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

1. 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.
2. 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.
3. 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.
4. 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

If you’ve been injured in a car accident, it’s likely that you’re considering whether you can actually sue someone for causing the accident. This might seem straightforward at first glance, but in reality, many defendants are “shady.” They hide information, twist the facts, and lie outright. So, can you sue someone for lying about the facts in a car accident case?

This can be extremely frustrating, as you might have already felt confused and overwhelmed by the prospect of a lawsuit. With the defendant lying about the car accident, it may feel like the case has become even more complicated. This isn’t an unreasonable reaction. After all, conflicting stories in a car accident requires a bit of extra work. Proving the “truth” isn’t always easy.

Fear not! Experienced attorneys can help. Defendants lie relatively often, so there are strategic tools in place to “suss” out the lies. If you’d like to learn more before speaking to an attorney, let’s explore the basics.

Why Do People Lie About Car Accidents?

Though it may seem like the answer is obvious, it’s important to break this down: why do people lie about car accidents?

At a basic level, defendants lie to avoid liability. In a lawsuit, liability can lead to a significant damages payout, so defendants will often do whatever it takes to ensure that the court doesn’t find that they are at-fault. By twisting the factual narrative around the case, the defendant may be attempting to create a new story that paints them in a favorable light.

There are a number of avenues for the defendant to twist the narrative — for example, the defendant could lie to police at the scene of the accident, and those lying statements will be recorded in the police report. In many cases, the defendant isn’t considering the lawsuit when making false statements. When dealing with police, these false statements are made to avoid ticketing, fines, or an arrest.

There are some things that are hard to lie about, like the evidence at the scene of an accident: vehicle damage or skid marks, for example. But other things, like injuries, recollections of the accident, and timeline of events can be problems if the other party to the accident is being dishonest.

If you’re trying to sue someone for injuring you in a car accident, this lying can make you feel frustrated, even overwhelmed. After all, you might not know how the defendant’s lies are going to impact your case, and how to counter the lies. Well, don’t worry! Experienced car accident injury attorneys are very familiar with handling false statements by defendants, and understand how to draft probing investigative questions to reveal the lies.

What Happens If You Lie About a Car Accident?

If you lie about a car accident, your version of events will be scrutinized against available evidence. Discrepancies can lead to your claim being dismissed, legal penalties for fraud, and loss of credibility. Evidence to prove the truth may result in serious consequences, including denial of insurance claims.

What Happens If A Car Accident Witness is Lying?

If a car accident witness is lying, their credibility is jeopardized once the truth is uncovered. Their false testimony can lead to legal consequences and hinder the investigation process. It may also impact the outcome of insurance claims or legal proceedings related to the accident.

What if Someone is Lying About a Car Accident? How the Lie Can Impact Your Case.

Okay, so we know that people often lie about the details of a car accident to try and minimize their role in causing it. At this point, it’s not unreasonable to think: can you sue someone for lying?

The answer is no — but that doesn’t mean it isn’t useful. The defendant’s lies can give you a strategic advantage.

See, lying about a car accident doesn’t create a lawsuit by itself. If you can prove that the defendant lied, however, it can “enhance” your case (i.e., easier to undermine the defendant’s narrative, access additional damages, etc.).

In a typical car accident dispute, one of the major challenges is proving that the defendant is liable for your injuries. In other words, proving that they are at-fault. The defendant may attempt to avoid liability by painting a favorable version of the factual narrative. This may include exaggerations and lies.

If you can point out discrepancies, there are two major impacts: 1) the court may determine that the defendant’s conduct is egregious enough to justify bonus punitive damages (which can increase your compensation significantly), and 2) it will be much easier to undermine all other statements made by the defendant, as the court will be less likely to believe them.

What Happens if Someone Lies About Injuries in a Car Accident?

When involved in a car accident, honesty is crucial, especially when reporting injuries to insurance companies. However, sometimes, one party may be lying about injuries in a car accident. This dishonesty can have significant legal implications, particularly when lying to an insurance company about an accident.

Lying About Injuries

• Impact on Claims: If a driver is lying about the extent or existence of injuries in a car accident, it can complicate the insurance claim process. Insurance companies are adept at investigating claims and can often detect discrepancies or falsehoods in reported injuries.
• Consequences for the Liar: If it’s discovered that a person is lying about their injuries, they could face serious consequences. This could range from the denial of their insurance claim to legal actions taken by the insurance company, including the demand for reimbursement of any compensation already paid.

