What is Considered a Hit and Run?

A hit and run, by definition, is a car accident where a vehicle hits a person, object, or other vehicle, then, the driver flees the scene without providing their information. This leaves victims without any way to get compensation or medical help.

What are the Penalties of a Hit and Run Case?

The severity of penalties in a hit-and-run case hinges on the extent of the damage or injuries caused. Generally, you can expect the penalties to fall into one of these categories: Misdemeanor: This applies to cases involving property damage only, with no injuries. Fines can reach up to $1,000 and there is a potential jail time of up to one year, depending on the state. Felony: If the hit-and-run incident results in serious injuries or fatalities, it becomes a felony, carrying much stricter penalties. This could include fines up to $20,000, up to one year in jail, and license revocation.

How to Talk to an Insurance Claims Adjuster After an Accident

If you’ve been injured in a serious motor vehicle accident, then you could be entitled to compensation — whether you are attempting to receive the payout after dealing with insurance claims adjusters, or litigating the claim through the court. Navigating these processes isn’t straightforward, and there are many unique challenges and opportunities that you’re likely to encounter. We encourage you to get in touch with an experienced car accident attorney.

Contact 1-800-THE-LAW2 for a free legal consultation with an attorney in our network. If you decide to move forward with the attorney, they’ll be able to speak on your behalf with the insurance claims adjuster (and anyone else) in order to help you secure compensation.

Of course, if you’d like to learn more about issues and opportunities with insurance claims and your insurance claims adjuster, then keep reading! We’ll cover some of the basics of the insurance claim process — from dealing with the insurance claims adjuster to navigating the claims submission strategically.

Insurance companies and insurance claims adjusters are not your allies.

Popular culture has taught Americans that one of the first and most important things you should do after an accident is talk to your insurance company (through the insurance claims adjuster). In fact, we’re bombarded every day with insurance ads that try to “soften” the public face of insurance, with friendly neighbors and cute cartoon geckos. Don’t be fooled. These are billions of marketing dollars at work, and the result of countless decades of political lobbying, too.

Bet you didn’t know that the insurance lobby is the largest political lobby in the United States, pumping billions straight into the pockets of your elected representatives so that they can continue to overcharge for policies, avoid transparency, and underpay claimants based on the terms of the insurance policy.

Still feel the insurer is your ally? Consider this.

Insurance companies improve their profit margins when they deny “edge case” claims and underpay legitimate claims. As publicly traded corporations, they have a legal duty to maximize their profits for their shareholders. To put it simply: they can and should do everything in their power to avoid paying you out for your claims, so long as they don’t violate your rights.

Unlike insurance company adjusters, public adjusters work directly on behalf of policyholders to assist in filing insurance claims, especially when settlement offers from insurers seem inadequate.

Now, it’s your responsibility to protect yourself. You have to understand and accept that the insurance company’s incentives are completely in opposition to your own — while you want to receive the maximum possible payout, they want to minimize your payout. It makes absolutely zero sense to “work with them” as though they’re your ally.

Instead, your focus should be on working with an attorney who can help you submit your claims and communicate your expectations effectively.

Why you’ll want an attorney to talk to your insurance company after a car accident

To maximize the profits of the insurance company, the job duties of insurance adjusters include speaking to claimants after a car accident in such a way as to obtain as much sensitive information as possible.

To become an insurance adjuster, one must pass a licensing exam, which is a crucial step in obtaining the requisite qualifications.

Unless you’re a lawyer, you might not realize that innocuous questions like “are you okay” could be used to later undermine your damages claims — after all, if you tell the insurance adjuster that you’re “fine” after the accident, even if you only meant to say it offhand in casual parlance, it may be used to argue that you were not actually suffering serious injuries after the car crash.

These innocuous statements — and more — can and will be used against you. The insurance adjuster is waiting to record each and every one of these slip-ups, which they will later use to deny your claim outright or to underpay you.

Avoid these concerns by having your attorney speak to the insurer instead. They’ll be able to communicate effectively without making sensitive disclosures that could otherwise harm your claims.

But what if I have to talk to insurance? What should I avoid saying?

If you absolutely have to talk to the insurance provider, then here are a few things you should avoid disclosing:

Avoid any admissions of guilt, or apologies for the things that occurred
Avoid any discussion about whether you were partially at-fault for the accident (i.e., you were distracted, speeding, or perhaps not wearing a seatbelt)
Avoid any detailed discussions about how the crash occurred
Do not discuss your medical details after the accident
Do not discuss any communications that you may have had with attorneys

Claims adjusters work to gather information that can be used to minimize the payout on your claim. But even keeping these aspects in mind, you’re likely to make an inadvertent disclosure that could harm your claims — that’s why it’s so critical that you consult with an experienced personal injury attorney first.

Don’t assume that your claim is weak just because there are complications

Insurance companies have a tendency to convince claimants that their claims are “weak” and poorly supported by the evidence — but now you know that insurers are incentivized to make you feel that way. They actively benefit when they can convince a legitimate claimant to simply give up on pursuing their claims.

Claims related to natural disasters, for example, can be particularly complex but are often valid and worth pursuing.

Car accident claims are not always straightforward. What you may initially perceive to be a faulty claim (i.e., perhaps you weren’t wearing a seatbelt, perhaps you were speeding at the time of the accident, or perhaps there was significant property damage), could still lead to a recovery in litigation, depending on the state law that applies.

Instead of making assumptions about your claims’ value and “worthiness,” we encourage you to speak to a qualified personal injury attorney. They’ll be able to evaluate your claim more precisely, and identify potential avenues for recovery and legal argument that sidestep some of the issues.

Hiring a car accident attorney doesn’t have to cost you anything out-of-pocket

Many people mistakenly believe that hiring a personal injury lawyer (which includes car accident lawyers) is a costly endeavor that is only available to the wealthy. Similar to the misconception that only full-time employees receive health insurance benefits, this is a common misperception.

In reality, most personal injury lawyers work on a contingency fee basis, so they don’t cost anything upfront or out-of-pocket. Instead, they offer legal representation in exchange for a percentage cut of whatever compensation they’re able to secure on the client’s behalf (this percentage cut can range from 25 percent to 40 percent or more, depending on the negotiated fees).

The car accident lawyer only gets paid if they “win” your compensation. If they don’t win, you don’t have to pay. This takes an enormous financial burden off of the client. You either walk away with a payout, or you walk away without having to pay any attorney fees — this substantially reduces the risk of litigating your personal injury claims.

Best of all, contingency fee arrangements align the incentives of the attorney with the client. They are incentivized to work efficiently to maximize compensation. After all, the more you get paid, the more they get paid!

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

If you’ve been injured in a car accident (or any other type of motor vehicle accident), then you could be entitled to compensation under the law. As you explore the possibility of a lawsuit, you may be feeling somewhat overwhelmed or confused — that’s totally normal! The legal process can be quite complicated, and there are many nuances and issues that can impact your dispute. As such, it’s important that you connect with an experienced car accident attorney who can help you understand how best to proceed.

Contact 1-800-THE-LAW2 for a free consultation with a qualified local car accident lawyer in our network. Our network of attorneys includes highly qualified professionals, many of whom have advanced degrees and certifications beyond the basic requirement of a high school diploma. During this initial consultation, you’ll have the opportunity to discuss the details of your case and learn more about your strategic options.

We look forward to assisting you.

What To Do After a Car Accident That’s Not Your Fault

If you’ve been injured in a car accident that’s not your fault, then you may be feeling confused and lost as to what to do to secure compensation that can cover your losses. After all, a serious accident can have significant impacts on your life — you can be left without the ability to work for an extended period of time, and you may have to undergo surgery and years of painful physical therapy. Trying to navigate the legal process while dealing with these issues can feel truly overwhelming.

We encourage you to connect with an experienced personal injury lawyer in our network for guidance. Contact 1-800-THE-LAW2 for a free legal consultation.

Of course, if you’d like to learn more about car accidents first, then read on! We’ll discuss some of the basics so as to clarify things for you.

How do I know whether I have a legitimate personal injury claim?

To determine whether you have a legitimate personal injury claim after a car crash/car collision incident, you’ll have to establish the following elements:

You suffered injuries; and
Those injuries were caused by the defendant’s negligent, reckless, or intentional misconduct.

If any of these elements are missing, then you do not have a legitimate, actionable personal injury claim. For example, if you didn’t suffer any injuries/losses after a near-miss car accident, then you can’t sue the defendant for damages, even if they were negligently speeding and driving while distracted.

It’s worth noting that — while seemingly straightforward — establishing liability using these elements is the central challenge in many disputes. This is the anchor on which many defendants will launch a defense argument. As such, you’ll want to consult a qualified car accident attorney for guidance.

What steps should I take after getting into a non-fault car accident?

After a car accident that’s not your fault, you should take the following steps so as to preserve your claims and maximize the likelihood that you’ll secure compensation down the line:

Seek emergency medical assistance, if necessary. Failure to seek medical treatment in a timely manner can worsen your injuries (or result in new ones). The defendant may use this to argue that you should not be entitled to damages. So, if you have an emergency medical issue, prioritize your health first.
Take photos and videos of the accident scene and your injuries. Assuming that you can stay at the accident scene, make sure to take photos and videos to document what occurred. This will help you counter any incorrect factual narrative presented by the defendant.
File a police report. Filing a police report is crucial for documenting the incident and determining fault. It provides valuable evidence that can strengthen your insurance claims and protect your rights.
Obtain the contact information of the responsible parties, as well as any eyewitnesses. You’ll want to engage in communications (through your attorney) with these parties later on, so don’t forget to do this!
Avoid talking to third-parties until you’ve spoken to an attorney. It’s easy to slip up and make sensitive disclosures to insurance companies (whether it’s your own insurance company or the other driver’s insurance company) after an accident. These disclosures could undermine your claims and affect your ability to be compensated for your car accident injuries.
Consult an attorney about what happened as soon as possible. Attorneys are not just courtroom advocates — their responsibilities and skills extend from beginning-to-end of the dispute process, including right after an accident. They can help you identify and preserve relevant evidence, handle communications with hostile parties (such as the at-fault driver’s insurer), and secure the treatment and medical procedures that you need (while keeping copious records of such).

