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 does a no-fault accident entail? In a no-fault accident, who pays?

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

But let’s continue.

What is no-fault car insurance, and how does a claim work?

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. You are not entitled to sue the defendant for compensation, even if they are at-fault. This is quite different than the standard system, as a no-fault case ignores liability.

Quick note: no-fault insurance policies are often referred to as personal injury protection, or PIP policies. They tend to provide minimal coverage.

In a minor “not at fault” collision claim, you can recover most of your losses through your insurance policy. Where the system doesn’t quite work is if you have suffered serious injuries that require more than “minor” compensation. Fortunately, there are legal pathways to a full recovery, but you’ll want to work with an attorney for proper assistance on how to proceed with a lawsuit. Simply accepting the no-fault path could result in you recovering as little as $20,000 for a $100,000+ claim — so don’t resign yourself to the no-fault option!

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.

Confused? Don’t be! We’ll briefly clarify what these two exceptions entail.

Consider the “serious injury” threshold. Even in no-fault states, those who suffer serious injuries are entitled to sue the defendant-driver and obtain compensation. The essential issue is whether the injuries qualify as serious.

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. And 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.

Now consider the “medical expenses” threshold. In some no-fault states, 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 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 freedom to pursue a lawsuit.

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. So without further ado, here are some general steps to follow:

• 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

Phew, that’s a lot to keep in mind! We understand that it can all be a little bit 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.

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.

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 drivers. This can be limiting, but there are many exceptions to these limitations, so it’s important to pursue your claim to the fullest extent regardless of the state you’re in. The no-fault states are as follows:

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

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, you’ll likely want to move forward with a traditional car accident lawsuit. Circumstances vary quite a bit, however, so it’s worth talking to an attorney about what steps make the most sense for you.

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!

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 2020, there were 35,766 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!

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.

Ranking the Most Dangerous States

We’ve gone ahead and collected national traffic data, by which we’ve ranked states based on the number of accidents per 100,000 vehicles. This is annualized data, so all numbers are for a single year. Here’s what the data tells us are the top five most dangerous states in the USA to drive in:

1. Mississippi — 30.1 accidents per 100,000 vehicles.
2. South Carolina — 20.7 accidents per 100,000 vehicles.
3. New Mexico — 20 accidents per 100,000 vehicles.
4. Louisiana — 18.5 accidents per 100,000 vehicles.
5. Arkansas — 17.3 accidents per 100,000 vehicles.

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, leads to a greater risk of car accidents. 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 Baton Rouge, Louisiana, coming in at 24.9 accidents per year (per 100,000 vehicles). That accident rate is substantially more than most cities. There are a number of reasons as to why the accident rate is so high in Baton Rouge, though experts seem to point to two primary issues: 1) the high numbers of drunk (and drugged) drivers in the city, and 2) the lack of public funds for road maintenance, which has led to a significant deterioration in the quality of the roadways.

Sadly, it doesn’t appear like the trend will reverse anytime soon, as the issues giving rise to the high occurrence of car accidents are not being resolved. Public spending on roadway maintenance continues to be inconsistent at best. And to make matters worse, Louisiana has a high percentage of uninsured drivers, coming in at 11.7%! This means that if you get in an accident in Baton Rouge, there’s a good chance that you’ll be dealing with a difficult compensation scenario.

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

Across the United States, data shows that 12.6% of drivers (about one in every eight drivers) are uninsured. An even larger number of drivers have “inadequate” insurance to cover all your 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 have sufficient insurance coverage.

Which State Has the Best Drivers?

Out of all the states, Minnesota ranked best, with just 6.1 accidents per year (per 100,000 vehicles). In fact, their drivers are so “effective” at minimizing the risk of accidents, that it’s roughly five times safer to drive in Minnesota than it is to drive in Mississippi. This is despite the fact that Minnesota has dangerous winter roadway conditions that “should” contribute to a higher accident rate.

So why does Minnesota have such a low accident rate? We can only speculate, but it’s likely based off multiple factors: 1) the state spends a substantial amount of public funds (and regulatory attention) on roadway development/maintenance; 2) the state is relatively urbanized despite its moderate population; and 3) the state has high rates of licensure, as well as relatively high education and income levels.