Other Driver Lied About the Accident

• Challenges in Proving Liability: If the other driver lied about the accident details, it might create challenges in establishing liability. This is where accident lawyers become invaluable. They have the expertise and resources to uncover the truth, collect evidence, and counter false claims made by the other party.
• Role of Personal Injury Lawyers: Personal injury lawyers are skilled in dealing with cases where a party is lying about accident details or injuries. They work closely with medical professionals and investigators to ascertain the true extent of injuries and gather evidence to support your claim.

Insurance Companies and False Claims

• Insurance Fraud: Lying to insurance companies about injuries or accident details can be considered insurance fraud, a serious offense that can lead to criminal charges.
• Investigation by Insurers: Insurance companies often conduct thorough investigations into accident claims, especially when there is suspicion of false reporting. This could include medical examinations, analysis of accident reports, and scrutiny of any discrepancies in the driver’s story.

Lying about injuries in a car accident is a serious matter with significant legal repercussions. Whether you’re dealing with another driver who lied about the accident or you suspect fraud in injury claims, it’s crucial to have professional legal representation. Experienced accident lawyers and personal injury lawyers can navigate these complex situations, ensuring that your rights are protected and that justice is served in the face of dishonesty.

Ready to Sue Someone? Call 1-800-THE-LAW2 for a Free Consultation

If you’ve been injured in a car accident — whether or not you believe that the defendant is lying about the facts — you should speak to an experienced attorney about your case.

Call our team at 1-800-THE-LAW2 to connect to a qualified car accident attorney in just 10 minutes or less. Consultation is free and confidential, so there’s really no downside to having a conversation.

We look forward to assisting you.

If you’ve been involved in a car accident, then you might have heard that your accident is covered by the no-fault system. This can be confusing for many people. After all, we mostly understand that an accident can lead to a lawsuit against the defendant, but what is a no-fault accident, and what does it entail? In a no-fault accident, who pays?

No-fault accidents aren’t as complicated or confusing as they might seem at first glance. In fact, they provide foundational compensation in almost all cases! That being said, we do encourage you to contact us at 1-800-THE-LAW2 for further guidance. We’ll connect you to an attorney in our network for a free consultation to evaluate your claims and advise you on next steps.

If you’re still curious about the intricacies of no-fault accidents, continue reading to learn more.

What is a no-fault accident?

Following the average car accident, an insurance company must determine which driver was “at fault.” The insurance company of the individual determined to be at fault is responsible for covering the damages.

We consider an accident “no-fault” when the compensation does not depend on the determination of fault.

In no-fault accidents, your personal insurance provider will be responsible for paying for any hospital bills, medical expenses, or fees associated with post-accident rehabilitation. Drivers will receive compensation for associated medical expenses regardless of who caused the accident. Benefits might also cover lost wages as a result of the accident, funeral expenses, and certain replacement services.

You are most likely to experience a no-fault scenario in one of the ten no-fault states.

What is a no-fault state?

In the United States, a small minority of states impose a system known as “no-fault.” In accordance with this system, if you get into an accident, you’ll have to turn to your own insurance policy for compensation.

Which states impose the mandatory no-fault system?

A minority of states follow the mandatory no-fault system. In these states, you must turn to your own car insurance coverage for a recovery, no matter the fault of the driver. The ten current no-fault states are as follows:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New York
• North Dakota
• Utah

Beyond that, only three jurisdictions employ a hybrid system. In the hybrid system, you can choose between the different options, no-fault included. These jurisdictions are Washington, DC, New Jersey, and Pennsylvania.

In scenarios where there’s a serious injury, the cost of damages will likely meet a minimum threshold. This will allow you to move forward with a traditional car accident lawsuit and sue the defendant for damages. We’ll discuss this further below. All to say, there is almost always a way to get the compensation you really deserve following an accident.

Circumstances vary, however, so it’s worth talking to an attorney about what steps make the most sense for you.

Who pays for car damage in a no-fault state?

It is crucial to note that, in no-fault scenarios, benefits do not cover the damage to property. In such cases, the driver deemed technically at fault will be responsible for the damages.

In designated no-fault states, licensed drivers must carry property damage coverage. If your car or other property is damaged in an accident, you will need to file for compensation through the other driver’s insurance. This is a fairly standard process, and a car accident attorney can easily help.

What is a No-fault Insurance Policy?

No-fault insurance policies are often referred to as personal injury protection or PIP policies. They tend to provide minimal coverage. If you are licensed to drive in a no-fault state, you must have a PIP policy to own and operate an automobile.

If you sustain a less-than-serious injury (i.e., no-fault applies), the minor injury losses will be fully covered by your PIP benefits. In this way, no-fault protects you, so you won’t have to pay minor medical bills out of pocket.