Will an accident that wasn’t my fault affect my auto insurance coverage?

In most states, the law prohibits insurance companies from increasing your insurance rates if you were not at-fault for the crash, whether or not you actually submit a car insurance claim. That being said, insurance companies are not your allies or your friends — they will work tirelessly to increase their profit margins and undermine your claims. As such, their insurance adjusters will try to get you to disclose sensitive information so that they can argue that you were actually at-fault, and thus increase your rates (and potentially deny you benefits for your car accident claim, too).

If I’m partially at-fault for the accident, how will that affect my right to compensation?

If you’re partially at-fault for your car accident (and subsequent injuries), then your right to be compensated could be affected depending on the state law that applies to your accident dispute.

In some states, a doctrine called “pure comparative fault” applies. Under pure comparative fault, you are entitled to compensation even if you are partially responsible for your own injuries. In fact, you can recover even if you are 99 percent at-fault! That being said, your recoverable damages will be reduced by the percentage of fault that you contributed — so, for example, if your damages are $100,000 and you are 60 percent at-fault, then you can recover $40,000.

In some states, a doctrine called “modified comparative fault” applies. It operates the same as pure comparative fault, with one important difference: if you are 51 percent (or more) at-fault for the accident, then you are prevented from suing for compensation entirely. So long as you are 50 percent (or less) at-fault, then you can sue for compensation, though again, your damages will be reduced appropriately.

In a minority of states, a doctrine called “strict contributory fault” applies. Under strict contributory fault, you are prevented from suing for compensation if you are even one percent at-fault. This can seem severely restrictive, but with the aid of a skilled personal injury attorney, you may be able to circumvent the restriction by arguing that your contribution of fault is not causally linked to the injuries.

What damages can I potentially claim in a car accident dispute?

In a car collision case, you can claim as damages any losses that you sustained as a result of the defendant’s negligent, reckless, or intentional misconduct. These losses can be quite varied, and include:

Lost wages
Loss of earning capacity
Medical expenses (i.e., accounting for the medical bills from comprehensive medical treatment)
Loss of property
Pain and suffering
Loss of enjoyment of life
Loss of companionship
And more

Losses differ from case-to-case, depending on the particularities of your circumstances as a car crash injury victim. For example, if you are unemployed at the time of the accident, then your lost wages claim will be near-zero. If you are gainfully employed, however, and are forced to take several months off after the accident (due to your injuries), then you wage loss claim is likely to be substantial.

As an alternative example, someone who has “fragile bones” might sustain worse injuries, and have higher medical bills, than someone who is naturally strong and resilient. But it’s not the fault of the “weaker” person that they have a natural vulnerability. Even if they’re hurt in ways that seem extravagant for a normal person, they’re still entitled to sue the at-fault driver for their damages in full! It is the at-fault driver (not the victim) who has the burden of paying out damages for the harm they cause. This is something that many people in the general public don’t understand – the law is actually written to protect victims, by providing ample opportunity to sue the at-fault driver and maximize damages.

And don’t worry about “harming” them financially – the at-fault driver’s insurance company has a legal responsibility to step in and defend them in their lawsuit. So the other driver’s insurer will have to pay out (not them, directly) if you are compensated in your car accident case. The other driver’s insurance company is responsible for paying out the compensation.

Given these variations from case-to-case, it’s critical that you work with experienced personal injury lawyers who understand how to “build up” your damages claim and develop an airtight argument for said damages.

If I have a preexisting injury, how will that impact my claim?

If you have a preexisting injury, then your claim could be strategically impacted over the course of litigation. That’s because a core element of an injury claim is “causation.” If it wasn’t the defendant’s actions that caused your injury (i.e., you already had the injury beforehand), then you can’t sue them for damages, as they aren’t responsible.

To counter this defense argument (which will very likely be made by the at-fault driver’s insurer), you’ll want to work with your attorney to speak to medical experts who can identify specific, observable differences between your preexisting injury and the new injury — they can help you demonstrate that the two injuries are distinct from one another. The at-fault driver’s insurer will likely contest claims related to preexisting injuries, making it crucial to have clear medical evidence.

That being said, even if you have the “same” injury, you can still recover damages by claiming that the defendant’s actions “worsened” your preexisting injury — you’ll be able to recover for the losses stemming from the exacerbation of the preexisting injury. For example, if you have a preexisting back injury, but it’s worsened by the defendant’s actions to the point where you can no longer work a full-time job, then you can claim additional wage loss damages.

I’m worried that I won’t be able to afford a car accident lawyer. Are they expensive?

There’s nothing to worry about — in fact, if you’ve been in a car accident that is not your fault, then you can hire legal representation for no out-of-pocket cost whatsoever. That’s because most car accident attorneys work on a contingency fee basis.

Under a contingency fee dynamic, attorneys agree to advocate on your behalf in exchange for a percentage cut of whatever compensation they secure for you. You don’t have to pay anything upfront or out-of-pocket — so you can get started without any money. That’s right, you don’t have to be rich or financially stable to afford an attorney.

The best thing about contingency fee arrangements is that they incentivize attorneys to work efficiently, and to push hard to maximize your compensation total — the more that you get paid, the more they get paid. So there’s a strong incentive for your attorney to get you paid as much as possible!

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

If you’ve been injured in a car accident that’s not your fault, then you could be entitled to sue for damages under the law. That being said, navigating a car accident dispute isn’t always straightforward or easy — unique challenges are likely to present themselves as you move forward. That’s where an experienced car accident lawyer can help.

Contact 1-800-THE-LAW2 for a free legal consultation with a skilled local car accident lawyer in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail and learn more about the next steps you should take to secure compensation. And if you decide not to continue, that’s okay, too — there’s no obligation to keep pushing ahead with your dispute (or with the network attorney). So pick up the phone and call us today to get started!

We look forward to assisting you.

What to Do After a Car Accident with No Insurance

If you’ve been in a car accident with no insurance — that is, if the driver responsible for the crash is not insured — then you may be wondering what options you have for recovering compensation. Navigating these sorts of disputes can be rather tricky, as (in order to secure the maximum amount of damages) they require that you strategically tap into different sources of compensation.

One of the significant financial implications of being in a car accident with no insurance is the burden of medical costs.

That’s why it’s so important that you work with an experienced personal injury lawyer when involved in a car accident with no insurance. Here at 1-800-THE-LAW2, we can help connect you. Contact us today to get started with a free consultation with qualified legal representation.

That being said, if you’re interested in learning a bit more, first, then read on! We’ll discuss some basic strategic issues that you’re likely to encounter as you move forward with your injury dispute.

What happens if the person who crashed into my car is an uninsured driver?

If you get into a car accident with no car insurance (i.e., the person who crashed into your car doesn’t have car insurance, or doesn’t have adequate car insurance coverage to pay out for your losses in full), then you can’t expect to receive proper compensation from a lawsuit against that individual. While most states require car insurance, there are exceptions like New Hampshire and Virginia where drivers are not legally mandated to carry car insurance. It may seem unfair, but they simply won’t have the funds necessary to cover your damages.

Instead, you’ll have to explore alternative means of securing compensation, either through accessing uninsured motorist coverage (or underinsured motorist coverage) with your own insurance company, or through suing other defendants who have the coverage/funds necessary to pay out your losses.

Uninsured / Underinsured Coverage and how it helps

If you can’t get paid in full for your losses by suing the driver responsible for the accident (and your subsequent injuries), then you can explore the possibility of accessing your own insurance coverage — specifically, uninsured motorist coverage or underinsured motorist coverage (UM/UIM).

UM/UIM is accessible when the driver responsible for your accident does not have adequate insurance to cover your losses. They might even “have” insurance, but it could be a minor policy that isn’t sufficient to pay out your damages in full. That’s where UM/UIM comes into play.

You may have a UM/UIM policy and not realize it — so consult your attorney and pore over the details of your insurance policy contract with them. There may be details that can help you strategize over how to submit the claim so as to reduce the likelihood that your insurance provider rejects the claim, or underpays you for it.

Who can you sue for damages besides the other driver?

Given that your damages will be limited if you try suing the uninsured/underinsured driver, you’ll want to explore the possibility of suing other defendants who have adequate insurance coverage and can therefore cover your losses.

These defendants may include:

The employer of the driver who caused your accident
Any other drivers who contributed to your accident
Any product manufacturers (i.e., the auto manufacturer) whose defective parts contributed to your accident
The City, if some dangerous condition of the roadway or adjacent property contributed to your accident
Private property owners, if some dangerous condition of their property contributed to your accident
Medical professionals whose negligence contributed to your injuries or otherwise exacerbated them
And more

For example, thanks to the doctrine of “vicarious liability,” you may be entitled to sue the employer of the driver who hit you — if the driver was negligent and was on the job at the time of the accident. This gives you access to a deep pockets defendant with the sort of substantial insurance coverage necessary to pay out your losses in full.

How much can I sue for medical expenses after my car accident?

After a car accident without insurance (i.e., the driver who hit you doesn’t have auto insurance coverage), you can sue for a variety of losses that you sustained as a result — and in fact, these damages apply whether or not you’ve been involved in an accident with uninsured drivers. The claimable damages cover losses that include:

Lost wages
Loss of earning capacity
Loss of property (i.e., repair and replacement costs for your vehicle)
Medical expenses (i.e., medical bills for medical treatment)
Pain and suffering
Loss of companionship
Loss of enjoyment of life
And more

Financial and legal consequences naturally follow in a bodily injury liability dispute. So yes, you can claim damages regardless of the other driver’s access to car insurance. That being said, your ability to “recover” those damages as compensation will vary depending on the car insurance coverage that they have (and the other defendants that you can sue, for example).

Insurance companies tend to be rather difficult to work with when offering payouts, so you can expect that to be its own challenge, for which you’ll want the assistance of an experienced auto accident attorney who understands how to pressure the insurance team.