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 2020, there were 11,654 motor vehicle fatalities associated with drunk driving. That’s 32 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, and 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 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.

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 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 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. 

What to do after a drunk driving 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 amount 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. 

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. 

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. 

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 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. What sort of questions should you be asking? Let’s take a closer look. 

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

Here are some questions to ask your lawyer about your accident 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? 

The cost of legal representation differs from attorney-to-attorney. As a general rule, however, plaintiffs’-side personal injury attorneys (which includes car accident attorneys) work on contingency. Contingency fees are unique in that they are only paid out to the attorney if they secure compensation on your behalf. In other words, you only pay if you “win.” It costs nothing out-of-pocket. 

Further, the payment comes out of your winnings. It’s a percentage fee. This means that your attorney is incentivized to work efficiently to secure you the maximum possible compensation amount, as they’ll get more money by doing so. 

What are the potential compensation outcomes for my case? 

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? 

This is a good question to ask, but it’s not a “one-time” question. You’ll want to check-in with your attorney on this over time. See, as the case develops, your attorney will gain a clearer understanding of how much longer the case is likely to take to resolve. 

This is because the defendant may be more or less willing to reach a settlement at various points in litigation. Perhaps at one point, they believe that they have a stronger case and are acting hostile. This could delay the resolution. Later, after you introduce evidence that further supports your claims, they might be more willing to finalize the case through a pre-trial settlement. This could speed up the resolution. 

How should I handle insurance companies and adjustors? 

Your attorney will almost certainly tell you not to communicate with insurers at all. That’s their job. If for whatever reason they feel you should be in direct communication with an insurer, they’ll provide guidance on what you can-and-cannot say. This will avoid any undesirable disclosures that could weaken your claims. 

What experience do you have handling similar cases? 

Before you hire an attorney, it’s a good idea to ask about their litigation experience. Attorneys who have litigated similar cases are more likely to understand the nuances of the case and the strategies that are going to be effective. That being said, inexperienced attorneys can sometimes be a strong choice, as they are “hungry” for a win and may invest significantly more time and resources into your case. Choose wisely! 

What case strategy will you be implementing? 

This is a fine question, and it’s important to always be kept in-the-loop regarding your case. For example, you will want to let your attorney know whether an aggressive case strategy (requesting a high settlement amount and not budging from the original request) is okay with you. Perhaps you’d rather settle for a lower amount and have the case resolved early. These are strategic aspects you should discuss with your attorney, as it’s important to be on the same page as them. Do be aware, however, that the legal strategy can change substantially as the case develops over time. 

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

Though most cases can be settled out-of-court, there are other ways to reach a resolution beyond the traditional litigation process. Some cases that have alternative, structured processes for resolving the case out-of-court: mediation, arbitration, internal appeals formats, etc. Each of these processes has their 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. 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? 

Though most attorneys will conduct their own independent investigation into the facts, they depend heavily on the factual narrative that you provide them. During the attorney consultation, be honest and comprehensive in telling them the narrative of your case. Tell them all the details, even the ones that may paint you in an unfavorable light. Your attorney is your advocate. It’s their job to take all the facts and reorient them in a way that makes your claims look favorable to a court of law. 

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

There’s a variety of documentation that may help to support your claims, from work-related documentation to medical documentation. These are invaluable, as they can define both liability and damages in your case. Consider medical documentation, for example. You’ll want to gather all relevant documentation, from daily health journals to documentation centered around medical prescriptions, to diagnostic evidence collected from x-rays, MRI tests, and any other diagnostic tests. 

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

You can recover damages for a variety of injuries, but your attorney is likely to evaluate just how extreme the injuries are first. Permanent and severe injuries can drive up the value of a case significantly, so they’re a good place to start assessing the potential compensation outcomes of your claims. Don’t be surprised if your attorney focuses on defining the extent of your injuries at first. 

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

Insurance policy limits can be a key factor in determining case strategy. If the at-fault driver has no insurance, for example, then you may have to explore submitting a claim through your own UIM policy, or suing third-parties who are partially liable and do actually have insurance coverage. 

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

UIM coverage may not be necessary, depending on your case, but it’s still useful information to know. As the case develops, multiple parties could be involved, some of whom may not have insurance coverage. Knowing the details of your UIM policy is critical, as it will give your attorney a clearer understanding of how best to position your claims to maximize your compensation. 