What happens in a no-fault accident if you have sustained serious injuries?

In a minor “not at fault” collision claim, you can recover most of your losses through your insurance policy. Minor injuries may require a little more effort. Luckily, in No Fault accidents, you have pathways toward achieving the compensation you deserve.

In such instances, consider working with an attorney for proper assistance. They can advise you on how to proceed with a lawsuit.

Is there any way to bring a car accident lawsuit in a no-fault state?

Yes, it’s possible under certain circumstances, and in fact, it’s advised in many cases. If you’re involved in a no-fault car accident, then, in order to bring a lawsuit, you’ll have to qualify for one of the exceptions.

There are two primary exceptions:

1. The accident resulted in a “serious injury” as per the legal threshold or
2. The accident led to medical expenses that calculate above the legal threshold.

We’ll briefly clarify what these two exceptions entail below.

What qualifies as a serious injury?

Even in no-fault states, those who suffer serious injuries are fully entitled to sue the defendant-driver and obtain compensation.

Definitions of seriousness vary from state to state, but as a general rule, a serious injury involves significant or permanent disruptions to bodily functions, disfigurement, and other similarly severe damage. Disabilities that last as short as three months often qualify as serious. In most cases, you are free to pursue a lawsuit against the defendant if the medical expenses (linked to the accident) are greater than a specified threshold amount. This amount can be as little as $3,000 in some states, so the threshold is quite low.

In many car accident scenarios, the exception will apply, giving you the freedom to pursue a lawsuit.

In the state of New York, for example, a fracture injury is enough to qualify as “serious” for the purpose of a no-fault exception. In these cases, you can and should sue the defendant for excess damages, and will usually be successful.

What should you do if you get into a car accident in a no-fault state?

If you get into a car accident in one of the no-fault insurance states, there are a number of steps that you should take. Some of these steps are universal to all car accident scenarios, while others are specific to the no-fault dynamic. When considering what to do, be aware that your circumstances should determine your choices.

The general steps to follow are as follows:

• Secure emergency medical attention
• If not severely injured, jot down eyewitness contact information
• Avoid extensive discussion with the driver who hit you
• Avoid discussion with the insurance companies until you have hired an attorney
• Cooperate with law enforcement, though it’s better if you have an attorney
• Hire an attorney
• Evaluate your damages
• Submit your no-fault insurance claim
• If your damages are not fully covered by no-fault insurance, explore options for a lawsuit
• Negotiate a settlement to secure compensation funds
• If a fair settlement is impossible, move forward with litigation

We understand that it can be overwhelming to deal with. That’s one of the many reasons why it’s worth working with an attorney at an early stage.

Experienced attorneys provide both advocacy and guidance. They will give you clarity on next steps and will work closely with you to ensure that your best interests are protected along the way.

What if you get into an accident while traveling in a no-fault state?

If you are licensed in a state without no-fault benefits, you likely do not have PIP insurance. What happens if you get into an automotive accident in a no-fault state? 

In such cases, the no-fault system still applies. As an insured driver, you have coverage nationwide. As long as you have the legal minimum automotive insurance required by your home state, you can claim no-fault benefits after an out-of-state accident. This should be the case even if your existing insurance policy does not include no-fault benefits.

If you get into an accident while traveling in another country, the situation is more complex. Always consult legal counsel for assistance with complex legal scenarios.

Does a no-fault accident go on your record?

Yes, it will. In a no-fault state, you’ll have to submit a claim for reimbursement with your insurance company to obtain compensation. This claim for reimbursement will go on your driving record, whether or not you were actually at fault for the accident.

Bear in mind that the record for a car insurance claim is not permanent. Depending on the state jurisdiction and the severity of the accident, the claim will go on your record for anywhere from two years to five years or more. If possible, it’s worth talking to an attorney about how the claim will impact your driving record and what sort of consequences you may face as a result.

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

If you’ve been injured in a car accident, then you may have a right to sue and recover compensation under the law. Pursuing compensation isn’t always straightforward. There are twists and turns and barriers to overcome. Certainly, the insurance companies and your legal opposition aren’t going to pay without some strategic back-and-forth first.

We encourage you to take these important steps towards recovery alongside a trusted attorney.

Contact 1-800-THE-LAW2 to get connected to an experienced car accident attorney in our network. Consultation is free, and there’s no obligation to continue if you decide that it isn’t the right path for you. However, do be aware that all claims have a deadline, so it’s important that you contact us for an attorney as early as possible.