What if I’m partially at-fault for the accident? Can I still be compensated?

If you’re partially at-fault for an accident, then you could potentially still be compensated depending on the state law that applies to your dispute, and the particular circumstances surrounding the accident.

Across the United States, there are three different doctrines that apply when it comes to partial fault:

Some states apply the “pure comparative fault” doctrine. Under pure comparative fault, you can be 99 percent at-fault, and still sue and recover compensation. That being said, your recovery will be reduced by your percentage contribution of fault. So, for example, if you are 70 percent at-fault, then your $100,000 damages claim will result in a $30,000 recovery.

Some states apply the “modified comparative fault” doctrine. Under modified comparative fault, you can be up to 50 percent at-fault, and still sue and recover compensation. As with pure comparative fault, your payout will be reduced by your percentage contribution of fault. Worth noting: if you’re 51 percent at-fault (or more), then you are restricted from obtaining compensation entirely.

In a small minority of states, the doctrine of “strict contributory fault” is applied. Under strict contributory fault, you cannot sue and recover compensation if you are partially at-fault for the accident — yes, even 1 percent is enough to prevent a lawsuit. Worth noting: though this can seem very restrictive, experienced attorneys understand how to navigate the challenge by exploring ways to argue about causality (i.e., that your negligence was not causally linked to the accident claim you are making).

Don’t disclose sensitive information to your insurer until you’ve spoken to an attorney

Listen: insurance companies are not your ally. That can be shocking to hear. After all, we’ve been taught — thanks to decades of advertising — that the insurance company is “like a good neighbor,” and is there to serve our needs. The truth, however, is that insurers have a set of incentives that are directly opposing yours.

Insurers make greater profits when they are able to reject claims or otherwise underpay legitimate claimants. To that end, these companies have their insurance adjusters talk to claimants after an accident in the hopes that you — the claimant — will disclose sensitive information that could be used to undermine your claim later on.

For example, if you admit to the insurance adjuster that you were speeding at the time of the accident, then that disclosure could be used to reject your claim (or underpay you), even if the nuanced reality is that your speeding had nothing to do with the actual collision (i.e., it was a side-collision accident that was not caused by you).

Instead of talking to the insurer on your own, consult a qualified personal injury lawyer who can communicate on your behalf with the insurer and their adjusters. They’ll know how to approach the discussion so as to not make any sensitive disclosures that could undermine your claims.

How much does it cost to hire a car accident lawyer to represent me?

Many people are surprised to learn that hiring a car accident lawyer doesn’t have to cost you anything upfront or out-of-pocket! In fact, most plaintiffs’-side personal injury attorneys work on a contingency fee basis. This means that they don’t get paid until (and unless) you get paid compensation. If you don’t get a payout, then you don’t have to pay them anything.

In the event that your attorney does secure compensation on your behalf, they will take a percentage cut of that — it can vary from 25 percent at the low end to 40 percent (or more) at the high end, depending on a number of different factors.

Contingency fee arrangements lower the barrier-to-entry for bringing a lawsuit. Thanks to contingency fee dynamics, you can have no money at all and still work with an experienced attorney who will fight relentlessly on your behalf. Further, these dynamics incentivize the attorney to work efficiently and effectively to maximize your total compensation — that’s because the more you get paid, the more they get paid.

It’s a win-win.

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

If you’ve been injured in a car accident with no insurance (i.e., the defendant is an uninsured driver or is an underinsured driver), then you could be facing a unique path to securing the full damages that you’re entitled to under the law. We encourage you to connect with experienced personal injury lawyers who can help you navigate these complexities.

Contact 1-800-THE-LAW for a free legal consultation with one of the skilled local car accident attorneys in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail, and to learn about the strategic options that are available to you given the circumstances. Of course, if you decide against moving forward with your case, or with our network attorney, that’s okay, too — there’s no obligation to continue. So pick up the phone and call us today to get started!

We look forward to assisting you.

Can I Sue for Being Hit by a Truck?

If you’ve been in a commercial truck accident, then you may be able to sue for being hit by a truck. That being said, the dispute may not unfold as simply as you initially think — litigation is complex, and there are many unique challenges and opportunities to be aware of as you move forward. Whether you’re looking to secure benefits from the insurance company or push ahead with a lawsuit (or both), it’s important that you consider all the strategic options for your truck accident claim.

We encourage you to consult with an experienced truck accident lawyer at an early stage in your dispute. By calling 1-800-THE-LAW2, you can connect to a personal injury lawyer in our network for a free consultation today! Of course, if you’d like to learn more about trucking accident litigation, then read on — we’ll run through some truck accident case basics.

What makes truck accidents uniquely dangerous?

Truck accidents tend to cause more severe injuries (and deaths) than other types of motor vehicle accidents, such as car accidents. It’s no surprise that attorneys encourage plaintiffs to sue for being hit by a truck — the life impacts can be substantial, after all.

Why is getting hit by a semi so dangerous? It’s actually quite simple. Large trucks tend to be more dangerous because:

They are less maneuverable, due to their weight, shape, and sightline restrictions
They take longer to come to a complete stop
The impact force of a collision is substantially higher than that of a smaller vehicle
Commercial truck drivers often have to work difficult hours and schedules, which can result in issues like fatigue, substance abuse, etc.
They are significantly bigger and heavier than passenger vehicles, leading to more severe injuries and fatalities for the passengers in cars during accidents.
And more

How do I determine whether I can sue for a truck accident claim?

Liability can be imposed if you can show:

That the defendant violated their duty of care; and
That in violating this duty of care, the defendant caused you to sustain damages.

Simple, right? Not exactly. While these basic elements cover a variety of different circumstances, they can be challenging to establish in a litigation setting. That’s because these elements tend to have subtle nuances that can lead to additional challenges.

For example, suppose that you sustain a serious back injury in a truck accident, but you have a preexisting back injury already. The defendant may attempt to argue that while they were speeding (i.e., they did violate their duty of care to others), they did not actually cause you to sustain damages, as your injuries were preexistent. Unless you can establish that your preexistent injuries are distinct, or that they were exacerbated by the accident, then the elements required for liability are not met — and this can pose a problem for the case.

Given these (and other) potential complications, it’s absolutely critical that you work with experienced personal injury lawyers who understand how to build up your case and navigate around unique challenges.

How much will you get paid if an 18 wheeler hits you?

Damages in a semi truck accident dispute change from case-to-case, and the damages that you’re entitled to recover are for claimable losses, which are quite variable. Claimable losses include:

Lost wages
Loss of earning capacity
Loss of property
Loss of companionship
Loss of enjoyment of life
Medical expenses (i.e., medical bills for medical treatment)
Pain and suffering
And more

How much you’ll “get paid” depends on the particularities of your case. For example, if you are unemployed, then your lost wages claim will be minimal to zero. On the other hand, if you are gainfully employed (and are forced to take a significant amount of time off from work after the accident), then your lost wages claim may be quite large.

How much are most truck accident settlements?

There is no set-in-stone truck accident settlement amount. A variety of factors will determine your settlement offers, though — at a foundational level — what increases the settlement amount is when you can show that you are likely to receive your claimed damages if the case were to proceed to trial.

For example, if you can introduce a strong enough legal argument and substantial enough evidence that the opposing party agrees you have an 80 percent chance of securing your claimed $100,000 damages, then an $80,000 settlement compromise would be “fair” for the case circumstances.

Factors that can influence your settlement amounts include:

The hostility of the defendant and their willingness to negotiate a settlement
The strength of your liability claim
The strength of your damages claim
How sympathetic and likable you are as a plaintiff
How sympathetic and likable the defendant is
How authoritative and legitimate your expert witnesses appear
How believable your eyewitnesses seem
How much negative publicity the defendant will face if the case moves forward
How significant the financial resources the defendant is willing to spend on the case
And more

Who can I sue for being hit by a truck?

If you’re hit by a truck, then — depending on the circumstances of your case — you can potentially sue the following defendants:

The truck driver who hit you
Any other drivers who may have contributed to the accident
The trucking company that employed the truck driver
The City, if some hazard on the roadway contributed to the accident
Any private property owner whose property hazard contributed to the accident
The auto manufacturer, if some defect of the vehicle contributed to the accident
And more

In commercial trucking accidents, one advantage is that you may be able to bring an action for damages against the trucking company that employs the truck driver. Trucking companies can be held “vicariously liable” for the negligence of their drivers, so long as the driver was working at the time of the accident.

This has a few major advantages: a) the trucking company is likely to have more significant insurance coverage, so they may be able to pay out your damages in full, and b) the brand damage of an accident lawsuit could be substantial for a trucking company, and so they may be more willing to negotiate an early settlement to avoid the publicity of a lawsuit.

How much does it cost to hire an experienced truck accident lawyer?

Though many people believe that it is too costly to hire a truck accident lawyer to handle their case (i.e., that they can’t afford to do so), this is a common misperception. In truth, most plaintiffs’-side accident attorneys offer their services on a contingency fee basis. What does this mean?

When an attorney offers their services on a contingency fee basis, they are offering to represent you (the injured plaintiff) at no upfront or out-of-pocket cost. Instead, they will take a percentage cut of whatever compensation they’re able to secure on your behalf. This percentage can range from 25 percent to 40 percent or more, depending on what you negotiate and what phase the case is in when it is resolved.

If you don’t “win” compensation, then you don’t have to pay anything. That creates a really favorable dynamic for injury victims — there’s not only a lower barrier-to-entry (since there are no costs unless you win), but there’s also incentive for the attorney to work to secure compensation on your behalf and to try and maximize that compensation. That’s because the more you get paid, the more they get paid.

It’s a win-win situation.

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

If you’ve sustained serious injuries in a truck accident, then you could be entitled to sue for being hit by a truck. After all, you may be able to secure compensation under the law — but in order to effectively pursue a claim and maximize your potential damages, you’ll want to work with experienced truck accident lawyers who understand how best to navigate the litigation process. We can help you access the necessary legal services.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury lawyer in our network who can help you explore the possibility of fair compensation for your personal injury claim. During this initial consultation, you’ll be able to discuss your truck accident claims in detail and learn more about what options you have to recover compensation. If you decide not to move forward with a truck accident lawsuit, that’s okay — there’s no obligation to continue. As such, there’s no downside to calling in to get started today.

