lanes are for passing only. If you do not intend to pass a vehicle, stay in the right lanes.

Car Safety Check

How many car crashes a year could be prevented by performing a car safety check? While it’s impossible to say for sure, one thing is certain: a car inspection can go some way to keeping you safer on the road. 

Before driving a vehicle, and especially in bad weather conditions, do this simple car safety check.

  • Turn on the lights and walk around the vehicle to ensure all lights are working properly.
  • Make sure your turn signal indicators, or blinkers, are working.
  • Check that there is no sign of fluid leaks or things hanging from the vehicle.
  • Don’t forget your tires. If they look flat, stop by a gas station or repair shop for air before driving long distances.

Next, adjust mirrors before you get on the road. To adjust the left mirror, place your head against the left window and adjust the mirror so that you can just see the left side of the car. 

For the right side, move your head towards the center of the car and adjust the mirror the same way. This will help reduce your blind spots.

What to Do After a Car Crash

You can reduce your chances of being in a car accident once a year or more. However, no matter how careful you are, accidents still happen. Here’s what to do if you have a motor vehicle crash in the US.

  • Call 911 immediately if someone is in physical danger or seriously hurt. 
  • Move to safety. Call the police if there are injuries or significant car damage. 
  • Exchange details with the other parties involved.
  • If there are witnesses, ask for their contact information. 
  • If safe to do so, take photos of the crash scene, including the road itself. This helps to build a clearer picture of what happened. 
  • Get medical attention to assess your injuries.
  • Call a car accident lawyer to proceed with a legal claim. 

Car Accident Lawyer Free Consultation in the US 

The number of car crashes per year in the US makes for alarming reading. Just know that if you’ve been injured in a car accident, you may be entitled to damages under the law.

At 1-800-THE-LAW2, we maintain a network of experienced car accident lawyers who are standing by to provide a free consultation. Our agents will connect you to an attorney who will guide you through the litigation process after evaluating your case.

If you’re hurt in a road accident, you’re not alone. Contact us today at 877-461-6181. 

Factors That May Affect the Value of a Drunk Driving Accident Settlement 

Injured in a drunk driver accident? Chances are that you’ve been at least a little bit overwhelmed and confused about how to assess your own claims. Perhaps you don’t quite know how to measure the value of your accident claims. We’re here to help clear up some of this confusion. Understanding the true value of these claims can help you identify the right settlement value to negotiate with the drunk driver. This may lead to a speedier and simpler resolution to the case.  

Don’t go through the legal process alone.  Call us at 1-800-THE-LAW2 for a free consultation. We’ll connect you to one of our network attorneys in ten minutes or less. Talking to an attorney about your case is a “no commitment necessary” decision.  

What factors may affect the value of my claim against a drunk driver? 

There are a number of factors that can influence the value of your claim; too numerous to list. And so the average settlement for a drunk driving accident is of no use to a plaintiff. Your case will have unique factors that must be evaluated in context. Still, there are a few common factors that you’ll want to consider regardless.  

The nature and severity of injuries 

The more severe your injuries, and the more impactful, the higher your drunk driving accident claims are likely to be. Damages reflect the losses that you suffer in a variety of contexts. Severe injuries tend to significantly impact both your day-to-day life and your long-term goals.  

For example, a serious back injury can not only prevent you from performing everyday tasks, but can also undermine your ability to go to work and earn a living. As such, your back injury will give rise to more significant damages than a minor hand injury. Understanding this injury-loss dynamic is necessary when making accurate damages assessments. 

Medical costs and complications 

Medical expenses are a key factor influencing the value of your settlement. Some drunk driving injuries demand comprehensive medical assistance, from diagnostics, to treatment and even long-term rehabilitation requirements. Depending on the expense, this can push up the value of the settlement up quite a bit. 

Wage loss and loss of future income 

Wage loss is a large component of many drunk driving accident claims. This is a factor that varies significantly from case-to-case, and from person-to-person. For example, if a permanently unemployed person is injured, they cannot claim wage loss damages. By contrast, if a highly-paid software engineer is injured and cannot work due to their injuries, their damages will be substantial. 

Value of your vehicle and the damage done to it 

Property loss may be substantial if your damaged vehicle is expensive. However, you’ll have to also consider how much baseline value has been lost compared to a new, unused vehicle. The drunk driver is also likely to argue that not all the damage to your vehicle was actually caused by them. To ensure the maximum possible property loss damages, your attorney will have an expert inspect your vehicle and provide a report of all the impact damages, and may work with an accident reconstruction expert to develop a solid narrative as to how it all occurred. 

Modifications to your home or car due to change in mobility or ability after the accident 

Damages in a drunk driving accident must also consider the lifestyle changes that occurred due to serious injury. In many cases, victims are actually forced to modify their homes and cars so that they can continue to use them adequately. For example, it’s not uncommon for injury victims to have to modify stairwells to enable them to go up-and-down the stairs in their own home. These sorts of modifications can be extremely expensive, so it’s important to properly calculate the costs when making an accident claim and negotiating a settlement. 

Other pain and suffering 

Pain and suffering is considered a “non-financial” damages type. In other words, it’s a damages category that has nothing to do with a financial loss, and is instead based on the mental and physical losses the victim sustained after an accident. Oftentimes, pain and suffering damages comprise a significant portion of the damages in a drunk driving accident claim. As they are not based on clear financial losses, it is important to work with an experienced attorney. This attorney can secure the testimony of doctors and others who will be able to identify the seriousness of your injuries and the suffering associated with those injuries. 

How can an attorney help me? 

Attorneys perform a variety of tasks in a drunk driving accident. They do everything from gather and preserve evidence, to negotiate a settlement and litigate the dispute at trial. They are especially important early in the process, where insurers and others hover like vultures around your case. In these scenarios, an attorney will work with you so that you don’t disclose anything sensitive, and will handle further communications with these parties. 