If you’ve been in a car accident, a lawyer consultation can help clear any confusion you may have concerning your potential case. After all, car accident litigation can be overwhelming for those who don’t have previous experience using the law to secure compensation.

That being said, it’s not always clear how plaintiff-victims should interact with their attorney to improve the process. How to ask your lawyer about your case can be daunting. What sort ofare the questions to ask your lawyer during the consultation?should you be asking? Let’s take a closer look.

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

Here are some car accident questions to ask your lawyer about your case. This is not an exhaustive list! They’re simply questions for lawyers that are likely to be useful as you embark on this journey.

• What is the cost of legal representation?
• What are the potential compensation outcomes for my case?
• How long do you think this case will take?
• How should I handle insurance companies and adjustors?
• What experience do you have handling similar cases?
• What case strategy will you be implementing?
• Can my case be resolved through an out-of-court alternative?
• What will you be needing from me as the case progresses?

What is the cost of legal representation?

One of the first questions to ask a lawyer after a car accident is what the cost of representation will be. When considering personal injury cases, such as those involving car accidents, it’s essential to understand the costs involved. In your initial consultation, it’s one of the critical questions to ask a car accident lawyer. Most personal injury attorneys, including those specializing in car accidents, operate on a contingency fee basis.

This means their payment depends on whether you secure compensation; you don’t pay upfront. Instead, their fee is a percentage of the settlement or judgment you receive. This arrangement also motivates your attorney to aim for the highest possible compensation since their remuneration is directly tied to your case’s outcome. In other words, it’s a win-win dynamic for the client and the attorney.

What are the potential compensation outcomes for my case?

A tricky question to ask your lawyer about in your case is what the potential compensation will be, but it’s still a question you should ask.

There is no universal rule that you can easily apply to predict the compensation outcomes in your case. Every case is different, and compensation outcomes can vary based on everything from the severity of your injuries, to the willingness of the defendant to aggressively fight the case to the bitter end.

That being said, a “ballpark” understanding of your potential compensation outcome is still very useful strategically, as it will form the basis of your compensation demand. Your attorney will work with you to identify all the losses and calculate the overall damages.

How long do you think this case will take?

Inquiring about the duration of your case is a vital part of handling your case effectively. The timeline can fluctuate based on several factors, including the defendant’s willingness to negotiate and changes in evidence or legal circumstances. As you ask your lawyer about your case over time, they will provide updated estimates on the likely duration, factoring in any settlement negotiations or shifts in the legal landscape that may expedite or delay resolution.

How should I handle insurance companies and adjustors?

Dealing with insurance companies is a key aspect of personal injury cases, especially in car accident questions. Your personal injury attorney will usually advise against direct communication with insurers, and will instead communicate with insurers on your behalf. If it’s necessary for you to interact with them, your lawyer will provide detailed guidelines on what to say to avoid compromising your case. This professional legal advice is crucial in ensuring your interactions with insurance adjustors don’t negatively impact your claims.

What experience do you have handling similar cases?

Asking about an attorney’s experience with similar cases is essential in your initial consultation. Lawyers with a history of handling comparable personal injury or car accident cases are likely more adept at navigating the specific challenges of your situation. However, newer attorneys might also bring a fresh, determined approach to your case. Balance these considerations when choosing your legal representative.

What case strategy will you be implementing?

Understanding the strategy your attorney plans to use is fundamental. During your discussions, questions to ask a lawyer after a car accident should include whether a more aggressive stance or a quicker settlement is advisable in your case. Keep in mind that legal strategies may evolve as your case progresses, so regular communication with your attorney is crucial.

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

Though most cases are settled out-of-court, there are other ways to reach a resolution beyond the traditional litigation process. Some cases have alternative, structured processes for resolving the case out-of-court: mediation, arbitration, internal appeals formats, etc. Each of these processes has its own pros and cons, so you’ll want to discuss the possibilities with your attorney in detail.

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

Attorneys can only work with the facts. To ensure that your attorney has the best chance of success, you’ll want to make sure that you’re able to get them all the documentation and evidence they need as the case progresses.

So, a question to ask your personal injury lawyer is what you will need for them to move this type of case forward. This is crucially important, as your attorney may not be privy to all the details. Be comprehensive in communicating all the details so that they know what documentation and evidence to ask you about.

Questions that car accident attorneys may ask their clients

• What are the case details?
• What documentation do you have access to? Is there medical documentation?
• Did you suffer any severe or permanent injuries (for example, brain injury or spinal cord injury)?
• Do you know the insurance policy limits of the at-fault driver?
• Do you have UIM (underinsured motorist coverage) on your vehicle insurance policy?
• Have you already secured medical assistance for your injuries? Remember, some injuries (like whiplash) can take weeks or even months to surface.