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

Seeking medical assistance early is invaluable for maximizing your likelihood of success. That’s because the defendant may attempt to argue that your avoidance of medical assistance worsened the injuries. They may also attempt to argue that your avoidance of medical assistance proves the injuries weren’t “that bad.” Be aware that many injuries are hidden and non-obvious, so it’s good policy to simply get some diagnostic tests done even if you aren’t sure that you’re injured. 

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. 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. 

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 do 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 supports 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 in 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 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.

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 accidents, even seemingly minor ones, can leave victims with serious injuries and 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 and to pursue getting them is by retaining an attorney, especially an attorney highly experienced in 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 experienced 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 see if you have a case.  

Four Reasons to Retain 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

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, getting your medical records, negotiating with the other side, or 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, including any settlement offers you receive. Ultimately, legal representation saves you loads of time, energy, and frustration. 

Maximizing Your Compensation 

As they investigate and build your case, an experienced 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. See, your attorney will highlight the strengths in your case and 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. 

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.  

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 and will 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 and what they mean for your claim.  

What Does it Mean to Retain a Lawyer? 

When you retain an attorney, you hire them to represent you in a specific matter, such as a 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.  

How Much Does it Cost to Retain an Attorney? 

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 Iif 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 sensitive to the fact 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. Instead, once their attorney successfully settles the case or obtains a court award, the attorney receives a percentage of that compensation. 

The contingency fee is pre-determined and written into the contract that is signed when the client retains the attorney. Do bear in mind 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 good lawyer is imperative to getting the compensation you deserve and 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 

When Do you NOT Need an Attorney after an Accident? 

Even if no injuries are present and you feel fine after a car accident, it is ALWAYS a good idea to speak to an attorney and get a second medical opinion or even 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 a seasoned attorney who can tell you if you have a viable claim worth pursuing. Simply put, getting legal advice is never a bad idea.  

Questions about Retaining an Attorney after a Car Accident? Speak with a Skilled 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 to determine if you have a valid legal claim, and how to go about next steps. 

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.

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

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

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

Do You Have to File a Claim After an Accident?  

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

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

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

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

Car Insurance Claim Time Limits

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

Texas Statute of Limitations For Car Accident Claims

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

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

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

California Statute of Limitations For Car Accident Claims

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

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

Exceptions to the Statute of Limitations in California

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

The Claims Process

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

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

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

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Call a Trusted Car Accident Attorney Today

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

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

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

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

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

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

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

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

Do You Have to File a Claim After an Accident? 

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

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

How Long Can a Car Insurance Claim Stay Open? 

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

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

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

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

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

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

Can You File a Claim Right After Getting Insurance? 

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

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. 

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 attorneys are very familiar with handling false statements by defendants, and understand how to draft probing investigative questions to reveal the lies. 

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. 

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. 

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

What Can Claimants Do to Fight for Fair Compensation? 

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

Why Do You Need a Lawyer? 

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

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

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

What Are the Responsibilities of Personal Injury Lawyers?

The responsibilities of personal injury attorneys include: 

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

Is it Better to Settle or Go to Trial? 

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

These benefits include: 

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

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

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

The Settlement Negotiation Process 

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

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

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

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

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

What Happens at a Settlement Meeting? 

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

Speak with an Injury Lawyer Today 

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

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

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

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

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

How Much Can Someone Sue for in a Car Accident? 

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

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

Typical Car Accident Settlement Amounts

Car accident settlement amounts depend on many other factors: 

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

What is Your Claim Worth? 

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

Assessing Economic Vs. Non-Economic Damages

What Are Examples of Economic Damages?

Economic damages include: 

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

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

What Are Non-Economic Damages?

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

What Are Examples of Non-Economic Damages?

Non-economic damages include: 

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

How Much Does it Cost to Sue Someone? 

Nothing. 

Zilch. 

Zero. 

NO OUT OF POCKET COSTS. 

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

Why Is My Car Accident Settlement Taking So Long?

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

How Long Does a Car Accident Settlement Take? 

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

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

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

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

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

What Does a Car Accident Lawyer Do? 