Wrongful death car accident settlements 

If you’ve been reading about drunk driving accidents, chances are that you’ve been reading about examples of drunk driving settlements that focus on injury-related issues. But what if your loved one was killed by a drunk driver? In that case, you may have to explore the possibility of a wrongful death car accident settlement. 

Wrongful death damages are paid out to a subset of surviving family members of the individual who died in the accident. There are a number of limitations as to who qualifies to receive these damages, and it can vary from state-to-state. The damages are also not as straightforward as standard injury claims, as they are based on losses specific to the death of the invidual, such as the loss of financial support to the surviving family members. Given the unique structure of wrongful death claims, it’s important to speak to an attorney about how best to proceed. 

Hit by a drunk driver? Work with an attorney today. 

If you’ve been hit in a drunk driver accident, then you may be entitled to sue for damages. Securing compensation isn’t always straightforward, however, and it is extremely helpful to have an attorney by your side. We encourage you to call us at 1-800-THE-LAW2 or fill out our contact form to connect to an experienced accident attorney in our network today. Consultation is free and there’s no-obligation to commit, so don’t delay! 

FAQs — Drunk driver accident settlements 

5 Things Car Accident Victims Should Know | Car Accident Lawyers Near You

Car accident victims often feel confused after being in an accident. They don’t know what to do next, in part because of a lack of experience, and in part due to the shock and trauma that they suffered. It’s important that the injured party understands exactly what they’re doing next, as they’ll have to navigate a variety of laws and procedures to secure a favorable result. 

So, what are the 5 things you must do when you get in an accident? 

  1. Pull over safely and turn off your car
  2. Seek medical attention
  3. Collect information and evidence
  4. Talk to an attorney
  5. Be wary of insurance tactics

For a more detailed review of what to do in an accident, what you should know, and what to avoid after a car accident, keep reading! Immediately after an accident or crash, here are the steps to take to protect you: 

Pull Over Safely and Turn Off Your Car 

After a collision, pull over where it’s safest to do so and stay at the scene, if possible.  Turn off your vehicle, but leave your flashers on. Try to stay as calm as possible, taking deep breaths to calm your mind and body. 

Check yourself for injuries, and check others to see if anyone in your vehicle is hurt. That being said, if you’re not obviously injured, don’t assume that you are okay. Adrenaline from bodily shock can make you think you’re uninjured, even when you are hurt.  

Seek Medical Attention 

Call 911 emergency services as soon as you are able. If you believe that you’re severely injured, don’t move! Tell your passengers to do the same if they have also sustained injuries. EMTs will assess the situation and determine how to relocate you to the nearest hospital with as little additional trauma as possible. 

Sometimes, people in car accidents can appear uninjured. This is because some injuries do not manifest right away, such as whiplash where the neck ligaments overextend. For example, it can take hours or days for whiplash symptoms to show up and become noticeable. 

Getting treatment immediately after the accident ensures any injuries are properly treated to avoid unnecessary pain and related complications. Common car accident injuries in addition to whiplash include: 

  • Head trauma 
  • Traumatic brain injuries 
  • Shoulder injuries 
  • Back injuries 
  • Hip and leg injuries 
  • Broken bones 
  • Puncture wounds 
  • Burn injuries 
  • Cuts and lacerations 
  • Internal bleeding 
  • Organ damage 

Medical treatment is also a way to document the accident. Document all the medical processes and keep copies of the medical report documentation. Without medical reports, filing a legal claim becomes challenging due to lacking injury evidence.  

Collect Contact Information and Evidence 

If you or any of your passengers are physically able, you should obtain the other driver’s contact information for insurance purposes. Be sure to stay safe while you exchange information. It’s important not to get heated, as tensions can run high, and hostility can undermine your ability to get what you need. 

Taking pictures of injuries is worthwhile, too. If possible, you’ll want pictures of license plates, vehicles, the damage to each vehicle, and the overall scene. These can be used to clarify inconsistent narratives later on. 

If there were any eyewitnesses, collect their contact information. The police on the scene also take witness statements and include them in the police report. Get a copy of that report, as well as the medical report from the EMTs and local hospital. Providing your insurance company with this information offers irrefutable proof of the accident. 

If you and your passengers are unable to gather evidence, have a trusted friend or family member visit the accident site. You can also speak to the police officers on the scene to inquire about evidence gathering. 

Never share your insurance coverage limits, bank information, or Social Security number with other parties at the crash scene. Do not discuss fault or the details of what happened with the other parties. Any statements you make can be used against you at a later date, so be very careful with what you share. 

Above all, do NOT speak to your insurer or the other party’s insurer yet. Not until you first speak to an attorney. Insurance adjusters are always trying to undermine your claims so that they can reject or underpay you. If you speak to them without an attorney by your side, they will use that as an opportunity to identify weaknesses in your claim. 

Talk to A Car Accident Attorney 

Always speak with a car accident lawyer, even if you do not know whether you’ll be taking legal action against the other driver. Most car accident lawyers offer free consultations, which gives you an opportunity to evaluate whether there’s a potential claim. During this consultation, they will identify how your car accident injuries may give rise to a claim, and what sort of strategy might need to be followed. 

Car accident lawyers have many important responsibilities. They will communicate with car insurance companies on your behalf, ensuring that the companies negotiate fairly. This not only maximizes your leverage, but also allows you to focus on healing. A victim of road accidents often makes the mistake of overburdening themselves with the work of the lawsuit. Instead, it’s better to just work with an attorney who can handle those burdens for you. 

If taking legal action is necessary for any reason, your attorney will file the claim before the statute of limitations in your state ends. Statutes of limitations for personal injury claims vary by state, though most are one to two years from the date of the accident. In the rare instance that the legal claim cannot be settled, the case will go to trial and the attorney will continue to provide representation.  