What are the case details?

During your initial consultation, your attorney will need a complete picture of what happened. It’s crucial to give them every detail about the incident, even those that might not seem important or could be uncomfortable for you. This information is vital for handling your case effectively. Your lawyer will use these details to build a strong argument on your behalf and offer you the best legal advice.

When you meet with your lawyer, it’s important to tell them everything about your case. Don’t leave out any details, even if they make you look bad. Your lawyer’s job is to understand your story and use the facts to support your case. Remember, they are there to help you, so being honest and giving them all the information, even the not-so-good parts, is really important.

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

Your attorney will ask about the types of documentation you have, especially medical records. These documents, including medical bills and health records, play a big role in proving your case. They help show the extent of your injuries and the financial impact they’ve had. Make sure to bring all relevant documentation to your initial consultation, so your lawyer understands the full scope of your situation.

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

In personal injury cases, the severity of your injuries greatly affects the case. Your lawyer will ask detailed questions about any major or long-term injuries you’ve suffered, like brain or spinal cord injuries. These types of injuries can significantly increase the value of your case and the compensation you might receive.

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

Understanding the insurance policy limits of the person who caused your accident is critical for your lawyer. This information helps in strategizing your case and in understanding how much compensation might be available. If the at-fault driver is uninsured or underinsured, your attorney will explore other avenues, such as your own insurance, to cover your damages.

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

Your attorney will inquire about your own insurance coverage, including UIM. This is important in cases where the other party’s insurance is not sufficient to cover your damages. Knowing your insurance details helps your lawyer in handling your case and maximizing your potential compensation.

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

It’s important to discuss any medical treatment you’ve received with your lawyer. If you haven’t seen a doctor yet, they will likely advise you to do so. This is not just important for your health, but also for your case. Delaying medical treatment can be used against you in court. Documenting your injuries and treatment is essential for proving the impact of the accident on your life.

Talk to a lawyer for free about your case

If you’ve been injured in a car accident, don’t just sit on your claims. There are questions you can ask your lawyer about your case. Take action.

Potential compensation is just a phone call away. Talk to an experienced lawyer today about your auto accident case.

Ready to get started? Call us at 1-800-THE-LAW2 to get connected to a lawyer in our network. Consultation is free and confidential, so don’t delay!

FAQs – Frequently Asked Questions

What are some tips on vehicle accident lawyers?

Vehicle accident lawyers have a number of characteristics that can help improve the likelihood of success in a lawsuit. Great lawyers are experienced, communicative, focused, and transparent. As a plaintiff, it’s especially important to have a communicative and transparent attorney, as they will keep you in the loop and will give you opportunities to provide guidance on how you’d like the case strategy to be implemented.

How do you win a collision case?

In every case, whether it centers around a car collision or not, to win, you’ll need to show that you have suffered damages and that those damages were caused by the defendant’s negligent, reckless, or intentional behavior. That’s the simple recipe for liability in a personal injury case, including collisions. Prove those elements, and you’ll be entitled to monetary compensation.

Having a personal injury attorney in your corner can help with everything from insurance adjusters to police reports. They practice law so that you don’t have to.

How do lawyers decide to take a case?

Lawyers each have their own decision-making considerations, so you may find that one lawyer is willing to take on your case while a different lawyer is not willing to do so. That being said, there are some common factors that most lawyers consider to be important when evaluating whether to take on a case.

Generally speaking, a lawyer will want to take on your case if they believe that the claims are legitimate, that there are regulations and/or case law that support your claims, that the damages are significant enough to make it worth their time and energy, and that the defendant would be willing to settle.

How often should I hear from my attorney?

Your attorney should keep you in the loop, but how often they contact you will vary from case to case. Some cases move quickly and require heavy client input. In those situations, your attorney may contact you to discuss possibilities several times a week.

Other cases move slowly, and there may be waiting periods while the court processes files or while the opposing side considers your settlement requests. In those situations, your attorney may not have to contact you more than once every two weeks for a quick update.

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

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

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

Should I Call an Attorney After a Car Accident?

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

1. Positive for your health and well being
2. Maximized accident compensation
3. Protection from the insurance company
4. Meeting legal deadlines

1. Positive for Your Health and Well-Being

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

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

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

2. Maximizing Your Compensation

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

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

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

3. Protecting You From the Insurance Company

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

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

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

4. Meeting Legal Deadlines

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

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

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

What Does it Mean to Retain a Lawyer?