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

Car accident lawyers can do the following: 

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

How Do I Find the Right Car Accident Lawyer? 

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

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

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

What to Look for When Hiring a Car Accident Lawyer 

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

• Reputation
• Practice experience
• Fee arrangements
• Communication style and personality
• Strategy

Reputation

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

Practice Experience

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

Fee Arrangements

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

Communication Style and Personality

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

Strategy

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

Characteristics of an Excellent Car Accident Attorney 

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

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

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

Are You Looking for the Best Car Accident Attorney? 

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

Questions that this article will help to answer: What is the cost to hire a car accident attorney after a crash | What is a contingency arrangement | How does a contingency arrangement work | What contingency fee percentage should I expect | What are the benefits to hiring a car accident lawyer based on a contingency plan | Why seek assistance after a car crash with a car accident attorney

If you’ve been injured in a car accident, chances are that you’ve at least considered the possibility of working with an attorney. You may have medical bills, lost wages, and property damages, and an attorney can help you recover compensation to cover all these different losses. 

Many injured accident victims avoid legal assistance, fearing that it will be extremely costly. This could not be further from the truth!  In most accident-related cases, it costs nothing to sue, as it is based on a contingency fee arrangement. So you don’t need to worry that you don’t have expendable cash in hand. 

Curious?  Call us at 1-800-THE-LAW2 to get connected to an attorney for a free consultation today. For now, let’s explore some of the basics of hiring a car accident attorney. 

What is the Cost to Hire a Car Accident Attorney After a Crash?

Hiring an attorney for your motor vehicle accident claim does not cost anything up front. First, most personal injury, or accident, law firms offer free consultations to get started. Using this, you can get a fresh, professional perspective on your case. And, know how to best move forward. 

Secondly, in personal injury disputes, attorneys offer “contingency-based” arrangements. This creates a win-win situation for both the injured individual, as well as the attorney. 

What is a Contingency Arrangement?

A contingency basis, or contingency fee arrangement, means that the lawyer gets paid when the job is done, and the client is paid for their pain, suffering, and damages. The American Bar Association defines a contingency fee as, “The lawyer agrees to accept a fixed percentage (often one third) of the recovery, which is the amount finally paid to the client.” 

Put simply: the attorney gets paid only when the client secures compensation. If the client doesn’t get paid, the attorney doesn’t either. This creates a dynamic where the attorney is incentivized to do the best possible work, and do it efficiently. The more that you, as the injured victim, get through compensation, the more that the attorney gets paid, as they get paid a percentage cut of your total compensation.

How Does a Contingency Arrangement Work? 

The client and attorney agree to the “percentage of the outcome” the attorney will receive once they earn an award for their client. They also agree as to how legal expenses will be handled during litigation. Expenses including:

• court filing charges
• travel costs
• and witness fees

Your attorney will generally pay for these extra expenses, though you’ll want to double-check the client-attorney agreement to ensure that this is the case. You can discuss the details more during the initial consultation.

What Contingency Fee Percentage Should I Expect?

In most personal injury cases, contingency fee percentages hover around 33%. Many agreements are based on a sliding scale percentage, however. The percentage will, therefore, shift depending on:

• The expected payout
• How long it takes to resolve the claim
• And the phase of litigation

For example, if the attorney takes a personal injury case, and is easily able to obtain a satisfactory settlement with insurance adjusters in a brief time, they may only charge 25%. If an attorney needs to litigate and the case begins to take on more time and effort, the percentage due will slide up and move to 33%.  

It is important to note that minimum and maximum contingency fees may vary depending on:

• State laws in which the client lives
• Where the attorney practices
• Extent of the damages
• Expected recovery amount
• Complexity of the incident
• Experience of the attorney

Benefits to Hiring a Car Accident Lawyer Based on a Contingency Plan

Many injury victims struggle with stress and anxiety after an accident. They may have lots of bills to pay that they simply don’t have the money to cover, and post injury lifestyle changes can be difficult to adapt to as well. 

A reliable, experienced attorney can alleviate the stress of dealing with insurance companies and bill collectors. Attorneys have the resources to help you obtain the care you need for your injuries, and even the repair work needed for your vehicle.  