Be Wary of Insurance Company Tactics 

Car accident victims often deal with insurers who deny legitimate claims, or underpay for claims. It can be extremely frustrating. Insurers often employ dirty tactics, like tricking accident victims into statements admitting partial fault, which are then used against them. 

Be mindful of such tactics and do not communicate to insurers without consulting your attorney first. It is better to let a lawyer handle the insurance company, since they have experience with such dealings and will take steps to avoid undermining your claims. 

Knowing what to do and what to avoid after a car accident makes the next steps significantly easier. Since focusing on your physical, emotional, and mental recovery is so important, allow an experienced lawyer to take care of all insurance and legal issues for you. 

Were you injured in a car accident? If so, you deserve to be compensated for those injuries. Call 1-800-THE-LAW2 to schedule a free consultation with an experienced car accident attorney and to discuss your accident case today.

Sideswipe Accident | Steps to Take After Being Sideswiped 

If you’ve been in a sideswipe accident, you might be considering legal action. After all, sideswipe accidents can be quite dangerous, as the offending vehicle can cause direct damage to the person in the seat closest to impact. The impact itself can also veer your own vehicle off-course, or even flip it over. 

Naturally, sideswipe impacts contribute to serious and often fatal injuries. We encourage you to contact us if you’ve been in a sideswipe accident, as it’s important that you speak to an attorney about your claims. Call us at 1-800-THE-LAW2 to speak to an experienced car crash attorney for guidance. That being said, read on to learn more about sideswipe collisions and how they work. 

Questions and Topics this article can help you to answer: How is fault determined in a sideswipe accident? | Can you get whiplash from a sideswipe collision? | What are leading causes of sideswipe car accidents? | What do I do if my car gets sideswiped? | How do I find a sideswipe accident lawyer near me?

How is Fault Determined in a Sideswipe Accident? 

Fault is determined by evaluating what is known as the chain of causation. The chain of causation is an unbroken sequence of events leading to the accident. For example, suppose that you are sideswiped by a car and get injured. 

You might think that the other driver is at fault for the accident. However, your attorney investigates and discovers that the other driver was actually pushed into your car by another car, that rear-ended him. This forced the sideswipe to occur. Under these circumstances, fault would be linked to the driver who rear-ended the other driver. 

Can You Get Whiplash from a Sideswipe? 

Yes, absolutely. It’s quite common for the victims in a sideswipe collision to suffer whiplash injuries. Sideswipe collision victims often sustain two sets of injuries, from the initial impact and from subsequent impacts. The sudden shifts in direction due to multiple impacts can cause severe whiplash. 

Other possibilities for physical trauma include:  

  • Head trauma 
  • Spinal cord trauma, including bulging discs and paralysis 
  • Burn injuries 
  • Internal bleeding 
  • Bone fractures 
  • Organ damage 
  • Neck and shoulder injuries 
  • Punctures 
  • Lacerations 
  • And more 

What are Common Causes of Sideswipe Collisions? 

There are a variety of factors that contribute to sideswipe accidents. In nearly every situation, the accident could have been prevented. Prevention means paying attention to the road at all times, and avoiding any unnecessary distractions. Take a cautious approach. Give space to other vehicles, even if you have right-of-way.

The most common factors influencing sideswipe collisions include:

  • Distracted driving
  • Driving under the influence of alcohol or drugs
  • Driving while fatigued
  • Aggressive driving
  • And more.

4 Leading Causes of Sideswipe Car Accidents

These factors simply contribute to the risk, however. Sideswipe accidents actually occur due to the following failures:

  • Merging
  • Speeding
  • Changing Lanes
  • Road Rage

Merging 

Say a driver is merging onto the highway from an off-ramp but fails to gauge the distance between themselves and other cars correctly. This driver tries to get into the nearest lane of traffic quickly, causing them to sideswipe another car. Merging can also be a danger when merging from rest. Sideswipe parked car accidents are very common, as drivers are often not fully attentive when they get back into their car. 

Speeding 

Perhaps a driver speeds because they are under the influence of a controlled substance or because they are late to a meeting and trying to make up time. As they navigate between cars, the driver can accidentally drive over their lane’s lines and sideswipe one or several vehicles. Trying to speed around sharp curves can also cause sideswipe issues.  

Changing Lanes 

Both merging and changing lanes requires being mindful of cars and trucks that are close by. If a driver changes lanes without being mindful of surrounding vehicles and how fast they are going, a sideswipe accident can occur. In some instances, the offending driver might not see the person they hit if the driver is in a small vehicle or on a motorcycle. These operators are typically in the offending driver’s “blind spot” and said driver did not look behind them before switching lanes. 

Road Rage 

In addition to driving while distracted, intoxicated, or on drugs, some drivers are aggressive due to “road rage.” They take out their frustrations on those around them, and while such drivers usually do not intentionally try to injure others, such accidents still occur. A frustrated, aggressive driver might try to get close to another car or hit it, resulting in a sideswipe collision.  

Steps to Take After a Sideswipe Incident 

The first step to take following a sideswipe accident is for the driver to ensure they and their passengers are okay. If anyone in the vehicle requires emergency medical care, call 911. Once everyone has received the care they need, it is essential for the driver to report the accident to the local police, whether they believe it was intentional or not. Police officers arrive at the scene at the same time or before the EMTs to take statements and create a detailed report.  

The accident must also be reported to the driver’s insurance company, with carriers requiring copies of the medical and police reports for evidence purposes. Do not engage insurers without an attorney, however, as they will use the opportunity to undermine your claims. This is absolutely critical to understand. 

Speak with an attorney as soon as possible. Your attorney will explain your legal rights and help you identify next steps. If possible, the attorney will file a claim on your behalf, requesting damages that compensate you for your injuries and other losses. 