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

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

When to Hire an Attorney After a Car Accident

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

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

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

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

When Do you NOT Need an Attorney after an Accident?

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

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

How Much Does it Cost to Retain a Lawyer?

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

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

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

What is a Contingency Fee?

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

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

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

What are the Qualities of the Best Car Accident Lawyer?

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

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

The best car accident lawyers:

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

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

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

In the United States, car accidents are not uncommon.

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

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

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

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

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

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

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

Which US City Has the Most Car Accidents?

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

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

What Causes the Increased Accident Risk?

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

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

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

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

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

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

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

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

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

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

Which State Has the Best Drivers?

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

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

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

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

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

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

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

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

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

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

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

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

We look forward to assisting you.

Injured in a rear end collision? You’re not alone. According to one study, rear-end collisions account for approximately 29 percent of all motor vehicle accidents causing serious injury. Additional statistics from the Insurance Information Institute reveal that rear-end crashes are responsible for more than seven percent of all traffic-related fatalities and almost 20 percent of those fatalities arising from accidents involving two vehicles.

If you get rear-ended, it’s important to explore your legal rights. At the very least, it’s worth speaking to an attorney for a quick case evaluation. Call 1-800-THE-LAW2 for a free consultation with an experienced rear end collision attorney. If you’d like to learn more, however, keep reading! 

This article can help you to answer:

1. What happens to your body when you get rear-ended?
2. What is the most common injury in a rear end collision?
3. What is the recovery time after rear end accidents?
4. Can a car be totaled from a rear end collision?
5. Why didn’t the airbags deploy in the wreck?
6. I got rear-ended, how much money will I get?
7. How do I find a good rear end collision lawyer near me for a free consultation?

Common Rear-End Collision Injuries

Victims in motor vehicle accidents can suffer from several different injuries. They can range from minor to severe, and sometimes even fatal. Some injuries, such as back and neck injuries, are particularly common in rear-end collisions. Consider the following: 

• Whiplash
• Back Injuries 
• Spinal Cord Injuries, or SCI
• Traumatic Brain Injuries, or TBI
• Internal Organ Damage
• Broken and Fractured Bones
• Post-Traumatic Stress Disorder, or PTSD

Whiplash

Whiplash is the most common type of injury arising from a rear-end accident. The speed and force of the car coming from behind suddenly and unexpectedly hitting your vehicle can cause your neck to forcefully and quickly be snapped forward and then backward again.

Unfortunately, the human neck wasn’t designed to withstand this kind of strength and force. As such, the soft tissues in and around the neck can become strained or sprained. This is called whiplash. Whiplash injuries can take several months to heal, and they limit mobility and may require physical therapy.

According to the National Safety Council, up to 80 percent of people diagnosed with whiplash have pain and soreness that lasts longer than a week, and 50 percent report that it lasts over a year. 

Back Injuries

Rear-end accidents also expose your back to impact forces. Even rear-end accidents that occur at low speeds can lead to serious back pain and other problems. Bulging, compressed, or slipped discs and muscle strains are common. Soreness, pain, and mobility issues can last for weeks or even months after this type of accident.

Spinal Cord Injuries, or SCI

Since the spinal cord is protected within the vertebral column, it can also suffer injury in a rear-end accident. The spinal cord is at risk for various types and severities of injuries, including bruises, cuts, and even complete severing. Severe SCIs, or spinal cord injuries, can lead to temporary or permanent paralysis of some or all limbs. It can potentially change someone’s life forever. 

Traumatic Brain Injuries, or TBI

Some people who have been involved in a rear-end accident may suffer mild head or brain injuries, such as a concussion. Others may have life-threatening or life-altering TBI, or traumatic brain injuries, as the head is accelerated due to the force of the crash.

When too much force is exerted on the brain, it can be jostled around and damaged from the inside, due to impacting the skull itself. Unfortunately, those who survive a TBI, or traumatic brain injury, may experience lasting health issues, such as seizures, personality changes, depression, and more. 

Internal Organ Damage

After a rear-end accident, your internal organs will likely be bruised and swollen. During the accident, they can also be penetrated by foreign objects or broken ribs, which may significantly damage internal organs.

The physical force of the crash can send your internal organs slamming forward into your rib cage. While they don’t have very far to move, the force is severe. Commonly injured organs in high-speed accidents include the lungs, spleen, liver, kidneys, and even the heart.

A potentially severe internal organ damage or injury that can occur during a rear-end collision is a rupturing of the bowels. If the intestines are torn, pierced, or otherwise stressed by injury, bile, and bodily waste can leak into the torso, potentially causing serious infection, sepsis, and even death. 

