Car accidents often create more questions than answers. In addition to the debilitating injuries that an auto accident victim might suffer, many accident victims have questions about what to do and where to turn next.
After a car crash, consult an experienced car accident attorney about your case as soon as possible. Your attorney can answer your legal questions, address your concerns, and guide you throughout the process.
First, a lawyer can investigate your accident circumstances and determine whether or not you can file a claim seeking monetary damages.
If you can proceed, your attorney can promptly file the proper claim on your behalf in pursuit of the monetary compensation you deserve. Finally, if the insurance company does not compensate you favorably for your injuries, your lawyer can submit a lawsuit to the court system and litigate your case to an efficient resolution.
Car Accident Causes
When someone drives carelessly and irresponsibly, the chances are that they will cause an accident that leads to someone else's injuries and damages.
A driver is negligent when they fail to exercise reasonable care under the circumstances. When drivers violate their duty of care and cause an accident that leads to physical injuries, your lawyer can hold them and their insurance companies responsible for the resulting injuries and other losses.
One unfortunate cause of auto accidents is road rage. Many drivers hurry to their final destination. They will resort to any activity, whether lawful or not, to avoid slower-moving traffic. Road rage generally consists of aggressive driving maneuvers, including failing to use turn signals, zealously weaving in and out of heavy traffic, speeding, and following other vehicles too closely.
Some enraged drivers might even go so far as to drive on the road shoulder to get ahead of other traffic. When people drive recklessly, they significantly increase their chances of causing a traffic accident that leads to property damage and physical injuries.
In addition, many car accidents result from traffic law violations, like excessive speeding, failing to use turn signals, and failing to yield the right-of-way to other traffic. Moreover, when drivers fail to utilize the safety devices on their vehicles, including lane change warnings, front cameras, and backup cameras, they may recklessly cause an accident.
Another unfortunate cause of traffic accidents is distracted driving, where a driver fails to observe the road, looks to the side, or looks down instead of watching the road.
Many electronic devices in vehicles, like cellular phones, GPS navigation systems, and tablets, prove distracting for drivers. Vehicle passengers may also cause distractions, especially when they engage in horseplay or make a lot of noise. Likewise, adjusting their stereo or listening to loud music in their vehicles may distract drivers. Distracted drivers lose concentration and, consequently, cause car accidents.
Finally, car accidents may occur when drivers are inebriated and under the influence of alcohol or drugs. These substances can alter a driver's mindset, preventing them from concentrating on the road and causing them to lose focus. Alcohol, in particular, may slow down a driver's reaction time, limit their concentration, and impair their reflexes. As a result, a drunk driver may not see another vehicle coming or may brake too late to avoid a crash.
Most drivers with a blood alcohol concentration, or BAC, of at least 0.08 percent are, per se, intoxicated. A criminal conviction for DUI or other drunk driving offense may result in jail time, monetary fines, or probation. Those penalties may significantly increase if they cause a car crash that leads to injuries.
In addition to the potential criminal and administrative penalties, a drunk driver and their insurance company face civil liability to accident victims who suffer injuries in a car crash.
Driving carelessly may cause several types of accidents, including overturn accidents, rear-end crashes, head-on collisions, T-bone or broadside accidents, and sideswipe accidents. Although these accidents may occur differently, they can all lead to debilitating injuries for accident victims.
There is no disputing that the reckless and careless actions of drivers may lead to serious car crashes, debilitating injuries, and other medical complications. If you recently suffered injuries in an auto crash that resulted from driver negligence, talk to a lawyer in your area as quickly as possible.
Your attorney can explore your legal options for moving forward, help you determine your likelihood of success, and pursue the full monetary recovery you need for your injuries.
What are the Most Likely Car Crash Injuries?
The injuries that a car crash victim suffers are usually dependent upon various accident-related circumstances, including the number of collisions that occur, the force of each collision, the speeds of the vehicles, the type of accident that happens, and the accident victim's bodily movements in the vehicle during the crash.
In some situations, a car collision might cause an accident victim's body to strike the interior of the vehicle or eject them from it, causing a spinal cord or paralysis injury.
Their body's backward and forward motion may lead to soft tissue injuries to their neck and upper back, such as whiplash. If the accident victim's head strikes a part of their vehicle, such as the steering wheel or headrest, they may suffer a concussion or other traumatic head injury.
Other common injuries that auto accident victims may suffer include internal organ damage, open cuts, bruises, internal bleeding, bone fractures, and rib fractures.
Following your accident, you should follow any treatment regimen your medical provider prescribes. For example, if your doctor refers you to a medical specialist or physical therapist, you should follow through with that treatment. You may also need to consult with your primary care physician, if you have one, in the event your injuries and symptoms worsen.
