Question 1

How Do Most Car Accidents Happen?

Accepted Answer

Dangerous car accidents are, unfortunately, an all-too-common occurrence nationwide. In many situations, these accidents happen when other drivers commit traffic law violations or otherwise drive recklessly and carelessly. When drivers excessively violate traffic laws, they highly increase their chances of causing a motor vehicle crash that causes injuries to other drivers and passengers. One of the most common causes of motor vehicle crashes is road rage. Road rage occurs when a driver resorts to various reckless and dangerous driving maneuvers in an attempt to get ahead of other traffic. For example, an angry driver might regularly exceed the posted speed limit, fail to yield the right-of-way to other vehicles, tailgate other cars, fail to use their turn signal, or attempt to cut other vehicles off in traffic. Unfortunately, these negligent driving maneuvers may inadvertently cause an accident and injuries. Next, some motor vehicle crashes happen when drivers become distracted while behind the wheel. Distracted driving occurs when individuals fail to watch the road in front and behind them attentively. Instead of watching the road and using their mirrors and other safety features, distracted drivers might text on a mobile device, program a GPS navigation system, read an email, or adjust their stereo system while attempting to drive. Moreover, vehicle passengers may cause distractions for drivers and divert their attention away from the road. When this happens, a driver can quickly lose focus and may not see an approaching vehicle or pedestrian, causing an accident. Excessive traffic law violations are another unfortunate cause of traffic accidents. Some drivers do not yield the right-of-way to other vehicles at the appropriate times or may exceed the speed limit, especially in busy highway traffic. A driver may also fail to use their rearview and side view mirrors while driving or parking. Finally, some motor vehicle crashes directly result from intoxicated and drugged driving. Under state law, a driver is legally intoxicated by alcohol if their blood alcohol concentration (BAC) meets or exceeds 0.08 percent. This threshold applies to passenger vehicle drivers, but drivers under 21 and commercial vehicle drivers (including truck drivers) must follow stricter standards. Drivers who sustain a conviction in criminal court may incur various penalties, including monetary fines, jail time, or probation. In addition, if a drunk driver causes an accident that leads to physical injuries, they may need to pay the accident victim monetary compensation, through their insurance company, as part of a civil claim. Intoxicated driving limits a driver's focus, as well as their reflexes and reaction time. It may also blur a driver’s vision and prevent them from seeing another vehicle and responding appropriately. If you sustained injuries in a car accident resulting from one of these types of negligence, you should immediately consult legal counsel. Your attorney can discuss your options and embark on a course of action to pursue the monetary recovery you deserve.

Question 2

How Can a Car Accident Lawyer Help With My Case?

Accepted Answer

One of the most critical steps following a car accident is to retain a skilled lawyer to represent you at every stage of the proceedings. Having a lawyer on board can streamline the process and ensure that you maximize the monetary compensation you recover for your accident-related injuries. Gathering Documents on Your Behalf First, a good car accident lawyer can help you gather the documents necessary to prove your car accident claim. Specifically, your attorney can obtain copies of the police report, lost income documents, medical records, medical bills, injury photographs, photographs of the accident scene, property damage photographs, and eyewitness statements. Your lawyer can then assemble all these documents into a settlement demand package for the insurance company adjuster to review after you complete your medical treatment. Upon review, the insurance company adjuster will determine whether to accept fault for your case. If that happens, the adjuster may make an opening offer to resolve your case through a personal injury settlement. Investigating Your Accident Circumstances In some cases, insurance companies dispute fault for an auto accident. After all, insurance companies have a strong incentive to resolve car accident claims as quickly and cheaply as possible. The more money an insurance company has to pay out as part of a personal injury settlement, the less it can keep in-house. One of the ways that insurance companies limit their liability is by denying fault for car accidents. If that happens in your case, your attorney can help you retain an expert accident reconstructionist to investigate your accident circumstances, visit the scene, speak with witnesses, and talk with you about what happened. The accident reconstructionist can then draft a report detailing how the accident occurred, the events leading up to the accident, and who caused the accident. An accident reconstructionist can also testify at a discovery deposition or jury trial to support your case. Filing a Claim and Negotiating With Insurance Company Representatives If the insurance company adjuster accepts liability in your auto accident case, your attorney can begin pursuing settlement compensation for you. Negotiating with insurance company adjusters is often an uphill battle, and it may take several weeks or months before the parties reach an amicable settlement. During settlement negotiations, the accident victim's lawyer will start with a settlement demand letter, to which the insurance company will respond. The accident victim’s lawyer might gradually decrease their settlement demand amount while the adjuster gradually increases their settlement offer amount. These negotiations may continue until the parties come to a resolution. Alternatively, the parties may not agree, and the accident victim's attorney might need to file a lawsuit in court. Filing a Lawsuit The litigation process officially begins when the accident victim's attorney files suit. During this time, the parties will exchange relevant documents and answer written questions, called Interrogatories, about how the accident occurred and the injuries and medical treatment the victim experienced. In addition, the defense attorney for the insurance company may take the accident victim's discovery deposition and ask them additional questions in more detail. Following the deposition, the defense lawyer will typically submit a report to the adjuster about how the deposition went and how the accident victim testified. The adjuster may then decide to increase their settlement offer. If the case does not settle during litigation, the parties can pursue a result in the court system or turn to alternative dispute resolution (ADR). Taking a Case to Court If the parties cannot resolve their case out of court, they can pursue a result at a civil jury trial. During the trial, the lawyers will make opening statements and closing arguments. They will also introduce evidence on behalf of their clients. For example, the accident victim's attorney may present direct testimony from the accident victim and testimony from expert witnesses, such as medical experts. The parties may also introduce relevant medical documents and bills, such as expert reports from treating medical providers. After the jury trial, the jury will review all this evidence and decide the outcome of all disputed issues. For example, the jury will typically decide on monetary compensation to award the accident victim. Instead of taking a case to trial, the parties may consider one or more types of ADR. For example, they can pursue mediation with a third-party mediator who can help them focus their settlement discussions. Also, instead of a jury trial, they can pursue binding arbitration when an arbitrator hears the evidence and decides the issue of monetary damages in the case.

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