They will also take steps to begin negotiations with the opposition, in the hopes of securing a favorable sideswipe accident settlement. That being said, it is rare for a sideswipe collision or any vehicular accident to go to trial.  If the defendant is hostile, difficult, or refuses to pay out a fair settlement, the case will have to be decided in court.  

Contact an Experienced Car Accident Attorney Today 

If you were recently in a sideswipe accident, it’s important to seek legal assistance as soon as possible. Call 1-800-THE-LAW2 today to discuss your case in detail with an experienced car accident attorney. Consultation is free and no-commitment, so there’s no downside in picking up the phone and having a conversation with one of our attorneys! 

Frequently Asked Questions About Sideswipe Accidents

How can I tell who sideswiped who and which car is at fault?

Fault is determined by evaluating what is known as the chain of causation. We explain chain of causation in more details here: How fault is determined in a sideswipe accident.

What is a sideswipe collision or accident?

What happens in a sideswipe car accident is that two vehicles collide, both at a side-angle. This definition, or meaning, includes two types of collisions. When the vehicles are traveling in the same direction and when they’re traveling in the opposite direction. The dangers are severe in both scenarios. 

In a sideswipe same direction collision, for example, a sideswipe can push a vehicle quite a bit off-course. This often happens in situations where one or both of the vehicles is moving past the speed limit. This can cause severe injuries from the vehicles spinning out and having a second collision, with a tree or other hazard, or even another vehicle. 

Why are sideswipe accidents dangerous?

Sideswipe accidents are so dangerous due to the forceful impact of two cars hitting each other from the side angle. Car doors have fewer protections against impact, as the material does not crumple into itself. Instead, any impact tends to injure the person in the seat next to the door. 

For answers to more frequently asked questions about car accidents and personal injury, visit our FAQs page.

How Long After an Accident Can You File a Claim?

After a car accident, chances are that you’re feeling confused, frustrated, and anxious about having to file a claim. It makes sense that you’d feel this way. You’re not only recovering from the trauma of the accident, but there may also be complicated legal and financial issues. Whether your accident occurred in Texas, California, or elsewhere, it is essential to learn claim filing deadlines. 

Ready to speak to an attorney? Call us at 1-800-THE-LAW2 to connect to an experienced car accident attorney in our network. Consultation is free and confidential, so there’s no downside to contacting us for a case evaluation. Of course, right now you may just want to know about the legal deadlines affecting your claim. Let’s take a closer look at the deadlines and how they work. 

Questions that this article will help you to answer: Do you have to file an accident claim? | How long after an accident can you file a claim? | What are the statute of limitations for filing a claim in California? | What are the Statute of Limitations in Texas for filing auto accident claims? | What do you need to start a claim?

Do You Have to File a Claim After an Accident?  

If you’re in a car accident, you don’t have to file a claim for damages. It’s not required that you do so. Still, if you sustained losses, whether property damage, medical expenses, lost wages, pain and suffering, or something else, the law might entitle you to compensation. As such, it is sensible under those circumstances to sue for damages. 

Many of you are probably concerned as to whether you even have a legal claim for damages. Too often, injury victims don’t pursue compensation, even though they would be entitled to do so under the law. There are a variety of reasons: negative perception of lawsuits, concern that litigation is expensive, and the time demands of litigation. 

Don’t worry. Many of these concerns aren’t as serious as you might think. We encourage you to speak to an attorney for guidance. The experienced car accident attorneys in our network offer free consultations, and will help you identify whether your legal claim is actionable. 

If you do decide to move forward with an attorney in our network, know that representation is on a contingency basis. In other words, they don’t get paid until you do. So you essentially don’t pay ANYTHING out of pocket to litigate your case. If you secure compensation, then they take a percentage cut of your winnings. 

Car Insurance Claim Time Limits

With an attorney, you can sit back and relax, and have them handle every aspect of your claim. It sounds great, but you must seek legal assistance ASAP. Delaying too long can cause problems in ALL states. As a reference example, we’ll run through the deadline issue in two large states: Texas and California. Just know that, even if your case is in a different state, the same basic principles will apply. 

Texas Statute of Limitations For Car Accident Claims

How long do you have to file an insurance claim in Texas? Car accidents fall under the personal injury umbrella. According to the Texas Civil Practice & Remedies Code section 16.003, a personal injury plaintiff has two years from the date of the accident to file a claim. The statute of limitations applies to injuries caused by negligence, intentional actions, and wrongful death cases. If you file after the two-year deadline has passed, the case is dismissed and there is no opportunity to collect damages, such as:  

  • Medical expenses 
  • Physical and occupational therapy 
  • Prescription medication 
  • Trauma counseling 
  • Lost wages 
  • Reduced earning capacity 
  • Pain and suffering 
  • Mental anguish 
  • Emotional distress 

Texas courts honor specific exceptions to the filing deadline. One exception is if the plaintiff is currently of unsound mind or is a minor. According to Texas Civil Practice & Remedies Code section 16.001, the clock starts running when the person is either deemed mentally sound or turns 18. The other exception is when the defendant in the car accident or other personal injury case leaves the state. As per Texas Civil Practice & Remedies Code section 16.063, the clock starts when the defendant returns.  

California Statute of Limitations For Car Accident Claims

How long do you have to file an insurance claim in California? In California, car accident plaintiffs have two years from the date of their accidents to file legal claims. According to California Code of Civil Procedure section 335.1, the statute of limitations applies to negligent and wrongful acts, including those resulting in untimely deaths. If the filing concerns vehicular damage exclusively, the statute of limitations is three years from the date of the incident.  

Sometimes, car accidents involve government vehicles, such as city buses. In these instances, plaintiffs have six months to file a legal claim against the local government or municipality. There are also additional procedural issues that you’ll have to keep in mind. If you’ve delayed, however, don’t worry. There are several exceptions to the California deadlines. 