Broken and Fractured Bones

The extreme force of a rear-end car accident can also cause bones to break. Although seatbelts stop your body from continuing to move forward, the impact of the seatbelt on the body can fracture bones such as your ribs, clavicle, or pelvis. 

However, those not wearing a seatbelt are much more likely to sustain broken bones from the impact of hitting the windshield, the hood of the car, or even the pavement on the road. In addition, if any part of the body hits the dash or the seat, you may fracture your arms, wrists, legs, shoulders, ankles, and more.

Broken bones take several weeks or sometimes months to heal and may require surgery and physical therapy.

Post-Traumatic Stress Disorder, or PTSD

Sometimes the most traumatic injuries are invisible. Accident victims can suffer from mental and emotional issues, including post-traumatic stress disorder (PTSD). Even though the symptoms may not be visible, getting treatment and working towards recovery is imperative.

However, just like physical injuries, treatment and recovery require time and money. Some people with PTSD arising from a motor vehicle accident may need months or years to recover, while others may never fully recover.

Sometimes, the most traumatic injuries are invisible. Even though the symptoms may not be visible, getting treatment and working towards recovery is imperative.

Many other types of injuries can also result from rear-end accidents. These injuries can be quite costly and often require a lengthy recovery which may keep victims from returning to their jobs anytime soon. 

How Long Does it Take to Recover from a Rear-End Collision?

Since the injuries suffered in a rear-end vehicle accident can vary so much in type and severity, there’s unfortunately no one-size-fits-all answer for how long it takes to recover from these accidents. More severe and extensive injuries require a longer recovery time. By contrast, bumps, scrapes, bruises, and some soft tissue injuries will heal more quickly. 

Rear-End Collision Vehicle Damage

Vehicle damage after a rear-end collision often depends on the types of vehicles involved in the accident and the speed they were traveling when one hit the other. Unfortunately, damage after this type of accident is often difficult for the layperson to notice. Common rear-end collision vehicle damages include: 

• Alignment and suspension problems 
• Engine and transmission damage 
• Frame damage 
• Electrical problems 
• Trunk damage
• Cosmetic damage 

Property damage claims for rear-ended vehicles can be quite high, and many cars may become total losses once the insurance company performs its calculations. Repair costs for rear-end collisions can range from a few hundred dollars to thousands of dollars, depending on the type and extent of damage to the vehicle.

Why Didn’t the Airbags Deploy in My Rear End Collision?

Airbags are one of the most critical safety features in vehicles. However, their effectiveness in rear-end collisions isn’t guaranteed. Airbags may not deploy in a rear-end collision if the crash sensors for your car model are only located on the front and sides. 

Generally speaking, airbags are designed to keep vehicle occupants from hitting the dashboard during a collision. This doesn’t occur when the car gets rear-ended. 

I Got Rear-Ended, How Much Money Will I Get?

Getting rear-ended can lead to both minor inconveniences and life-altering changes. The question often asked, especially when getting rear-ended while stopped, is, “What settlement will I receive?” The settlement amount for a rear-end collision varies widely based on several factors, including injuries, vehicle damage, and more.

Understanding Rear End Collisions and Settlements

Rear-end accident cases can be quite complex, and it’s essential to understand the various elements that contribute to the settlement:

• Severity of Injuries and Damage: Some collisions result in only minor cosmetic damage, while others cause catastrophic injuries. The more severe the injury or damage, the higher the rear-ended car accident settlement.
• Type of Damages: In a personal injury claim, damages are categorized into:
  • Economic Damages: These have an objective value and include:
    • Medical bills: past and future expenses for treatment, rehabilitation, prescriptions, etc.
    • Lost wages and income: past and future losses.
    • Property damage: including damage to the vehicle in front.
  • Non-Economic Damages: These don’t have an objective value and include:
    • Pain and suffering.
    • Scarring and disfigurement.
    • Mental anguish.
    • Humiliation.
    • Loss of enjoyment of life.
    • Loss of consortium.

What to Do When You Get Rear Ended

If you find yourself in a rear-end accident, here’s a step-by-step guide:

1. Check for Injuries: Ensure the safety of all parties involved. Seek emergency medical assistance if necessary.
2. Contact Authorities: Report the incident by calling the police.
3. Document the Scene: If possible, take photos and gather witness information.
4. Avoid Insurance Companies Until You Have Spoken to an Attorney: Though you may need to notify your insurance company about the incident, do not engage in conversation until you have spoken to an attorney, first. The statements you make to your insurer could be used against you.
5. Seek Legal Help: Contact an experienced car accident attorney.