We look forward to assisting you!

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

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

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

Given the complexities of hit and run accidents, here are some considerations to keep in mind as you proceed.

When a hit and run in a parking lot occurs, many questions arise. Does insurance cover a hit and run parked car? Will you need an accident report, and does it matter whether it’s an official accident report? What is the claims process and what does it look like? What are the implications of your parked car being hit concerning your auto insurance premium? How crucial are photos of the damage? How immediately should one report the accident to ensure full collision coverage? Comprehensive coverage is important if the damage is severe, for example, but getting insurance pay isn’t always straightforward.

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

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

What Should I Do If Someone Hits My Parked Car?

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

Initial Steps When You Discover the Damage

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

Dealing with Insurance

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

Legal Considerations

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

Preventative Measures for the Future

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

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

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

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

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

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

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

Rear End Collision Settlement: I Got Rear-Ended, How Much Money Will I Get?

If you’ve been involved in a rear-end accident, then you may be wondering about rear-end collision settlements and whether you could potentially secure a rear-end collision settlement without all the hassle and uncertainty of trial litigation for the rear-end accident. In order to navigate the legal process, however (whether you’re going to negotiate a rear-end accident settlement or push forward to trial), you’ll want to secure the assistance of a qualified personal injury attorney who can provide legal guidance and help you understand the factors influencing settlements, handle negotiations with insurance companies, and ensure you receive fair compensation for your injuries and suffering.

If you’re a car accident victim with severe injuries, it’s critical that you move forward in a timely and effective manner so that you can secure the help you need to make a full recovery — whether that’s through a car accident settlement or by pushing your personal injury case all the way through to trial.

We encourage you to contact us at 1-800-THE-LAW2 so that we can connect you for a free consultation with an experienced car accident attorney in our network (i.e., personal injury attorneys who can handle a rear-end car accident). That being said, if you’d like to learn more about rear-end collision settlements and basic personal injury law before you speak to a personal injury lawyer, then read on! We’ll explore some of the basics in this article.

Rear-end collision settlement — why is it so common?

It’s true that most rear-end accident disputes end in a settlement agreement — in fact, most personal injury cases, including those involving rear-end accidents, end in settlement. A rear-end collision settlement is extremely common. Industry observers estimate that as much as 95 percent of lawsuits are concluded through a settlement compromise.

But why?

Litigation is:

Inherently uncertain
Resource-intensive
Distracting/draining
Public
And more

Each of these aspects is sufficient to make parties prefer settlement. For example, all litigation comes with an inherent uncertainty. Even if you have a strong case, it’s not 100% certain that you will win and receive the precise damages amount that you’re requesting. Further, litigation is public, so a business defendant may not want to deal with the potential brand damage that could occur if the details of their negligence are made public through litigation.

Given these (and other) issues, most parties would rather negotiate a settlement and come to an understanding without having to navigate the complications of litigation. That being said, trial litigation is sometimes necessary to secure the compensation you deserve — as such, your experienced car accident attorney should always “prepare” for trial litigation even if the intention is to try and resolve the rear-end car accident dispute through settlement, first.

Who is usually at fault in a rear-end collision?

In a rear-end accident, the fault usually falls on the driver from the rear who collides with the driver in front of them. The reasoning for this is rather straightforward — the primary situation in which a rear-ending driver gets into a collision that’s not “their fault” is because the driver in front of them comes to a sudden and unexpected stop.

Here’s the thing, though: drivers are generally expected to leave enough space in front of them to allow them to come to a sudden stop at their current speeds. If they do not, then that could be considered a form of negligence and could result in liability.

How much injury compensation will I get?

The compensation that injury victims can claim after rear-end collisions will vary quite a bit from case to case — and given that it is so dependent on context and circumstance, there is no “certain” answer here (and that’s true when it comes to the “average settlement,” too).

That being said, in rear-end accident cases, the claimable losses that you may be able to secure compensation for include:

Lost wages/lost income
Loss of earning capacity (not present lost wages, but future lost wages measured by the discrepancy in future income)
Medical expenses (i.e., medical bills charged for medical treatment, including holistic medicine, physical therapy, pharmaceutical costs, and more)
Property loss
Pain and suffering
Loss of enjoyment of life
Loss of companionship
And more

It is important to note that car accident cases involving serious injuries may take longer to settle and often require filing a claim in state court to ensure proper compensation.

Suppose, for example, that you get into a rear-end collision that results in serious injury to your neck. You are unable to work for a year. If you’re employed at the time of the accident, then you could claim a year of wage loss — which could be substantial! If you were unemployed at the time of the accident, your wage loss claim would be zero (or close to zero). That’s an enormous difference based on one small circumstantial issue.

Given the variety of circumstances that injured plaintiffs are likely to face, it’s critical that you consult an experienced accident attorney who can account for all your losses and develop a strong strategy for securing the compensation you deserve.

Maximizing a rear-end accident settlement

Settlement agreements are ultimately a reflection of the “likelihood” that you — the injured plaintiff — will successfully obtain the compensation that you’re attempting to claim, should the case proceed all the way through to trial. An accurate reflection of these factors represents a “fair settlement.” There is no real use in evaluating the average payout, as the average payout does not actually represent the particularities of your rear-end accident claim.

If you have suffered injuries, it is crucial to seek legal consultation to understand the extent of your injuries and maximize your compensation.

Factors that will impact your potential success (were the case to proceed to trial) are therefore going to impact your settlement offers. The more likely that you secure the desired compensation, the higher your settlement is likely to be — simple, right?

As such, here are some factors that may influence your settlement offers:

The evidentiary record in support of your liability claim
The evidentiary record in support of your damages assertion
The strength of your expert and eyewitness testimony
Your “likeability,” as courts and juries are subconsciously biased towards likable plaintiffs
How relatable your case is (juries tend to sympathize with plaintiffs whose disputes are a reflection of a difficult situation that they can imagine themselves in)
And more

Other factors (aside from those affecting the “success” rate of a trial) are also likely to influence your settlement offers:

The overall hostility of the defendant (hostile defendants are less likely to cooperate during settlement negotiations, as they may want to make an “example” out of you)
The negative publicity and brand damage that the defendant may face if they allow you to litigate the case
The complexity of the dispute (plaintiffs whose attorneys are working on contingency have more wiggle room, whereas defendants whose attorneys are working at an hourly rate will have much more significant costs as the dispute drags on)
And more

You do not have an unlimited time to bring a lawsuit for a rear-end collision

If you’ve been injured in a rear-end collision, then you do not have unlimited time to wait and decide whether you should do something about it — the law establishes strict claim deadlines known as statutes of limitation that basically prevent you from “sitting on a claim” for too long.

The statute of limitations imposes a deadline by which you must file your claim. If you delay past the deadline period, then courts are entitled to automatically dismiss your claim on the basis that you have abandoned it or otherwise relinquished your right to compensation under the law.

For example, in California, after a negligence-based accident, you have three years from the date of injury to file your claim. Failure to meet this deadline could prevent you from recovering any compensation whatsoever.

That being said, there are options if you’ve waited a long time, and thereby missed your deadline. Particularly in the rear-end collision context. See, in many low-speed rear-end accidents, your injuries might not be “obvious” right after the collision. Spinal degeneration can be incited by a rear-end collision, but may not be detectable until years later. The law provides for these “delayed discovery” issues with certain injuries and allows plaintiffs to extend their limitations period until the date that they reasonably discover that they’ve been injured.

Given the complications in many cases, it’s worth talking to a qualified lawyer about your claims and whether they’re still actionable.

It doesn’t cost anything upfront to work with personal injury lawyers

Most people believe that legal representation after an accident is expensive and unaffordable for the average person — but this couldn’t be further from the truth!

This misperception is likely driven by popular media, which paints attorney assistance as something that only very rich people use. It may also be driven by the fact that most people use attorneys for help in non-accident contexts, such as with a divorce (and of course, family law attorneys typically work on an hourly basis at high rates, so costs can escalate a lot for individuals who are going through a difficult divorce).

That being said, accident attorneys are a different breed. Most plaintiffs’-side personal injury lawyers work on a contingency fee basis. That means that they don’t cost anything upfront or out-of-pocket. Instead, they agree to work for you on contingency — they will take a percentage cut of any compensation they secure on your behalf (usually anywhere from 25 percent to 40 percent, or more). In other words, they only get paid if you get paid. If you don’t, they don’t.

Simple, right?

Contingency fee arrangements lower the barrier to entry for bringing a lawsuit, as it makes litigation affordable for everyone. You could have zero dollars in your bank account, and you’d still be able to hire an experienced and effective attorney to represent you in your rear-end accident dispute.

The best part is that contingency fee arrangements make it so that the attorney is incentivized to not only secure a win on your behalf but to maximize your compensation. After all, the more that you get paid, the more that they get paid. It’s a win-win.

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

If you’ve been injured in a rear-end accident that was not your fault, then you could be entitled to significant damages as compensation under the law (whether through a trial award or rear-end accident settlements with the insurance company and/or defendants). Navigating the litigation process can be confusing and overwhelming for a first-time plaintiff, however — as such, it’s important that you work with experienced personal injury lawyers who can help you move forward in a way that suits your needs.

Contact 1-800-THE-LAW2 for a free legal consultation with a skilled local attorney in our network. During this initial consultation, you’ll be able to discuss the details of your rear-end accident case, evaluate the potential for a rear-end collision settlement, and learn more about what your strategic options are. If you decide that you’d rather not move forward with your case (or with the car accident lawyer), that’s not a problem — there’s no obligation for you to continue. As such, there’s really no downside to picking up the phone and calling in today.

We look forward to assisting you with your rear-end accident claim.

What is a Hit and Run?