Exceptions to the Statute of Limitations in California

In the state of California, if the injured victim is a minor, the statute of limitations does not begin until their 18th birthday. If the injured victim is incapacitated, unconscious, or incapable of sound judgment, the clock doesn’t start to count down until the person is deemed mentally fit. Other exceptions include unavailable defendants, such as those who have left the state or are in prison. Bankrupt defendants may also qualify for an exception, as courts do not move forward with claims until bankruptcy processes are complete.  

The Claims Process

To begin the process of filing a claim after a car accident, you’ll want to have some initial documentation ready. For example, make sure to obtain copies of the medical and police reports. Submitting evidence as soon as possible after the accident increases the likelihood that you’ll receive timely compensation. In many cases, it’s possible to settle claims early and sidestep the uncertainty of trial litigation.  

Don’t do any of this on your own. That’s a recipe for disaster. Instead, consult a car accident attorney who can help you navigate the claims process and will represent your interests at every stage. They will also serve as a repository of knowledge, answering any questions you might have. Your attorney has a duty to handle your case in a timely manner. They are required by law to move forward with your claims before the statute of limitations expires. If you hire an attorney, you’re safe from any future procedural hiccup. 

Consult a Car Accident Attorney who can help you navigate the claims process and will represent your interests at every stage.

Call a Trusted Car Accident Attorney Today

If you need to file a car accident claim, get started today. Depending on the nature of the accident, it may be possible to secure compensation to cover medical expenses and lost wages, among many other losses. Call 1-800-THE-LAW2 today to discuss your case in detail with an experienced car accident lawyer. Consultation is free, so don’t delay!

FAQs – How Long After an Accident Can You File a Claim

How Long After an Accident Do You Have to File a Claim? 

There is a deadline that applies to every claim, known as the statute of limitations. If you do not file your claim before its statute of limitations period runs out, then courts will automatically dismiss the claim later. This can prevent you from securing any compensation. 

Bear in mind that the statute of limitations varies depending on the type of claim, and the jurisdiction in which you’re filing the claim. Negligence claims in California have a two-year deadline, for example. The same negligence claims in New York have a three-year deadline! Attorneys can help you make sense of all the complexity.

If I Go to the Hospital After a Car Accident, Who Pays?

There are several different possibilities. 1) if you have health insurance, your provider may cover the bills; 2) if you have auto insurance, you could submit a claim and try to get the provider to cover the bills; and 3) if you don’t have insurance, or if your providers are refusing to cover the costs, your attorney can get you connected to medical providers who will bill you on a contingency basis. 

What does payment on a contingency basis mean? It’s actually very useful, and not too complicated. Basically, it means that the medical provider agrees to provide care temporarily, at no cost. They will be paid later, if and when you secure compensation in your case. 

Do You Have to File a Claim After an Accident? 

You don’t have to file a legal claim after you’ve been in an accident. It’s not required by law that you pursue compensation, but if you want to secure compensation for your injuries, then it’s a strategic necessity. Be aware that there is a deadline for how long you can wait before filing a claim. This is known as the statute of limitations period. 

As for insurers, every state and policy is different. Some states, like Nevada, require that you notify the insurer immediately after an accident. Some policies require that you begin the claim procedure within 24 hours of the accident. Just don’t move forward until you’ve spoken with an attorney, as the provider could deny or undervalue your claim. 

How Long Can a Car Insurance Claim Stay Open? 

Car insurance claim regulations vary from state to state. There is no universal rule. In California, for example, a car insurance claim can stay open for up to 40 days. During this time, the provider determines whether to accept the claim. Once they make that determination, the claim stays open for another 30 days so that settlement can occur.

How Long After a Car Accident Can You Go to the Hospital?

You should go to the hospital as soon as possible after a car accident so that a physician can evaluate you and determine whether and how you’ve been injured. If you have been injured, this provides a record for evidence. Then, you can be put on a treatment plan and you’ll have a clear understanding of what sort of losses you suffered physically. 

You can go to the hospital after any amount of time after the car accident, to resolve any continuing issues or to identify new ones. It’s not uncommon to discover that you have hidden injuries even years down the line. Some injuries don’t appear until much later, as they’re not obvious in the initial stages. 

How Long Does it Take to Get a Settlement Check After a Car Accident?

Whether you get a settlement check depends on the defendant’s hostility. It also depends on the negotiation strategy employed by your attorney. In some cases, the defendant will push back hard and refuse to offer a fair settlement. You may be forced to keep plugging away at the case, potentially even threatening trial litigation. As such, the timeline for getting a settlement can vary enormously. It can take anywhere from a few weeks, to a year or more. 

Can You File a Claim Right After Getting Insurance? 

You can file a claim as soon as your insurance policy has become active. Do bear in mind that policies can differ quite a bit, so be sure to evaluate yours thoroughly. This is important, as your policy coverage may contain restrictions that are not considered standard. 

Why You Need a Lawyer Even if Your Case is Going to Settle | Injury Accident Lawyers

Many injury victims mistakenly believe that the at-fault party’s insurance company will take care of them, no fuss required. Sadly, this doesn’t usually happen. Insurance companies are for profit. They are in business to make money. If they paid everyone fairly for their claims, their profits would go down. In fact, insurance companies are notorious for engaging in manipulative strategies to avoid having to pay injured parties. 

What Can Claimants Do to Fight for Fair Compensation? 

The best decision you can make is to hire an experienced personal injury attorney. Even if you think that your case will conclude in an “easy settlement,” you still need the knowledge and skillset of a personal injury attorney to maximize the settlement amount.  

Why Do You Need a Lawyer? 

You’re not a trained attorney. That means you don’t know the ins-and-outs of detailed court procedures, let alone have the strategic experience to understand how to properly interrogate witnesses and present evidence in court. 