Hiring based on contingency means there will be no immediate out of pocket legal costs and you will not be billed unless the attorney wins the case. A contingency plan motivates the attorney to do their best, because if they do not do their job, they will not get paid. The risk to you is low, but the potential payout can be high.

Seek Assistance After a Car Crash With a Car Accident Attorney

Did you suffer injuries in a car crash? An experienced car accident attorney can help you recover compensation for your injuries. Call 1-800-THE-LAW2 to find a car accident attorney in your area.  Consultation is free and confidential, so don’t delay!

Fault or liability in a car accident is dependent on determining whose carelessness or negligence is to blame for the accident.

After an auto accident there are two defenses that need to be weighed. They determine the degree to which either driver is at fault for the crash, as well as how much monetary compensation each driver will provide to cover damages. The two defenses are:

1. Comparative negligence
2. Contributory negligence

Comparative Negligence

Essentially comparative negligence ascribes a percentage of the blame to both parties.

For example if Jane and John get into an accident, John may claim that Jane rear-ended him in a collision, and therefore owes him compensation for the damage to his vehicle.

Jane may counter with a comparative negligence defense, stating that John was illegally double-parked and his car should have never been in her lane, saddling him with some of the responsibility.

When the case reaches trial the jury may find that John sustained $10,000 worth of damages to his car, but was also 40% liable for the accident. Comparative negligence rules deem that Jane must pay John $6,000 in damages ($10,000 less the 40% he is responsible for).

Contributory Negligence

Contributory negligence which is followed in Alabama, Maryland, North Carolina, Virginia and Washington D.C, states that if the defendant can prove any percentage of liability on the plaintiffs behalf, the plaintiff loses all rights to compensation.

Were you hurt in a car accident? If so, you may have a legitimate legal claim. We encourage you to speak with an auto accident lawyer as soon as possible. Call 1-800-THE-LAW2 to get connected to experienced, local accident attorneys near you.

Determining Fault in a Car Accident in the United States

Whether your state follows contributory negligence rules or comparative negligence rules, there are do’s and don’ts of fault accident laws. They are:

• Stick to the facts
• Stay calm
• Collect evidence
• File a police report

Stick to the Facts

Even if you really believe that it was your fault, keep it to yourself. Stick to the facts in your conversations with the other driver and the passengers.

Resist any desire to admit that the accident was your fault. If the other parties or witnesses try to provoke you into admitting wrongdoing, step away until the authorities arrive. The last thing you want is to be caught on video or tape admitting fault, apologizing, or recounting any wrongdoing on your part.

Stay Calm

Remain calm and respectful at the scene of the accident. Whether or not the accident was your fault, try to help any victims and respect the other party. Keeping the situation under control signals to witnesses and authorities that you are responsible and will ultimately help determine who is at fault more easily.

Gather Physical Evidence of the Accident

Gather evidence at the scene with your phone. Take pictures of the accident, as well as videos. Look for street signs or the layout of the roadways and document everything you can. This will help your insurance company, and your attorney, determine who is at fault.

Filing a Police Report

Police don’t always come to the site of car accidents. If your collision is big enough, an officer will probably have to make some sort of official report. Be sure to get the names of officers at the scene, the precinct number, and even their badge number. Ask them how to get access to a copy of the report when it is ready. The report will definitely be a factor in determining who is at fault by the insurance companies on all sides.

Insurance Companies and Investigations

Insurance companies will carry out their own investigations, but the more information you can provide, the better the chance of a favorable outcome. If dealing with insurance companies is too intimidating for you, consider hiring an attorney to represent you.

Determining Car Accident Fault by Location of Damage

The type of accident and the position of cars also give clues as to who may be at fault. For example, rear-end collisions are one of the most common types of accidents and the vehicle in the rear is usually at fault. This is because vehicles are supposed to leave enough room between their own car and the vehicle directly in front to navigate safely away from a dangerous situation. If the front car stops suddenly and the rear car still ends up hitting it, they probably weren’t driving safely.

Hiring a Car Accident Lawyer

If you’re worried about having to pay damages after an auto accident, a lawyer could help you sift through your case and identify the proper evidence to prove fault. Remember there are two types of negligence that you could claim, and an experienced car accident attorney can help you get the compensation you deserve. Call 1-800-THE-LAW2 for a free consultation with a qualified accident attorney near you.