automobile accidents faqs

What should I do if I am involved in a car accident?
If I rear-end another vehicle am I at fault?
What should I do if I was in an automobile accident and I did not feel hurt at the scene but experienced pain afterwards?
Can I still recover damages if I was not wearing a seat belt at the time of my car accident?
Do I have a case against the manufacturer if I was in a car crash and the air bags in my vehicle did not deploy?
If I have been injured in an automobile accident will I have to go to court to get a fair settlement?
If I was injured in a car accident do I need to hire a lawyer or can I handle the claim myself?
 

What should I do if I am involved in a car accident?

If you have been involved in a car accident you should:

  • Stop. If you get in a traffic crash, you must stop. If you leave, you will be committing a crime knows as a "hit and run". You must stop if you hit property, animals or pedestrians. Remain calm.
  • Call for help. If someone is injured, call 911. If not, your first call should be to the police. The police will advise as to whether the crashed vehicles should be moved out of traffic, and will take statements from the drivers and passengers involved.
  • Call your insurer. As soon as you are able, call and file a car accident report. You should also notify the other driver's insurer of the automobile     collision.
  • Don't sign anything. If an insurance adjuster shows up at the scene, do not give any statements and do not sign anything.
  • Gather information. Get the names, addresses and phone numbers of everyone at the scene, especially witnesses.
  • Go see your doctor. You may have injuries of which you're unaware. If you are examined by a doctor, make sure you are specific in explaining how the automobile accident happened and any and all injuries and problems you sustained as a result.
  • Call an attorney. If you've been injured in a car crash, you want a lawyer to make sure that you receive a fair settlement from the insurance company and one who can assist you in proving to another driver's insurer that its policyholder caused the car accident.

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If I rear-end another vehicle am I at fault?

Typically, yes. The law states that you must maintain a safe distance to be able to stop safely if a car stops in front of you.  However, there are some exceptions, particularly if the other driver makes a sudden and unexpected stop, or if you are involved in a chain reaction accident.

A car accident is not always solely one person’s fault. In states that recognize ‘comparative negligence’ laws, each party may be held accountable for their role in the auto accident. After determining the percentage of fault by each party, the compensation by the insurance company is adjusted accordingly. Over two thirds of the states employ this rule to resolve car crash injury claims.

If you have been injured in an automobile collision, we encourage you to contact an experienced automobile accident lawyer.

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What should I do if I was in an automobile accident and I did not feel hurt at the scene but experienced pain afterwards?

Car accident victims should seek medical attention as soon as possible if they believe they are injured. Even if you think your injuries are only minor, you should immediately consult your medical provider regarding any discomfort, pain or possible injuries from the car crash. Even if you did not complain of injuries at the scene of the auto collision, if you were injured in the car wreck, you may be entitled to payment of your medical bills and lost wages. For certain injuries where the other party is at fault, you may also be compensated for your pain and suffering and loss of earnings capacity.

Auto accident injury claims typically depend on medical records linking the car accident to the injuries sustained.  If there is a time lapse between the car wreck and the treatment, it can be more difficult to prove your claim.

To protect your health, in addition to your legal rights, it is important to seek proper medical treatment promptly when you are injured.

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Can I still recover damages if I was not wearing a seat belt at the time of my car accident?

In most states, it is the law for both drivers and vehicle passengers to wear a seatbelt. If you were not wearing your seatbelt, this can have a negative impact on your ability to recover full damages for your injuries in the auto accident. Since people suffer more severe and complicated injuries when they are not wearing a seat belt, potential compensation can sometimes be reduced accordingly. However, it is important to understand that seat belt or no seat belt – it is the ‘fault’ of the negligent party that is the primary determining factor in personal injury / car accident lawsuits.

Personal injury laws, and the statutes that govern applicable compensation amounts and limits, vary from state to state.  Only an experienced auto accident lawyer can thoroughly review all the factors that might influence your claim.

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Do I have a case against the manufacturer if I was in a car crash and the air bags in my vehicle did not deploy?

There are several factors that dictate whether an air bag will deploy in an automobile collision. Sixty-five to ninety percent of vehicles on the road in the U.S. have some degree of electronic data recorder (EDR). Following an auto accident, the contents of your EDR should be downloaded and preserved. If the circumstances of your car accident prove that the airbags should have deployed, and did not, you may have a product liability claim against the manufacturer.

Often, what seem like simple car crash cases can become complicated as multiple negligent parties are identified through the course of investigation. If you have been injured in an auto accident, it is in your best interests to consult with an auto accident attorney who can provide you with the legal advice needed to ensure your rights are protected.

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If I have been injured in an automobile accident will I have to go to court to get a fair settlement?

The majority of car crash cases are settled out of court. An auto accident lawyer will work with the insurance companies to try and obtain fair compensation, but if an agreement cannot be reached, your attorney should be poised to fight your case in court.

Remember, that the claims adjuster works for the insurance company – it is their job to protect the interests of their employer. Contact a car accident attorney today to thoroughly review your options, and to identify an effective legal strategy to win your case!

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If I was injured in a car accident do I need to hire a lawyer or can I handle the claim myself?

The law does not restrict you from handling your own claims.  However, you should keep in mind, that the insurance companies and the insurance company attorneys are trained professionals.  It is their job is to resolve the potential "liability" by paying as little as possible to you. Insurance companies are just that - companies.  They, like most businesses, are in this business to make a profit for their owners and shareholders. 

Many valuable rights were lost because the injured person believed what he or she was told by the insurance company. Just remember, the only person truly working in your best interests is the automobile accident lawyer you hire.

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