If you’ve been involved in a car accident where the driver who collided with you flees the scene, then chances are you’re considering a lawsuit, and you may even be wondering the basic question: “What is a hit and run?” After all, you may be entitled to compensation to cover the losses you sustained as a result of the accident — but navigating a hit-and-run accident dispute isn’t always straightforward.

So, what is a hit-and-run? Let’s take a look at some basic issues in hit-and-run cases, including definitional aspects. Read on to learn more!

What makes something a hit-and-run?

Every state has different implementations of law — including hit and run law — but as a general rule, a hit and run occurs when a driver flees the scene after being involved in an accident where they have caused property damage, injury, or death. Drivers are required to provide their driver’s license information at the scene of an accident. Drivers have a legal responsibility to stop, identify who they are, and render aid to the injured person, to the degree that doing so does not endanger themselves. Failure to do so could have legal ramifications.

It’s worth noting that there are exceptions to this legal requirement. For example, drivers may not have to stop if there is an immediate danger in stopping — if a crowd has formed and is looking to take violent retribution against the colliding driver. The driver may also not have a safe place to stop nearby and set up their parked car, if there is a weather or road-related issue, such as a flood, or a downed power line. The law requires that they stop nearby (to the degree possible without endangering themselves) and manage the situation. This may involve things like speaking to a police officer or calling law enforcement themselves, if necessary.

Is it possible to hit a car and not know it?

Yes — though it is uncommon. Generally speaking, any significant collision will be felt and known by the colliding driver, so long as they are not sleep-deprived, heavily distracted, or intoxicated, each of which could result in liability independently.

If a driver hits you and drives away, and later — when you sue them — claims that they didn’t know that they hit you, then you could argue that they shouldn’t be driving if they can’t tell that they hit another driver. It may be a reasonable enough argument to support your negligence claims.

That being said, in a minor enough accident (paint scratching, scuff marks) where a colliding driver may genuinely not realize they made contact with your car, the damages are unlikely to be significant enough to warrant a lawsuit in the first place.

Challenges in a hit-and-run lawsuit: what does it mean to be a victim of a hit and run driver?

Hit-and-run disputes come with a few unique challenges. They are as follows:

Identifying the hit-and-run driver.
Securing an adequate payout after identifying the hit-and-run driver.

Once a hit and run driver has fled the scene of an accident, it can be challenging to identify them so that you can sue them for damages. That being said, with the aid of an attorney, you’ll be able to investigate the accident scene and potentially piece together the identity of the driver who collided with you — for example, your attorney might work with local business owners to get security video footage of the accident, which might reveal the license plate number of the defendant’s car. Your attorney might also speak to eyewitnesses whose testimony could help piece together the identity of the driver.

This evidentiary issue is core to hit-and-run accidents. Overcoming this issue is a key aspect of succeeding in your hit-and-run lawsuit.

Unique opportunities in a hit-and-run lawsuit

Hit-and-run lawsuits have a few unique and powerful advantages — if you’re able to identify the defendant-driver, then you’ll have a much easier time 1) establishing liability, and 2) navigating the dispute within the court litigation process, as the court will almost certainly favor you over the fleeing driver who was attempting to escape their legal responsibilities.

Though fleeing the scene of an accident is not “proof” of liability, it’s a strong indicator that hit-and-run drivers thought they did something wrong and were attempting to avoid taking responsibility for it. For example, oftentimes, a fleeing driver does not have an active driver’s license, or is intoxicated — they understand that these are illegal, and flee the scene to avoid being “found out.” Even if the defendant fled for some other reason (perhaps they’re just an anxious person), they will be fighting an uphill battle should you identify them and subsequently sue them for damages.

Other defendants to sue after a hit-and-run accident

Whether or not you can identify the driver who collided with you (in a hit-and-run accident), you’ll want to explore the possibility of suing other defendants who are partially liable for your injuries. In some cases, you may also need to contact your insurance company to discuss coverage and claims related to the hit-and-run accident. Defendants in a motor vehicle accident lawsuit may include, but are not limited to:

The defendant-driver who fled the scene
Other drivers who contributed to the accident
Any auto manufacturer whose defective designs or defective production issues that contributed to the accident
The City, if their improper maintenance or roadway designs contributed to the accident
Any property owner for which a dangerous condition of their property contributed to the accident
Medical professionals whose negligence, recklessness, or intentional misconduct may have exacerbated your injuries
And more

Suing other defendants is a useful strategy in many disputes because it gives you access to defendants who may have “deeper pockets” than the driver who hit you (i.e., more substantial insurance coverage for a payout). This strategy is even more important in hit-and-run accident cases, as you may not be able to identify the driver who hit you to sue them. So it’s worth exploring these other lawsuit possibilities with your attorney.

Damages in a hit-and-run accident

Damages in an accident can vary significantly from case to case, especially in instances involving serious injuries. That’s because the unique circumstances of the injury victim will affect their losses — in other words, an injury to any individual person will have particular consequences that are unique to their body, mind, and lifestyle. As compensation is meant to cover losses, these losses are a measure of what sort of compensation the injury victim is potentially entitled to in a lawsuit.

Claimable losses include:

Wage loss
Loss of earning capacity
Medical expenses (i.e., medical bills)
Property loss
Pain and suffering
Loss of enjoyment of life
Loss of companionship
And more

For example, suppose that you’re injured in a hit-and-run collision. You have to take a year off from work, and your salary is $60,000. Your wage loss claim by itself would therefore be $60,000 (not accounting for pain and suffering and other damages). If you were unemployed at the time of the accident, however, then your wage loss claim would be $0. That’s a pretty significant difference, with only one circumstantial change!

Attorney representation is not costly up-front in most cases

Unfortunately, the general public still believes that hiring an attorney for their injury lawsuit is an expensive process that only “rich” people can afford — this results in far too many victims never even exploring the possibility of compensation.

The truth is quite a bit different than this public perception. In fact, most plaintiffs’-side personal injury lawyers work on a contingency fee basis, which makes it a lot easier to secure legal representation.

How do contingency fees work?

Contingency fee attorneys don’t cost anything upfront or out-of-pocket. That’s right — you don’t need ANY money to get started with legal representation. Instead, they agree to represent you for a percentage cut of whatever compensation they’re able to secure on your behalf.

If you don’t win, they don’t get paid.

Percentages can vary from attorney-to-attorney, and from case to case. You’ll want to discuss the percentages with your attorney and negotiate to your liking.

Contingency fee arrangements have a number of advantages. Not only do they lower the barrier to entry for a lawsuit significantly, but they also incentivize attorneys to work efficiently and effectively to maximize compensation. After all, the more you get paid, the more they get paid.

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

If you’ve been injured in a hit-and-run accident, then you could be entitled to significant damages under the law. What is a hit and run can be difficult to evaluate in some cases. Beyond that, successfully obtaining compensation in a hit-and-run injury dispute can be a challenge, as there are unique barriers that you’ll have to overcome as you navigate the lawsuit — most of all, figuring out the identity of the defendant-driver who collided with your vehicle. We encourage you to find an attorney who can assist you in handling your hit-and-run accident dispute.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury lawyer in our network. During this initial consultation, you’ll be able to discuss the details of your case and get professional guidance on how best to proceed so as to maximize your potential compensation. If you decide that you’d rather not continue with the network attorney, that’s okay — you have no obligation to move forward with them. So there’s no downside to picking up the phone and calling in to have your case evaluated.

We look forward to assisting you.

Hit by a DUI Driver? How to Sue for Money Damages

Were you hit by a DUI driver? If so, chances are that you’re feeling overwhelmed and possibly confused. Don’t worry. If you’ve been hit by a drunk driver, settlement is possible.

If you’ve been injured, you may have a right to sue for damages to compensate you for your losses. These losses can be significant and varied, so it’s important to actually speak to an attorney about your case so that you can secure DUI accident settlement compensation. Call us at 1-800-THE-LAW2 or use our contact form to connect to an experienced attorney in our network for a free consultation.

All that being said, we understand you might be feeling anxious and alone. The first thing to understand is that you’re NOT alone in dealing with a drunk driving incident.

According to data reported by the National Highway Traffic Safety Administration (NHTSA), drinking and driving kills 28 people every single day. That’s more than a death per hour. Simply put, drunk driving accidents are a serious problem across the United States.

Let’s take a closer look at DUI accident lawsuits.

What to do after a drunk driving accident

Being involved in an accident with a driver under the influence can be a traumatic and confusing experience. If you’ve been hit by a drunk driver, you may be entitled to a settlement to compensate for your losses. Understanding how to navigate the aftermath of such an incident is crucial in ensuring you receive the justice and compensation you deserve.

Exploring Your Legal Options

Suing a Drunk Driver: Yes, you can sue a drunk driver for hitting you. Driving under the influence is a serious offense, and if their irresponsible behavior resulted in your injury, you have the right to seek legal action.
Filing a Claim: The process typically begins by filing a claim, which involves documenting the incident, your injuries, and any property damage. This is an essential step in pursuing compensation for economic damages such as medical bills, lost wages, and other financial losses.
Seeking Legal Guidance: Knowing how to sue a drunk driver involves understanding various legal options and strategies. A skilled attorney can guide you through the process, from filing the claim to negotiating a settlement or, if necessary, taking your case to court.
Maximizing Your Settlement: The goal is to ensure you receive fair compensation for both economic and non-economic damages. This can include medical expenses, lost income, as well as pain and suffering caused by the accident.

Hire a lawyer

Lawyers are incredibly important at every step of the accident-lawsuit process. Though television and movies have convinced the public that lawyers primarily litigate cases in court, the truth is that lawyers play a role throughout. They assist clients with evidence gathering, ensure that there are no problematic disclosures that could undermine the case, negotiate settlements, and implement legal strategies. Working with a lawyer early is also critical, as they will take steps to move your case forward in a timely manner, which avoids issues with legal deadlines.

Seek medical attention

The first priority after an accident is to obtain medical attention as soon as possible, given the circumstances. If you are seriously injured, you should not spend too much time loitering at the accident scene, for example. Instead, you should go to the nearest hospital or get an ambulance.

