Question 1

Who is at fault in an automobile accident?

Accepted Answer

Automobile col­lisions are tort claims that normally involve some careless or reck­less act by one driver resulting in a collision with another motor vehicle. Whether the operation of a motor vehicle involves actual negligence depends upon how the driver's conduct is viewed in the light of the Rules of the Road as set forth either in your state code or local code governing traffic regulations. The rules of the road or traffic regulations establish the standards for operation of motor vehicles. A violation of these rules or regulations typically constitutes negligence. In many cases common sense will tell you that a driver, cyclist, or pedestrian acted carelessly, but you may not know what laws or rules that person violated. Your argument to an insurance company that another person was at fault for an accident can be strengthened if you find some "official" support for your conclusion. Here are a number of places to look for such support. Police Reports If the police came to the scene of your accident, particularly if they knew that someone was injured, they probably made a written accident report. Ask the traffic division of the police department how to get a copy. Sometimes a police report plainly states an officer's opinion that someone violated a specific traffic law and that the violation caused the accident. It may even state that the officer issued a citation. Other times, the report merely mentions negligent behavior, without plainly stating that the violation caused the accident. Regardless of how specific it is, any mention in a police report of a traffic law violation or careless driving by another person can serve as great support in showing that the other person was at fault. State Traffic Laws Another place to look for support for your argument that the other driver was at fault is in the state laws that govern driving. These rules of the road are contained in each state's statutes and are usually known as the vehicle code. The important point to remember is that a violation of any of these statutes generally creates a presumption of negligence, carelessness, as a matter of law. Thus, "fault" in an accident may be established merely by citing a statute that has been violated. A tort-feasor who is presumed to have caused an accident by virtue of a statutory violation must bear the burden, in any legal dispute, of proving that he or she was not negligent, or (in the alternative) that his or her negligence was not a proximate cause in the accident. The simplest way to apply the concept of proximate cause to an automobile accident is to ask whether it would be true that, "but for" the violation, the accident would not have occurred. "No-Doubt" Liability If you're involved in certain kinds of accidents, the other driver is at fault 99% of the time, and insurance companies hardly bother to argue about it. Rear-End Collisions If someone hits you from behind, it is virtually never your fault, regardless of why you stopped. A basic rule of the road requires a vehicle to be able to stop safely if traffic is stopped ahead of it. If it cannot stop safely, the driver is not driving as safely as the person in front. The other sure-fire part of the rear-end accident claim is that the damage proves how it happened: If one car's front end is damaged and the other's rear end is, there can't be much argument about who struck whom. Of course, the driver of the car that hit you may have a claim against someone who caused you to stop suddenly, or against a third car that pushed his car into yours, but that doesn't change his or her responsibility for injuries to you and damage to your car. Keep in mind, however, that even if you have been rear-ended, in a few circumstances your own carelessness may reduce your compensation under the rule of "comparative negligence." A common example is when one or both of your brake or tail lights were out, especially if the accident happened at night. Another example is if you had mechanical problems but failed to do all you could to move the vehicle off the road. Left-Turn Accidents A car making a left turn is almost always liable for a collision with a car coming straight in the other direction. Exceptions to this near-automatic rule are rare and difficult to prove, but they can occur if: The car going straight was going well over the speed limit. The car going straight went through a red light. The left-turning car began its turn when it was safe, but something unexpected made it slow down or stop. This is an extremely difficult exception to use because a basic rule of the road says a car making a left turn must wait until it can safely complete the turn before moving in front of oncoming traffic. As with a rear-end collision, the location of the damage on the cars sometimes makes it difficult for the driver to argue that the accident happened in some way other than during a left turn.

Question 2

What steps should I take if I am involved in a collision?

Accepted Answer

Automobile accidents are often serious. Whiplash, joint, bone, and muscle injuries, head and brain injury, and paralysis are the most common serious injuries associated with automobile accidents. Some injuries take time to heal, while other injuries one may never fully recuperate from. Typical damages sought after in motor vehicle accident lawsuits include medical treatment costs, loss of property, loss of wages, pain and suffering, and emotional distress. Claims are sometimes handled through the insurance companies and are settled swiftly, outside the courtroom. We advise you to get more information on your rights involving automobile accidents. Most cases involving personal injury or extensive property damage are often prolonged and require legal action for recovery. Because of the frequency at which motor vehicle accidents occur, every driver on the road must know what steps to take. We suggest: Contact local law enforcement -The police are trained to investigate accidents. They are able to determine many factors of the accident that may become evidence in your lawsuit. Take photographs - We suggest keeping a disposable camera in your glove compartment. The images you could provide may be used as evidence in your lawsuit. Physician's Evaluation - See a doctor immediately, even if there is no instant sign of an injury. Adrenaline induced by the accident can delay physical pains. The faster you see a physician the more accurate your injury report will be. Report to your insurance company - Most insurance companies require all accidents to be reported within 24 hours of the accident, or you may lose certain rights to your claim. Do not make an official statement about the accident without consulting our attorneys first. Make a simple report, stating the accident occurred, when it occurred and where it occurred. Do not report to the other driver's insurance companies until you have consulted an attorney. You are not required to speak with the other insurance companies. Obtain contact information - Obtain contact information of everyone involved in the automobile accident and those who witnessed the accident. This information could prove useful to your case. Obtain vehicle information - The information required is to include make, model, year, license plate number, vehicle identification number (VIN), insurance company and policy number and driver’s license number for all vehicles and drivers involved. Attorney Consultation - Contact our attorneys to discuss your rights. Contact immediately after the motor vehicle accident is imperative. As time passes, evidence at the scene is lost, witnesses memories fade, and gathering the facts accurately becomes exceedingly difficult. Never sign insurance documents without consulting an attorney first. You may be waiving significant rights that could hinder your lawsuit. Even if you were at fault in the accident, you may be giving up certain compensations. Insurance adjusters do not work for you – They work for the insurance companies. Their best interest will always be saving money for their company, not properly compensating you for your accident. Every motor vehicle accident has the potential to cause serious harm to all those involved. If you have been involved in an automobile accident that has resulted in an injury, or a loved one has suffered an injury or died as the result of an accident, you should consider consulting with our experienced motor vehicle accident attorneys as soon as possible. There may be a statute of limitations, date of expiration, by which your lawsuit must be filed for you to be eligible for possible compensation.

Question 3

When should a collision be litigated?

Accepted Answer

Not every collision will result in litigation. Where nobody is injured or injuries are minor, it may be possible to resolve all claims for medical care and property damage directly with the drivers' insurance companies. The greater the damage or injury that results from a collision, the more likely it is that a lawsuit will follow. Most accident litigation involves two vehicles, with a driver or passenger from the first vehicle claiming that the driver of the second vehicle caused the accident through negligent driving. Sometimes the litigation will involve the driver and passenger of a single vehicle, with the passenger claiming injury as a result of the driver's negligence. At times, litigation will be against a governmental agency which is alleged to have failed to properly design or maintain a roadway or intersection. Car accident litigation may also include a product liability claim against the manufacturer of a vehicle or part of a vehicle, alleging a design or manufacturing defect which contributed to the accident. A claim might also arise against a mechanic or service center whose work left a vehicle in a hazardous condition. Anybody who is considering bringing a legal claim as a result of a car accident should note that their ability to pursue their claim will be limited by the statute of limitations of the jurisdiction where the accident occurred.

Car Accident Litigation

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