In fact, this depth of knowledge is considered so crucial, that American courts discourage claimants from moving forward without an attorney. It’s a choice that you’re legally allowed to make, but a foolish one – like swallowing a tube of poison to test whether it will harm you. 

Take the time to heal and recover from your injuries. Focus on your recovery. Do not concern yourself with things that are beyond your experience and training. Unless you’re a personal injury attorney yourself, you simply don’t know how to negotiate a settlement with a hostile insurance company, for example. 

What Are the Responsibilities of Personal Injury Lawyers?

The responsibilities of personal injury attorneys include: 

  • Investigate your injuries and how they happened 
  • Identify the liable parties—if there is more than one, this can maximize your compensation 
  • Hold the right parties accountable for your damages 
  • Collect evidence  
  • Research all applicable insurance policies 
  • Protect you from falling victim to the insurance company’s tactics 
  • Ensure all your damages are accounted for within your demand for compensation 
  • Prepare your case for trial if you don’t receive a reasonable settlement offer  
  • Represent you at trial, if you decide to take your claim to trial

Is it Better to Settle or Go to Trial? 

In general, an out of court settlement is preferable to going to trial. There are many benefits for both parties if they can agree to settle out of court. 

These benefits include: 

  • Decreased cost overall—it’s more expensive to go to court 
  • Decreased time to resolve the claim—you don’t have to prepare for trial and wait for a court date 
  • More control over the resolution of the claim—you aren’t putting the fate of your case in the hands of a judge or jury 

Injured parties can also avoid the hassle and anxiety of going before a judge and jury, while insurance companies, and sometimes clients, can preserve their reputation by not having the ordeal on a permanent and public court record. Most cases end in a settlement, due to a combination of these benefits.  

That being said, skilled attorneys understand that part of getting a “high” settlement is being ready and able to go to trial, if necessary. The threat of a trial has to be there to maximize the settlement amount. 

The Settlement Negotiation Process 

During the settlement negotiation, your attorney will be deeply familiar with the strengths and weaknesses of your claim. Typically, settlement negotiations begin after your attorney sends an initial demand letter to the at-fault party or their insurance company. This letter describes in detail:

  • What happened
  • Why you deserve compensation
  • Wow much you are requesting
  • And why  

Once the insurance company or their attorney receives this settlement demand letter, they will reach out to your personal injury attorney and make a counteroffer to the demand letter. This usually begins settlement negotiations. The negotiations can happen in person, at scheduled meetings, over the phone, or via email. The negotiation process can last days, weeks, months, or even longer. It varies from case to case.  

It’s your injury attorney’s responsibility to present you with the personal injury settlement offers, and to provide you with legal advice as to whether it’s an acceptable offer. In the end, YOU are the one who gets to decide if a personal injury settlement offer is acceptable. In the event that you do not receive any acceptable settlement offers, you can elect to move forward towards court litigation. 

Do bear in mind that accident settlements can be reached even after the trial starts. If you do agree to a settlement, you are required to sign a form agreeing not to pursue accident compensation for the same reason, and sometimes, to refrain from disclosing the details of the settlement.  

What Happens at a Settlement Meeting? 

Attorneys generally work through the negotiation process themselves. Usually, your attorney will ask for a settlement amount close to what was initially demanded. The defending party will likely point out a few weaknesses in your case and make a counteroffer. Your accident attorney will then point out weaknesses in their arguments, and will serve up another counteroffer. This offer-counteroffer dynamic will go back and forth until their efforts are exhausted or they reach an agreement for the value of your personal injury claim. Your attorney will let you know when it might be a good idea to accept a settlement offer.  

Speak with an Injury Lawyer Today 

Insurance companies know that claimants with legal representation are serious about getting the compensation they deserve for their injuries. They also know that personal injury lawyers know the true value of their client’s injury claim, so presenting a lowball offer won’t work. So you can increase your chances of a full and fair accident settlement by relying on an experienced personal injury attorney to represent your case. 

Call us at 1-800-THE-LAW2 or fill out our form to get connected to a qualified attorney in your area in just 10 minutes or less. Legal consultation is free, so don’t delay!

How Much Can Someone Sue for a Car Accident? | Lawyers for Car Accidents

Questions this article can help to answer: How much can someone sue for in a car accident? | What is your accident claim worth? | What is the difference between economic damages and non-economic damages? | How much does it cost to sue someone? | Why is my car accident settlement taking so long? | How long does a car accident settlement take? 

Despite safe driving campaigns and the introduction of new safety features, car accidents still occur at an alarming rate. These accidents can vary quite a bit. Some cause little to no injury, while others can lead to life altering injuries. Regardless of the extent of your injuries, you may wonder: “how much money can I sue for in a car accident?” 

We understand. You deserve to be compensated for losses you suffered after an accident. Until you speak to an experienced car accidents attorney, there is no “simple” answer. An accident attorney will listen to the factual narrative, then be able to piece together an estimation of the monetary potential in your case. 

How Much Can Someone Sue for in a Car Accident? 

There really is no limit to how much money you can recover in an auto accident lawsuit. However, that doesn’t mean that you will get as much as you ask. In all accident lawsuits, to secure compensation, you have to be able to prove your damages. If you cannot introduce evidence that supports your argument, you will not get the compensation you seek. 

Proving damages in a car accident case can be difficult, which is why injury victims turn to experienced car accident attorneys for help. Skilled traffic accident lawyers know how to identify all the damages, and also how to assess their true value. Then, to prove those damages, they take steps to gather sufficient evidence. 

Typical Car Accident Settlement Amounts

Car accident settlement amounts depend on many other factors: 

  • What area of the country you are located in  
  • The insurance policies involved and their coverage limits 
  • The assets of the person responsible for your accident 

What is Your Claim Worth? 

The value of your auto accident claim derives from your damages. Most car accident injury victims have both economic and non-economic damages that make up the value of their accident claim.  