Average Settlement and Specific Cases

Understanding the average settlement for rear-end accidents can be challenging, as every case is unique. Factors like getting rear-ended while stopped settlement amounts differ from cases where both parties are in motion.

• Car Accident Hit from Behind Settlement: This often involves dealing with insurance companies and can result in different payouts depending on circumstances.
• Rear End Accident Settlement: This encompasses a broad range of cases and is best assessed with the help of an attorney.

Consult an Experienced Attorney

The best way to understand the potential payout for your specific rear-end accident is to consult an experienced car accident attorney. They can evaluate your accident and injuries, considering all relevant factors, including medical bills and insurance coverage, and provide an estimate of what the rear end accident settlement might be.

Speak with an Experienced Rear-End Collision Attorney Today

You should speak to an experienced rear-end collision attorney today for guidance on next steps, and to maximize your potential recovery. We encourage you to get in touch with a personal injury attorney by phone at 1-800-THE-LAW2 or online with our contact form. We’ll get you connected to an attorney who will evaluate your injury claim and discuss the legal possibilities. Consultation is free, so there is no need to delay!

FAQs – Rear End Collision Frequently Asked Questions

What is the average payout for a rear end collision?

There is currently no data available for “average” payouts, but be aware that every accident case is different. The value of your case, and thus, the potential payout, will vary depending on how much loss you’ve sustained. 

For example, if you get paid $70,000 a year as a construction worker, and the rear-end collision causes injuries that force you to take a year off of work, then you have a $70,000 claim for wage loss alone! That’s not even including the damages you could claim for your medical expenses, pain and suffering, and other losses.

What kind of damage can a rear end collision cause?

Victims in motor vehicle accidents can suffer from several different injuries. They are: whiplash, back injuries, spinal cord injuries or SCI, traumatic brain injuries or TBI, internal organ damage, broken and fractured bones, and post traumatic stress disorder or PTSD.

Find a brain injury lawyer or whiplash attorney near you today.

Can a rear end collision cause frame damage?

Damage after rear end collisions depends on motor vehicle types and speed during the auto accident. Rear end collisions can cause frame damage. Other types of common rear end collision damages are: problems in suspension and alignment, transmission and engine damage, electrical problems, and trunk and cosmetic damage.

How Do I Know Who is The At-Fault Driver?

Determining the at-fault driver in a car accident, especially in rear-end collisions, can be a complex process. Here’s a general guide to understanding who may be at fault:

1. Understanding Traffic Laws: Often, the driver who rear-ends another vehicle is considered at fault, as traffic laws typically require drivers to maintain a safe following distance. However, this isn’t always the case, and exceptions can apply.
2. Examining the Evidence: Collecting evidence at the scene, such as photographs, witness statements, and police reports, can provide crucial information in determining fault.
3. Police Reports: Law enforcement officers called to the scene will usually make an official report that may include a determination of fault. This report can be a vital piece of evidence in legal proceedings.
4. Insurance Company Investigation: Both parties’ insurance companies will investigate the incident to determine fault based on the evidence provided and the specifics of the incident.
5. Consulting an Attorney: Where fault isn’t clear, a personal injury lawyer or car accident attorney can help identify potential legal fault. They can conduct an independent investigation and coordinate with accident reconstruction experts if needed.
6. Special Circumstances: Sometimes, the driver in front may be at fault if they were acting negligently, such as abruptly stopping without cause, failing to maintain proper brake lights, or reversing unexpectedly.

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

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

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

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

Pull Over Safely and Turn Off Your Car 

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

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

Seek Medical Attention 

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

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

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

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

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

Collect Contact Information and Evidence 

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

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

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

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

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

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

Talk to A Car Accident Attorney 

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

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

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

Be Wary of Insurance Company Tactics 

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

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

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

Seek Legal Representation Today 

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

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

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

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

How is Fault Determined in a Sideswipe Accident? 

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

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

Can You Get Whiplash from a Sideswipe? 

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

Other possibilities for physical trauma include:  

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

What are Common Causes of Sideswipe Collisions? 

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

The most common factors influencing sideswipe collisions include:

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

4 Leading Causes of Sideswipe Car Accidents

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

• Merging
• Speeding
• Changing Lanes
• Road Rage

Merging 

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

Speeding 

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

Changing Lanes 

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

Road Rage 

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

Steps to Take After a Sideswipe Incident 

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

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

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

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

Contact an Experienced Car Accident Attorney Today 

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

Frequently Asked Questions About Sideswipe Accidents

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

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

What is a sideswipe collision or accident?

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

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

Why are sideswipe accidents dangerous?

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

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