Delaying this can undermine your claims, as the defendant may try to argue that your delays worsened the injuries. They may also try to argue that your delays prove that the injuries were not that serious to begin with.

Collect evidence

If you aren’t “obviously” injured, then you can take a moment at the accident scene to collect evidence: taking photos of the crash and your injuries, getting the contact information of eyewitnesses, writing down notes, and more. This can be valuable for supporting your factual narrative in the upcoming dispute.

React appropriately as the case develops

As the case proceeds, you and your attorney will have to react and respond to the developments in the case. If the judge restrict the type of evidence that you can introduce, for example, then you’ll have to reconsider your overall legal strategy and how you’re framing the case arguments. Being able to react and respond quickly, efficiently, and effectively is important to the success of your claims.

Average Settlement for a drunk driving accident

There is no average settlement for drunk driving accidents in California that you should expect to receive for a drunk driving accident. Every case is different, and the circumstances surrounding the case will vary enough that an analysis will require quite unique considerations. However, a number of factors can be used to calculate the settlement amount that you’ll want to focus on. This number can of course be negotiated further with the opposing counsel.

Bear in mind that settlement amounts are calculated on the basis of the uncertainty of potential trial litigation. If you are more likely to win at trial, and you have strong evidence of the damages you’re claiming, then the settlement amount will be proportionally higher. That’s how settlement calculations generally work.

Factors relevant to DUI accident compensation in a settlement

Fault
State and federal laws
Drunk driving damages and injuries
Circumstantial factors favoring one party’s perception

Fault

The more thoroughly you’re able to prove the defendant’s fault, the higher the settlement can be. For example, in some cases, the defendant simply cannot reject your arguments and has to admit fault. This can increase your settlement amount substantially. Bear in mind, however, that they can continue to push down the settlement amount by arguing that the damages are low.

In a personal injury lawsuit stemming from a drunk driving accident claim, establishing fault is a cornerstone. The clearer and more convincing the evidence of the other party’s fault, the stronger your claim becomes. In the context of drunk driving, fault often seems straightforward, as driving under the influence is a clear breach of legal and safety standards. However, the legal process requires concrete evidence to prove this fault beyond just the fact of intoxication.

Your lawyer will work to gather all necessary proof, such as police reports, breathalyzer results, and witness testimonies, to firmly establish the other party’s fault in the accident. The objective is to leave no room for doubt that the drunk driver’s actions directly caused the accident and your subsequent injuries.

Successfully proving fault in a drunk driving accident claim not only strengthens your case for receiving compensation but can also influence the amount of damages awarded in your personal injury lawsuit. Remember, the burden of proof lies with you, the plaintiff, so meticulous and comprehensive evidence collection is vital.

State and federal laws

Laws can influence your settlement amount, as they describe the contours of your legal claim. If the laws support your claims, then the defendant will have a difficult time countering your assertion of liability and damages. Generally speaking, the more definitive the legal framework that supports your claims, the higher the settlement you’ll be able to negotiate.

Understanding the interplay of state and federal laws is crucial, especially in terms of insurance coverage in a drunk driving accident case. A proficient drunk driving accident lawyer will be well-versed in these laws and how they impact your claim.

For instance, certain state laws might dictate the minimum insurance coverage requirements and how these influence the compensation you can receive. Additionally, there might be specific state laws that allow for punitive damages in cases of gross negligence, such as drunk driving.

Drunk driving damages and injuries

The more severe your injuries, the larger your damages amount will be and the higher your settlement that you can negotiate. Do bear in mind that a damages claim must be accompanied by strong evidence. If you do not have the evidence to support your damages claim, then the defendant will be able to counter with their own assertion, which is likely to be much lower.

In cases involving impaired drivers, the extent of damages and injuries often dictates the progression and outcome of your personal injury case. Legal representation plays a crucial role in accurately assessing and presenting these damages.

A lawyer specializing in such cases will thoroughly evaluate the impact of the injuries sustained — ranging from physical injuries to psychological trauma. This comprehensive assessment includes immediate medical expenses, long-term care costs, lost wages, and even the potential for future earnings loss, which can be significant in cases of severe injuries.

Your legal team will compile medical records, expert testimonies, and other evidence to build a strong case highlighting the extent of harm caused by the impaired driver. This is vital, as the severity of the injuries and the associated costs directly influence the compensation you may receive.

A skilled attorney understands how to present these damages effectively in your personal injury case, ensuring that the court or the insurance company comprehends the full impact of the accident on your life. It’s through this detailed and strategic presentation of facts that legal representation can substantially affect the outcome of your claim against an impaired driver.

Circumstantial factors favoring one party’s perception

Many circumstantial factors can influence how the jury would perceive one or both parties. For example, in a drunk driving accident, the drunk driver may try to paint themselves as likeable and “not that bad” by explaining that they were just buzzed at the time of the accident, not drunk.

You can and should counter these attempts to tip the scales of perception. In this instance, you’d want to make it clear that buzzed driving is drunk driving, and that violating the legal limit for alcohol is sufficient for a DUI accident claim.

How a car accident lawyer can help

Drunk driving accidents can be overwhelming. If you’ve been injured by a drunk driver, then you may be entitled to sue for damages. These cases can involve a lot of unforeseen complications, however, so you’ll want to speak to an experienced car accident lawyer for guidance. A car accident lawyer can handle all aspects of the case, from helping you gather evidence, to developing a legal strategy, to negotiating a settlement, and litigating the case at trial.

Ready to speak to an attorney? Call us at 1-800-THE-LAW2 to connect to an attorney in our network. Consultation is free and confidential, so don’t delay!

FAQs — Drunk Driving Accidents

I got hit by a drunk driver, what am I entitled to?

If you get hit by a drunk driver, then you may be entitled to damages that include the following:

• Wage loss
• Loss of future earning capacity
• Medical expenses
• Property losses
• Pain and suffering
• Emotional distress
• And bonus punitive damages

In drunk driving accidents, bonus punitive damages may be available. These damages can increase the compensation total up to 7 times the original amount. That being said, punitive damages are not awarded that often. Given the high value of a punitive damages award, it’s worth exploring the possibility with your attorney.

Can I sue for pain and suffering after a car accident?

Depending on the circumstances, yes. In many car accident scenarios, the victim sustains non-financial pain and suffering damages, in addition to financial damages such as wage loss, medical expenses, and property loss. If you have pain and suffering damages, then you are entitled to sue for compensation to cover those damages.

Are drunk drivers always at fault in an accident?

No, though they are very often at-fault. In some cases, the drunk driver may be involved in the accident, but not in a way where their intoxication contributed to the injuries. For example, consider a rear end accident, in which Vehicle A collides with Vehicle B’s rear end, causing Vehicle B to push forward and hit Vehicle C.
Now, suppose that Vehicle B is occupied by an intoxicated driver. Though he was intoxicated, he had nothing to do with hitting Vehicle C. After all, his vehicle was pushed forward by Vehicle A. Under these circumstances, the drunk driver would not be found at-fault.

How long do I have to file a lawsuit after a drunk driving accident?

The time limit, known as the statute of limitations, varies by state. Generally, you have a specific period from the date of the accident to file a lawsuit. This can range from one to several years. It’s important to check your state’s specific time limits or consult with an attorney as soon as possible to ensure your claim is filed within the legal timeframe.
In California, the statute of limitations for filing a lawsuit after a drunk driving accident, which falls under the category of personal injury, is generally two years from the date of the accident. This means you have two years from the date of the drunk driving incident to file a lawsuit against the responsible party. It’s important to adhere to this deadline, as failing to file within this time frame could result in the loss of your right to seek legal recourse and compensation for your injuries and damages.

What if the drunk driver was uninsured or underinsured?

If the drunk driver who hit you was uninsured or underinsured, you might still have options for compensation. First, check your own insurance policy for uninsured/underinsured motorist coverage. This coverage is designed to help in such situations. If you don’t have this coverage, or if it’s insufficient, consulting with an attorney can help you explore other avenues for seeking compensation.

Can I still receive compensation if I was partially at fault in the accident?

Yes, in many states, you can still receive compensation even if you were partially at fault, thanks to comparative negligence laws.
In California, the law that applies to cases where multiple parties may be at fault, including the injured party, is known as “comparative fault” or “comparative negligence.” Under this rule, each party’s level of fault is considered, and the compensation awarded to the injured party is reduced by their percentage of fault.
For example, if in a car accident (including a drunk driving incident), the court finds that you were 20% responsible for the accident, and the other party was 80% responsible, any damages awarded to you would be reduced by your 20% share of the fault. So, if you were initially awarded a drunk driver settlement amount of $100,000 in damages, this amount would be reduced by 20%, leaving you with $80,000.
This system allows for a fair distribution of responsibility and ensures that you can still recover damages even if you were partially at fault, as long as another party was also at fault and primarily responsible for the accident.

What To Do After a Bike Accident

Bicycle accidents can be stressful situations, and the injuries may be severe making it difficult for you to remain calm and think clearly. Knowing what to do before a bicycle accident happens is the key to handling the accident correctly and ensuring fair compensation for your injuries and damaged property.

Many cities across the U.S. are starting to create bike lanes and cycling-friendly areas. While riding a bike is great exercise, it comes with risks – just like any other mode of transportation. If you are involved in a bike accident, your immediate actions may impact your recovery and future lawsuits. Here are some tips on what to do after a bike accident:

Before assuming you are fine, take a few moments to slow down, catch your breath, and make sure you can feel all parts of your body. Many cyclists assume they are okay, and stand up, only to bend over again in pain. Take your time getting up, stretching, and assessing any damage before getting back on the seat and pedaling away. Some quick tests include walking back and forth a few times, moving your arms in all directions, and looking up, down, left, and right to evaluate whether you have any pain. If you do, call for help.
If you feel nauseous, dizzy, or see any blood, don’t move around too much. Wait for medical assistance. A quick way to check on whether you hurt your head is to look at your helmet. If it is cracked or bent, consider a checkup with a medical professional as soon as possible since some injuries take a day or more to show up. Confusion or disorientation are signs of a concussion so if you don’t know where you are right away, there’s a chance you have one.
Once you have checked yourself out and concluded you don’t have any serious injuries, check the condition of your bike. Wheels tend to take most of the beating in bike accidents, but make sure your tires are holding air, that the wheels are true, and that there aren’t any broken spokes sticking out. Test out the brakes in case they have jammed up.
Next, look at the position of the brake levers and shifters. It’s usually easy to push them back into place, but riding away without checking may cause you more problems! Assess any damage or misplacement of the chain, and ensure the saddle is firmly attached to the seat post. Finally, inspect the frame for scratches and cracks that may have occurred due to your fall because even minor cracks can cause more damage as you pedal away.
To minimize the injuries sustained with bike accidents, prepare a basic bike kit – especially if you are riding in remote areas, or for an extended period. It should include a multitool, chain link, spare tube, and mini-pump. A few basic first aid supplies are also recommended – bandages and wrappings, for example.