When you receive treatment for your ongoing injuries, it is also crucial that you do not skip any medical appointments, arrive at your appointments on time, and stay for the entire duration of the appointment.
Insurance companies and their adjusters frequently become skeptical when medical treatment records have significant gaps. For example, an adjuster may believe that your injuries are not severe if you delayed your medical treatment for too long or missed multiple appointments.
While you undergo the medical treatment needed for your injuries, your attorney can start handling the legal parts of your case, such as gathering medical records and drafting a settlement demand letter. Once your medical treatment ends, your lawyer can begin the claims-filing portion of your case and pursue the total monetary damages you need.
Questions to Ask a Prospective Lawyer
Regarding legal representation following a car crash, you should retain the right lawyer for your case. In particular, you want an attorney with significant experience who will represent you aggressively.
Skilled, competent legal representation increases your chances of obtaining the monetary award you deserve through a favorable settlement offer or litigation result.
How Much Experience Do You Have?
When interviewing prospective lawyers, you should always ask how much experience the lawyer has handling auto accident claims and lawsuits.
A knowledgeable and experienced car accident attorney will understand the tricks and tactics that insurance companies often use to try and undervalue claims. They will also know the best strategies for combating these tactics and securing fair monetary compensation for their clients.
In general, you want an attorney on your side who handles personal injury claims – and in particular, car accident claims – as the majority of their practice.
Do You Regularly Take Cases to Trial?
It is also a good idea to ask a prospective car accident attorney about the number of cases they settle versus the number of cases they take to jury trials and binding arbitration proceedings.
Insurance companies know which attorneys settle all of their cases and are less likely to offer these attorneys fair monetary compensation to settle. However, insurance companies are more likely to take a personal injury attorney with a strong track record of success at trials and binding arbitrations seriously and offer their clients fair compensation to settle from the onset.
Ask a prospective attorney about their trial record and the number of cases they take to trial within a certain timeframe.
Questions to Ask after You've Retained Legal Counsel in Your Case
Questions can arise throughout an auto accident claim or lawsuit, especially regarding settlement and litigation. Your attorney can answer all those questions to make you more comfortable about your case and how it will proceed.
What Is the Approximate Value of my Case?
First, you may wish to ask your attorney about the likely settlement or verdict value of your case. Although no two car accident claims are the same, your attorney will likely have handled similar cases in the past and can give you a ballpark figure as to the types and amounts of monetary compensation you can expect.
What Monetary Damages Can I Recover?
Every car crash case is different, and the types and amounts of monetary recovery that an accident victim may be eligible to receive will depend on the severity of your injuries, the cost of your medical treatment, the circumstances surrounding your accident, and the amount of pain and suffering you endured (or likely will endure going forward).
Although your attorney cannot tell you the exact damage award you will recover in your case, they can give you a general idea.
For example, as part of a car accident claim, you can pursue monetary compensation for all of your:
- Lost earnings
- Medical expenses
- Loss of earning capacity
- Pain and suffering
- Inconvenience
- Loss of use of a body part
- Permanent disability or disfigurement
- Loss of life enjoyment
- Loss of spousal consortium and companionship.
Will My Case Need to Go to Trial?
Many auto accident victims want to know whether their personal injury case will go all the way to trial. However, it is the accident victim who ultimately decides whether to accept a pending settlement offer, file a lawsuit, or take a case to trial or binding arbitration.
Your attorney can help you decide whether a particular settlement offer is a good offer, given the facts and circumstances of your case, as well as your injuries. Your attorney can also help you prepare for a jury trial or binding arbitration proceeding.
Whether your case will succeed at trial depends on the severity of your injuries, the completeness of your medical records, and the availability of favorable, expert testimony.
Your attorney can also explain the potential benefits and risks of taking your case to trial and can explore methods of alternative dispute resolution (ADR), such as mediation or binding arbitration.
For example, if you and the insurance company decide to pursue binding arbitration, you will have a mini-trial that takes place out of court, and a neutral, third-party arbitrator will decide the issue of monetary damages within specific pre-set parameters.
Why Talk With a Skilled Car Accident Lawyer in Your Area Right Away?
If you recently suffered injuries in a severe car accident, you should involve an experienced attorney as quickly as possible. Waiting around too long to secure legal representation in your case may ultimately cause significant harm.
In fact, car accident victims only have two years from the date of their accident to file a lawsuit seeking monetary compensation. If you fail to file a timely lawsuit, then absent exceptional circumstances, you effectively waive their right to recover any monetary damages for their accident-related losses.
Skilled personal injury lawyer in Atlanta can help you pursue the monetary recovery you deserve by promptly filing a personal injury claim on your behalf, negotiating with settlement adjusters, and litigating your case in the court system. Along the way, your attorney can answer all of your questions and help you make informed, intelligent decisions.