Assessing Economic Vs. Non-Economic Damages

What Are Examples of Economic Damages?

Economic damages include: 

  • Lost wages and income 
  • Medical bills and expenses 
  • Property damage 

Economic damages are worth their face value. They are also relatively easy to establish with documentation such as estimates, bills, and receipts. 

What Are Non-Economic Damages?

On the other hand, non-economic damages are quite subjective, don’t have a face value, and lack much evidence other than possible witness testimony. Their value is typically based on the value of your economic damages in some way, such as using a multiplier related to the severity of the injuries suffered. 

What Are Examples of Non-Economic Damages?

Non-economic damages include: 

  • Pain and suffering 
  • Loss of enjoyment of life 
  • Loss of consortium 
  • Scarring and disfigurement  
  • Humiliation 
  • Mental anguish 

How Much Does it Cost to Sue Someone? 

Nothing. 

Zilch. 

Zero. 

NO OUT OF POCKET COSTS. 

That’s right. Experienced car accident attorneys typically work on contingency. What does that mean? That means that you only pay them if, and when, you win compensation in the case. They’ll take a percentage cut of the total compensation, anywhere from 25 to 40 percent, usually. This makes legal assistance extremely accessible in a car accident dispute. You don’t have to pay anything unless you win. And even when you do win, you only pay out of the money that your car accidents attorney has won for you. Really, it’s a win-win situation. 

Why Is My Car Accident Settlement Taking So Long?

Unfortunately, it can be tricky to determine precisely how long a car accident settlement will take to resolve. The person who can best answer this question is your own attorney, as they will know all the details of your case.  

How Long Does a Car Accident Settlement Take? 

Even the simplest of car accident cases can be expected to take several weeks or even months. Complex cases, such as those with multiple at fault parties, victims, or catastrophic injuries, can take a year, or more. That being said, in cases where fault is abundantly clear, a settlement can happen rather quickly. To expedite this process, contact an attorney as soon as you can after realizing you have sustained injuries in a car accident. Being cooperative with your attorney will help speed it along, too.  

Are You Ready to Talk to an Experienced Car Accident Lawyer About Your Claim? 

If you have questions about a potential car accident claim or are ready to secure legal help, call 1-800-THE-LAW2 or complete the form below. Consultation is free, and you’ll get connected to a qualified attorney near you in 10 minutes or less. Don’t delay! Get the help you need. 

How to Choose the Right Accident Lawyer for Your Claim | Accident Attorneys Near You

Topics and questions this article covers are: What does a car accident lawyer do? | How do I find the right, or best car accident lawyer near me? | What are the qualities of the best car accident lawyers? | How do I easily connect with a car accident lawyer near me?

Being in a car accident can make you feel like your life is in a tailspin, but when you hire an experienced car accident lawyer, you’ll have an advocate and guide through these difficult times. It can, in turn, make the situation much easier to manage. You might have lingering pain and need to seek continued medical care. You might not be sure how to take care of all of your bills, get your car fixed, and all the logistics that come in the aftermath of the motor vehicle collision. It’s easy to get overwhelmed. But how do you choose the “right” lawyer?  Let’s take a peek. 

What Does a Car Accident Lawyer Do? 

A knowledgeable car accident lawyer has a variety of responsibilities, and their skillset empowers your claim in a number of different ways. Their main responsibility, however, shift the burden off your shoulders and to secure a win, and in doing so, maximize your compensation. 

Car accident lawyers can do the following: 

  • Explain your legal rights and options and provide legal advice in plain language so you can understand 
  • Determine the value of your case 
  • Develop a persuasive legal argument and present it to the other side 
  • Gather and preserve evidence to support your claim 
  • Identify every liable party 
  • Discover ALL available sources of compensation 
  • Ensure that your case is in-sync with procedural requirements 
  • Keep your case moving in a timely manner 
  • Negotiate full and fair settlements 
  • Pursue trial litigation if a settlement can’t be reached 

How Do I Find the Right Car Accident Lawyer? 

Finding the right car accident lawyer begins with searching for lawyers in your area that might be a good fit. This can be extremely difficult, however – many lawyers pay the same marketing companies to setup their websites, and it’s not clear how to differentiate between lawyer services, experience, and advantages. 

As an individual who isn’t intimately familiar with lawyering, and how to choose a lawyer, it can feel like an arbitrary, random process to choose the right lawyer by simply exploring your local options. 

We offer a great alternative. Instead of worrying about which lawyer fits your case, we do the legwork for you. Our lawyers are experienced car accident attorneys who have signed up to take on clients through our platform. They are ready and able to take on cases like yours. When you call in or complete our online form, we connect you to an experienced, skilled local attorney – you don’t have to worry about how to choose. 

What to Look for When Hiring a Car Accident Lawyer 

That being said, even after you’re connected with an attorney, you may still want to determine whether they’re the right one to move forward with. Finding the best accident lawyer for your case really requires that you know what to look for.  So here’s a few aspects to consider: 

Reputation

Were they recommended to you by someone you know? Have they been peer-reviewed? Do they have a proven track record? Are they in good standing with your state’s bar association? Have they ever been disciplined by the bar, and if so, why? 

Practice Experience

How long has the attorney been practicing personal injury law, or more specifically, representing car accident clients? Do they only focus on personal injury or car accident claims, or do they dabble in other areas of the law, too, such as criminal, family, or estate law? How many car accident clients do they represent each year? Have they handled similar cases to yours? The more time they have spent focused on personal injury law, especially in car accidents, the better.  

Fee Arrangements

Will they charge a contingency fee or an hourly rate? How much will they charge for legal services? Most personal injury attorneys work under contingency fee arrangements, meaning you pay nothing unless or until they obtain compensation in your case. 