At the Scene of a Bicycle Accident

The best time to gather evidence is at the scene of the accident. Insurance companies need convincing evidence to get an idea of what happened. When gathering evidence, it is best to get as much information as possible and follow these helpful tips:

Remain calm
Check for injuries: keep in mind some injuries may not be apparent right away
Call the police
Gather information: insurance information, names of anyone involved in the accident, addresses, phone numbers, car details, license plate numbers, witness information, accident details
Take photos: bicycle damage, car damage, accident layout

If your bike crashes into a car, or gets hit by a car, you should go through the steps of a vehicle-to-vehicle accident:

Call the police so they can take an official report. Do not attempt to negotiate with the car driver or entertain the idea of accepting money they may offer to fix your bike. You may not know for several days whether you have actually sustained injuries that cause sprains, whiplash, or joint pain.
Give the police an accurate account of what happened, get the contact information for any witnesses, and swap contact information with the driver. If your accident is serious enough, consider consulting with an attorney to understand what your options are for recovering damages for your property, as well as any medical expenses.

What to Do After a Bicycle Accident

The accident does not end at the scene, what you do after the bicycle accident is just as important as what you do at the scene.

Seek medical attention
Document the accident in detail
Pick up your copy of the police report
Get your bicycle inspected and repaired
Note all expenses
Notify your insurance company of the accident
Speak with a lawyer

What to Do if Hit by a Car on Bike?

Being involved in an accident while on your bicycle can be a jarring experience. With cars weighing significantly more than bikes and moving at faster speeds, bike riders are at an increased risk for personal injuries when bicycle crashes with cars occur. Here’s a straightforward guide on what to do if you’re a bike rider hit by a car.

Stay Calm and Prioritize Safety:

First and foremost, try to remain calm. It’s natural to feel a surge of emotions, but panicking can cloud your judgment.
If possible, move out of the roadway to avoid any further danger.

Check for Personal Injuries:

Before doing anything else, assess yourself for any injuries. Not all injuries show immediate symptoms, especially in the adrenaline-filled moments right after an accident.

Contact the Police:

Always report the accident. They can help document the scene, which might be crucial if you decide to pursue any legal action later.

Gather Evidence and Information:

This includes the driver’s contact and insurance information, details of the car (like make, model, and license plate number), and the contact information of any witnesses.
If possible, take photos of your bike, the car, your injuries, and the accident scene.

Seek Medical Attention:

Always see a doctor after a bicycle crash, even if you feel okay. Some personal injuries might not become apparent until later, and having medical records detailing your injuries can be essential.

Notify Your Insurance Company:

Even though you were on a bike, some insurance policies might cover accident injury from car accidents.

Consult a Bike Accident Attorney:

Navigating the legal landscape after being hit by a car can be complex. A bicycle accident law firm specializes in these types of cases and can provide guidance on the best steps to take next.

Remember, while biking offers many benefits, safety should always be a priority. If you ever find yourself involved in a bike accident with a car, know that there are resources and experts, like a bike accident attorney, ready to help you through every step of the process. Riding a bike should be an enjoyable experience, so always be cautious, stay safe, and know your rights.

Common Causes of Bicycle Accidents

Bicycle accidents are on the rise, making it important to be aware of actions that are common factors of bicycle accidents. According to the California Highway Patrol, these are the most common causes of bicycle accidents:

Bicycle rider using the wrong side of the road
Driver making unsafe left or right turn
Bicyclist riding from driveway or sidewalk into path of car
Driver opening door as bicycle passes
Bicycle rider weaving, leaving edge of road or bike lane
Bicyclist making unsafe left turn
Bicycle without headlight or reflectors

Securing Justice After a Bicycle Accident: Why a Specialized Lawyer is Essential

If you’ve been injured in a bicycle car accident while riding, the aftermath can be both physically and emotionally overwhelming. In such traumatic times, it’s crucial to have someone by your side who understands the intricacies of such incidents. That’s where bicycle accident lawyers come into play. They have the expertise to ensure you receive the compensation you rightfully deserve. The potential compensation covers a range of needs, including expense reimbursement for medical treatments, repairs for any property damage, and benefits that assist in your rehabilitation process.

Often, bicycle accidents can occur due to reasons beyond the cyclist’s control – maybe a driver was on their cell phone, or perhaps they ran a red light. Regardless of the cause, the consequences for the cyclist can be severe. A specialized lawyer can assist in these complicated situations, navigating the legal maze on your behalf.

Worried about costs? With our network of lawyers, you won’t have to! If you’re unsure about the next steps or with queries about their specific situation, we offer a free consultation.

Don’t be left feeling alone and unsure of where to turn after such a distressing event. Remember, in the immediate aftermath, it’s essential to call 911 and ensure everyone’s safety. And once you’re ready, give us a call.

Our representatives are at your service 24 hours a day, 7 days a week, ready to assist and guide. Let our network of bicycle accident lawyers help put your life back on its rightful track.

SOURCES:

California Highway Patrol. Bicycle Riding. Retrieved December 23, 2014.
Washington Area Bicyclist Association. What to do after a crash. Retrieved December 23, 2014.
Washington Area Bicyclist Association. What to do in the event of a crash. Retrieved December 23, 2014.

Our offices are open 24 hours a day, 7 days a week, so we can assist you no matter when your accident occurs.

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What Are Potential Hit and Run Consequences? | Attorneys for Car Accidents

This article can help to answer these questions about hit and run consequences: What is a hit and run? | What are the charges for a hit and run? | Is a hit-and-run a felony or misdemeanor? | How many points for leaving the scene of an accident? | What evidence is needed to convict a hit and run?

Hit and run car accidents are a concerning and serious issue that can lead to both minor and major legal consequences. From minor hit and run charges to potential felony offenses, understanding the evidence needed to prove hit and run, along with the associated penalties, is crucial for both the driver of a vehicle and the victims involved.

In California, hit and run consequences can range from misdemeanor hit and run charges, leading to fines and county jail time, to more severe punishments depending on the circumstances of the auto accident.

How serious is a hit and run? The penalties can affect everything from car insurance rates to legal standing, making it essential to call the police and law enforcement at the scene and cooperate fully with the insurance company.

In this article, we will explore the various facets of what is the penalty for hit and run, looking into the legal ramifications and the importance of understanding your auto insurance policy and legal responsibilities.

If you are a victim of a hit-and-run accident, consult with a qualified hit and run lawyer for guidance. Contact 1-800-THE-LAW2 today to schedule your free consultation.

What Is a Hit and Run?

A hit and run is generally defined as being involved in a car accident, either with another vehicle, a motorbike, or even pedestrians. Then, leaving the scene of the accident without stopping to identify oneself, or to provide aid to anyone who might need assistance.

Common hit and run circumstances include:

Drivers causing serious injury to a pedestrian and fleeing the scene because he or she was driving with a suspended license from a previous DUI charge and did not want to be charged for another offense
Drivers hitting a parked car and leaving the scene to avoid paying for property damage
Drivers hitting police cars that have been set up as part of a roadblock to avoid getting in trouble

Fleeing the scene of an accident has serious consequences. All drivers should think twice before leaving the scene of any accident they have been involved in.

Hit and Run Charges

What Is the Penalty for Leaving the Scene of an Accident?

In most states, including California, the act of leaving the scene of an accident—whether the driver of a vehicle caused the hit and run car accident or not—can lead to serious legal consequences. The fact that a party left the scene is usually enough to face hit and run consequences, ranging from misdemeanor hit and run charges to felony offenses, depending on the severity of the damage and injuries involved.

An exception to this might occur if someone left the scene to get help, provided that he or she returns immediately. This underscores the importance of understanding how serious a hit and run can be, and why it is essential to call the police or other law enforcement immediately after an auto accident. Failing to do so can lead to difficulties with both the legal system and insurance companies. The evidence needed to prove a hit and run might involve witness testimony, surveillance footage, or physical evidence at the scene.

In California, the hit and run consequences can be particularly stringent, affecting everything from car insurance premiums to one’s criminal record. Penalties might include fines, county jail time, increases in auto insurance rates, or the suspension of a driver’s license. Cooperation with law enforcement and your insurance company, along with a clear understanding of your rights and responsibilities, can be crucial in navigating the complex landscape of hit and run charges.

Major vs. Minor Penalties

Is a Hit and Run a Felony or Misdemeanor?

Hit and run consequences vary from state to state. Many states classify the charge as either a felony or misdemeanor depending on specific circumstances. Felony charges tend to be imposed in instances where a person has suffered any kind of injury, whether the injured person was a pedestrian or occupant in another vehicle.

Guilty persons may be fined anywhere from $5,000 to $20,000. In addition, they may face the possibility of jail time of up to 15 years. A misdemeanor offense, while less severe than a felony, is punishable by a fine of up to $5,000 and also up to one year in jail.

License Points

How Many Points for Leaving the Scene of an Accident?

In addition to criminal consequences of a hit and run, almost every state imposes administrative penalties related to the person’s license. Any conviction will usually result in automatic suspension, or even revocation of the driver’s license for about six months. Some states impose the suspension for as long as three years. Other states impose the suspension for a lifetime, depending on the circumstances of the accident.