Communication Style and Personality

Do you feel comfortable speaking with them? How do they communicate with clients—phone, email, text? How quickly do they generally get back to clients? Do they have the time to personally handle your case now? Can you see yourself working with them for at least several months or not a year or more? Do you feel understood by them? Do they seem particularly rushed? 

Strategy

What do they see as the best strategy in your case? What do they believe are the strengths and weaknesses in your case? Do they have the professional connections and resources to manage your case? 

Characteristics of an Excellent Car Accident Attorney 

It’s also crucial to look for people-skills in a car accident lawyer. Some may be more important to you than others, but in general, an excellent car accident attorney will: 

  • Be compassionate and seem genuinely concerned about your situation 
  • Be patient in negotiations 
  • Be easily understood as they are an excellent communicator 
  • Be passionate and driven to obtain financial compensation for your claim 
  • Have extensive knowledge of personal injury law 
  • Have a successful professional record 
  • Provide clear guidance 
  • Be willing to build relationships with clients 
  • Work to understand your goals for your case 
  • Upon their legal advice, allow you to decide whether to settle your claim or proceed to trial 

You may not be able to observe all of these qualities when meeting with them. However, looking at Google reviews or reviews on their website or social media can help you get a feel for the type of attorney they are and could be for you. 

Are You Looking for the Best Car Accident Attorney? 

If you are looking for the best auto accident attorney to help with your claim, look no further – you’ve come to the right place. Call us at 1-800-THE-LAW2 or complete the form below.  We’ll get you connected to a reputable car accident attorney in just 10 minutes or less. Consultation is free, so don’t delay! Get your claim started today so you can get the compensation you deserve for your car accident. 

Should I Wait to Call a Lawyer for Car Accidents? | Auto Accident Attorney

If you suffered harm due to the negligence or carelessness of another driver, you may wonder: “should I contact a lawyer after a car accident?” The answer is an unequivocal yes. 

Motor vehicle accidents continue to plague the United States, many experts consider it a full-blown public health crisis. Recent data shows that over 46,000 individuals lose their lives every year in motor vehicle accidents in the US alone. In addition, more than 4.4 million are injured seriously enough that they need emergency medical attention. Also, the overall economic impact of road crashes comes at a $871 billion cost, with more than $380 million in direct medical costs. 

If you have injuries from a motor vehicle accident, you are not alone. Many, many others have gone through the same issues, or are currently navigating similar circumstances. 

Should I Contact a Lawyer After a Car Accident?  

You should absolutely contact a lawyer after a car accident, if even for a simple case evaluation. It is the most important thing you can do, and it comes at no out of pocket cost, or commitment. 

See, most car accident attorneys offer free initial consultations. During this consultation, they will assess the accident, and your injuries, to determine whether you have a valid accident claim. They’ll also provide some helpful guidance on next steps. If you feel that they are a “good fit,” you can move forward with them, then agree to have them represent you in litigation. 

Either way, you have nothing to lose by reaching out to schedule a consultation to discuss your situation. 

When Should You Contact a Lawyer After a Car Accident?   

You should call a lawyer as soon as possible after a car accident. In fact, they should be one of your first phone calls. Here are a few reasons why: 

Statute of Limitations

Every state has a personal injury statute of limitations. This is a deadline that mandates how long you have to file a personal injury lawsuit after a car accident. In some states, it is as short as a year or two. It can be even shorter if your injury claim is against a government entity. Keep in mind that your auto accident attorney will need time to work on your legal case before they can file a personal injury lawsuit. Therefore, the sooner you contact them, the better. They will know what statute of limitations apply to your accident case to keep it moving in a timely manner.  

Maximizing Claim Value

What are 4 insurance company tricks that get car accident victims to settle for less?

Car accident insurance adjustors have a habit of reaching out to injured claimants shortly after they file a legal claim. This is no mistake; they want to talk to them about a settlement while the getting is good. At this stage, most injured parties haven’t yet contacted a lawyer for car accidents to find out what their claim is really worth. When they receive a call from an insurance adjuster already offering a settlement, they might be happy to receive it so quickly. They might accept the settlement offer, not yet knowing their personal injury claim might be worth much more. The sooner you contact a personal injury lawyer, the sooner you will know the actual value of your accident claim and not fall for lowball settlement offers. 

Protecting You From Insurance Company Tactics

Insurance companies use many tactics to avoid paying claims or the full value of the claims they receive. When you speak directly with them, you leave yourself open to more of their tactics. For example, they might twist what you say. If they call you and ask how you are doing today, you might answer, “Fine.” This doesn’t mean you are healed from your injuries and living your life as usual; it just means you are fine. However, they will use something as simple as that to their advantage, arguing that you must not have significant injuries or that you are already healed since you said you were fine. Insurance adjustors might also ask for recorded statements that they can use against you. You have the right to refuse to give such a statement. When you hire a car accident attorney, you no longer need to have direct contact with the insurance company. If the insurance company needs to speak to you, your lawyer will be present to protect your rights.  

How Much Does a Car Accident Lawyer Cost? 

How much does a car accident attorney cost out of pocket?

Most lawyers for car accidents work on contingency, which means that they don’t get paid until and unless they obtain compensation on your behalf. Simply put: they only get paid if you do. 

If and when they reach a settlement or receive a court award on your behalf, they take a percentage cut of the winnings. This can vary from 25 to 40 percent, depending on a number of different factors. 

In the vast majority of cases, victims obtain significantly more compensation than they would if they handed their cases themselves. Hiring a lawyer for car accidents is a good investment, and it’s a “free” investment, too. 

Find the Best Car Accident Lawyer Near You

If you need to find the best car accident lawyer near you, you have come to the right place. Simply call us at 1-800-THE-LAW2 or complete our form to get connected to a licensed attorney in your area in just 10 minutes or less. Consultation is free, so don’t delay! 

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