At-fault drivers may also be subject to civil cases. An injured party can file an injury claim for damages to their property. They may also be able to file for compensation for medical treatment and lost wages.

What Evidence is Needed to Convict a Hit and Run?

In a criminal trial, a prosecutor must usually prove the following facts to find someone guilty of a hit and run:

While driving, the defendant was involved in the vehicle accident
The accident caused serious injury, permanent injury, or death to someone else
The defendant knew he or she was involved in the accident that caused injury to someone else, or knew that injury was probable given the circumstances of the accident, AND he or she willfully failed to perform one or more of the following duties:
- To stop immediately at the scene
- To provide reasonable assistance to any injured persons
- To give involved parties or authorities their contact and vehicle information; if not their vehicle, to provide the details for the owner of the vehicle; to provide the name and details of injured individuals in his or her vehicle; to show a driver’s license upon request at the scene; to notify authorities without unnecessary delay to fatalities as a result of the accident.

The Bottom Line

The hit and run consequences in states across the United States, and especially in California, are severe and multifaceted. Whether it’s a minor hit and run charge or a felony offense, the legal system treats these incidents seriously. Drivers involved in an auto accident must understand the importance of remaining at the scene, calling the police or other law enforcement, and cooperating fully with their insurance company.

Leaving the scene of an accident, regardless of who is at fault, can lead to substantial penalties, including fines, county jail time, increases in car and auto insurance rates, or the suspension or revocation of a driver’s license.

The evidence needed to prove a hit and run includes not only physical evidence but also witness testimony and surveillance footage, reflecting the complexity and gravity of these charges. Civil liabilities may also arise, including injury claims for property damage, medical treatment, and lost wages.

If you’re involved in a hit and run car accident, whether as a victim or a driver, understanding these consequences and your legal responsibilities is vital. Legal advice from qualified attorneys specializing in hit and run cases can be an invaluable resource in navigating this complex legal landscape.

Call 1-800-THE-LAW2 to Find a Hit and Run Lawyer Near You

After a hit and run accident, you may still be eligible for accident compensation. Let our personal injury attorneys make the litigation process easier for you. Contact us today to schedule your free consultation.

Ready to Call a Car Accident Lawyer? Here Are 4 Things to Look For | Car Accident Attorneys

Car accidents are among the most common types of personal injury claims, that’s fairly unsurprising to most people. After all, even minor car accidents can leave victims with serious injuries and expenses.

Thankfully, the law entitles car accident victims to pursue compensation. That being said, you don’t want to move forward alone. It is important to work with an experienced attorney, they can help you navigate the complex, and often confusing, legal process.

When Should I Call a Lawyer After a Car Accident?

One of the most important things you can do after being involved in a car accident is to call an experienced car accident attorney as soon as possible. The sooner you secure legal representation, the more likely it is that your right to compensation will be protected. Aside from receiving any necessary medical care, your next priority should be to meet with an attorney to discuss your case. But how do you find a good lawyer?

What to Look for in a Car Accident Lawyer

Finding the right car accident lawyer for your claim can sound stressful. However, this crucial task can generally be approached like hiring any other professional. Here are four things to look for when hiring a car accident attorney.

What Are the Qualities of the Best Car Accident Lawyer?

Experience in the Type of Law You Need Help With

Is the attorney experienced? What type of law are they experienced in? You need a personal injury lawyer if you have been in a car accident. Finding an attorney near you who was great at getting your friend through a divorce or helping your parents plan their estate isn’t likely going to help your car accident claim much. While they may be effective, professional attorneys, they aren’t experienced in the type of law you need help with. Make sure you hire someone who has experience representing car accident victims.

Litigation Experience

You will want to hire an attorney who also has litigation experience, one who isn’t afraid to take your claim to trial if it becomes necessary. Plenty of law firms are simply settlement mills, taking on every case they can, knowing they will settle it and move on to the next client. You want a lawyer who is committed to doing what is best for you. In some cases, doing what is best means refusing to settle and instead going to trial.

Proven Track Record

Does the attorney have a proven track record of obtaining compensation for their clients—either through a negotiated settlement or a court award? While past results are no promise of their future performance, they can give some insight into how your case might end. For example, you want to hire a car accident lawyer with experience getting car accident victims what they deserve for their damages.

Good Communication

There are many outstanding lawyers out there; however, some are severely lacking in the communication department. They forget that they are representing real people with real issues and injuries. Clients call or email to ask for updates; they simply don’t respond or take weeks to respond. No one wants to be ignored during this stressful time of life. You deserve an attorney who will address your questions and concerns in a timely manner. When you meet with a potential attorney, ask them how they handle client communication. Will you be able to speak directly with them? Or will you speak with a receptionist or a paralegal?

Good Standing and Reputation

It’s also essential to ensure that the attorney you want to hire has a good standing and positive reputation. You can check your local state bar organization to ensure their license hasn’t been suspended and they aren’t facing any type of disciplinary action from the state bar. You can also check with other reputable organizations and their peers to determine the attorney’s reputation. Online reviews from previous clients are also a good resource. If necessary, ask the attorney for recommendations. If they want your business, they should be willing to show you their reviews and why you should hire them.

Is It Worth Getting a Car Accident Lawyer?

Far too many injured car accident victims shy away from seeking legal help. They think they can do it themselves, that car accident lawyer fees are too high, that they don’t have the money to pay for them upfront, or that having legal representation for a car accident doesn’t make any difference. However, legal representation can make a substantial difference in your claim.

Even better, most offer free consultations. So, you can meet with them, then find out if you have a valid claim. Most car accident attorneys work on contingency fees only if you decide to hire them. This means you don’t pay them anything to get your case started or during the duration of your case. Once your case is over, they get paid out of any monies they obtain on your behalf. If they don’t obtain any, you don’t owe them anything. Many car accident victims receive more compensation with a lawyer than they would without one, even after the attorney has taken out their fees and services.

Ready to Call a Car Accident Lawyer?

Are you ready to call a car accident lawyer?

We make it easy for you. Simply call 1-800-THE-LAW2 or fill out our convenient online form. You’ll be connected to a qualified lawyer within 10 minutes. During this free consultation, you can discuss your car accident claim, and our lawyer will answer any questions you might have.

Choosing the Best Car Accident Attorney for You

How do you choose the best car accident attorney for you?

You probably don’t have to look far to find personal injury lawyers near you. Maybe you’ve seen their ads on television, social media, buses, or billboards. But now, it actually matters. You have injuries from a car accident, and you want to hire a lawyer. You might be tempted to call, and hire the first attorney that comes to mind.

That being said, you should make sure to choose the “best” car accident attorney for you. Remember that the right attorney for your friend or family member may not be the right one for you. Everyone has different needs and communication styles.

Why You Need a Car Accident Attorney

First, consider why you need a lawyer in the first place. You may not even realize all the benefits of having one, but learning what they can do for you can help narrow your search. A car accident attorney can:

Manage your car accident claim
Handle communications with the insurance company and their legal team
Collect necessary evidence
Investigate the accident
Determine who is liable for the accident
Negotiate a settlement
File a lawsuit if necessary and litigate the case
Provide guidance and support throughout the entire legal process

Technically, you don’t HAVE to hire a lawyer to file a car accident claim. However, courts do highly discourage going without an attorney, and for good reason.

Attorneys know the law and all the procedures, and they know how to push for maximum compensation. Car accident attorneys also typically work on contingency: they only get paid when you do. So it’s absolutely in your best interest to have legal representation.

Understanding what a lawyer can do for you can help you know what qualities to look for when hiring one. Since it’s best to have a seasoned car accident lawyer on your side sooner rather than later, start your search as soon as possible after your accident. It’s also a good idea to refrain from speaking with the insurance company until you have an attorney on your side.

How to Choose the Best Car Accident Attorney

Choosing the best attorney for your car accident means choosing someone that’s a good fit for you and someone who possesses certain qualities and characteristics.

What are the qualities of the best car accident lawyer?

Experience

Good accidents lawyers will have several years of experience in car accident cases, such as those involving:

In fact, it’s best to choose an attorney whose area of focus is that of motor vehicle accidents. In general, the more focused a lawyer’s practice is, the better the chances of you obtaining the full and fair value of your accident claim.

Fees

Speak to your potential attorney about their fee structure. Most car accident attorneys provide free initial consultations, even if you decide not to use their services. In addition, many accident attorneys work only for contingency fees.

How Much Does a Car Accident Lawyer Cost Out of Pocket?

A contingency fee arrangement means you pay them nothing upfront and nothing until they win your car accident case. You owe them nothing if they don’t settle your case or win your lawsuit in court.

What Percentage Do Most Injury Lawyers Take?

When and if they do recover money for your car accident damages, they receive payment from those funds. The amount they receive is usually determined by a percentage of the total recovery and is agreed upon when you hire them. Even after paying their fees, it’s worth getting a car accident attorney as nearly all accident victims will receive more compensation with an attorney on their side.

Communication

Do you feel like the attorney understands you? And, do you have a good report? How do they handle your questions and concerns along the way? Do you feel at ease talking to them? It’s crucial to feel comfortable talking to the attorney you hire and how they want you to communicate with them going forward. While your ultimate goal is financial compensation for your damages, you should feel supported and at ease during the process.

Peer Respect and Reputation

Do your research to determine how others in the legal community view your potential attorney, such as judges, past clients, and other lawyers. How are their online reviews? Have they been disciplined by or reported to the state bar? What professional recognitions or awards have they received?

A Professional Office

When you visit the prospective attorney’s office, is it professional? Are the staff courteous and friendly? Is it clean and well-kept? Is it easily accessible? You will likely be in the office several times throughout the course of your case and interacting with the office staff, so this is a crucial part of your decision. Unfortunately, not all car accident lawyers have a professional office.

Find the Best Auto Accident Attorney Today

If you’re ready to get started choosing the best car accident attorney for your case, call 1-800-THE-LAW2 or complete our contact form. You’ll be connected to reputable attorney in your area within 10 minutes. During the free consultation, you’ll learn more about the possibilities for your case, as well as next steps.