Car Accident Lawyer

In every state, all drivers must carry a minimum amount of car insurance coverage. This means that, ideally, if an accident occurs, the insurance company will cover the costs of economic and non economic damages. However, there are a limited number of circumstances under which a person may be able to personally sue the other party after a collision. To find out whether this is true for you, please call a car accident lawyer as soon as possible. Call a lawyer, like a car accident lawyer from Barry P. Goldberg, now. 

Recovering Compensation Through Insurance

Depending on the state in which the accident occured, you may be facing fault or no fault rules. In no fault states, you will recover a claim against your own insurance company. Whereas, in fault states, the at fault party will be responsible for covering the damages. In no fault states, it is certainly possible that your economic damages, such as medical bills, will exceed the policy limits of your car insurance. In this case, your health insurance might cover some or all of the costs, or you may accumulate debt. 

At this point, it may be possible to submit a claim to the negligent party’s insurance company. In some cases, especially when the accident is severe, the other driver’s policy limits can be used. In general, when you’re in a situation like this, a car accident lawyer might recommend that you sue the driver personally for your injuries. This can be complicated and difficult to do without the help of a good lawyer on your side. 

Suing Someone Personally Following a Car Accident

In general, when negligent drivers’ policy limits have been reached, it is possible to sue them. In this case, you could attempt to recover compensation from the driver in a court of law. You would have the duty of proving they were negligent. This requires you to establish the following:

Duty of Care- The other driver owed you a duty of care; for example to drive safely. 

Breach of Duty – The other driver failed to adhere to this duty of care. 

Causation – This breach caused you to be injured.

Damages – Because of the accident and your injuries, you suffered damages such as medical bills and the inability to work. 

If you are facing extensive medical bills and other losses, and you are unable to get the insurance company to cover the full cost of them, it may be possible to sue someone personally for a car accident. 

What If the Person Has No Assets?

In the event that you do sue someone after a car accident, and win, and they have no assets, you might find yourself struggling to collect the settlement. Unfortunately, as a car accident lawyer might explain, most people who are uninsured or underinsured are in this situation because they cannot afford insurance. In this case, they might also be unable to afford paying any kind of settlement after being personally sued in court. 

Regardless of the situation you have found yourself in, it may be a good idea to speak with a car accident lawyer as soon as possible.

Car Accident Lawyer

The sheer size and force of a trucking accident produces results that can leave a profound impact on victims and their families. It’s not uncommon for victims to face injuries that could change their lives forever. Dealing with such catastrophic consequences can completely devastate victims. Because of this, compensation for damages is something that accident victims deserve. A trucking accident lawyer, like a car accident lawyer in Atlanta, GA from Andrew R. Lynch, P.C., can support victims in taking the necessary steps to obtain the most favorable outcome possible:

Step 1: Ensure that Law Enforcement are Contacted

Following an accident, you should always contact law enforcement. Ensuring that law enforcement are contacted will play a critical in the wake of an accident. Law enforcement will take the time to investigate the scene.

In some cases, they will even assign fault in the accident. Law enforcement will be required to generate a police report the encapsulates the details of the accident. This police report will likely provide a key piece of evidence if it makes sense to take legal action. 

Step 2: Seek Immediate Medical Attention

Medical attention following a trucking accident is critical for a variety of reasons. For one, it ensures that you receive the medical treatment that you need. Secondly, the documentation produced plays a vital role in outlining your injuries and proving the accident. In the wake of a trucking accident, you will likely receive immediate medical attention. This is especially true because your injuries will probably be so severe that emergency services will be required to respond to the scene. Medical treatment can help to ensure that you receive the life-saving treatment that you may need. Additionally, medical providers will outline treatments in the documentation that will help tie your injuries to the accident you have experienced. 

Step 3: Take Down Your Personal Account of the Accident

Your account of an accident can outline critical details to your case. Taking the time to complete your account will be incredibly helpful. Over time, the details surrounding your accident can become foggy, and difficult to recount. Writing down your account while still fresh in your mind can help if it’s in your best interest to take legal action. 

Step 4: Gather as Much Evidence as Possible

Evidence may not be that important should you determine that you will not take legal action. However, if pursuing compensation is in your best interest, you will need evidence to support your case. Gathering as much evidence as possible will be critical in such situations. Taking the time to gather evidence right from the start can play a crucial role in helping you and your family to prove your case and your need for compensation as a result of the damages you are suffering. 

Step 5: Enlist a Lawyer to Help Sort Out the Complications

Trucking accidents are incredibly complicated. You will be left to contend with not only your injuries, but also the critical aspect of determining who should be held accountable for the accident. A trucking accident can provide you with the support and guidance you need in gathering evidence and building a strong case against the party responsible. 

There’s no way around it; trucking accidents produce results that can be incredibly devastating. Victims stand to face serious consequences that include catastrophic injuries and even death. Whether you are the victim or the family of a loved one, you must take action as soon as possible. Working with a trucking accident lawyer can assist victims in obtaining the compensation they deserve following such catastrophic events. For help, contact an experienced lawyer in your area today.  

Car accidents often result in expensive repairs and medical bills. Many states allow the sharing of costs between drivers, with the at-fault person carrying most of the financial responsibility. However, when an at-fault operator is uninsured, the restitution process becomes muddied and confusing. Fortunately, depending on your state’s regulations, you may still be eligible for compensation, regardless of the insurance status of the at-fault driver.

1. Understand Tort or No-Fault State

Not every state believes in at-fault procedures; these states identify as no-fault jurisdictions. In these areas, each driver is responsible for the damage to their vehicle, regardless of who caused the collision. Only twelve states are no-fault, which means the other 38 follow tort law. In tort or at-fault states, the liable driver is responsible for a portion or all of the damages.

2. Determine Fault

Before you can file a claim against an uninsured driver, you must determine fault. If you are at-fault, there is no need to pursue legal action, but if the other driver is responsible, you are within your rights to file a claim against them for restitution.

3. File a Police Report

Always file a police report when you are involved in a car accident. You will need this for your insurance, and you may need it if the case goes to trial. Failing to file a police report leads to finger-pointing without facts. By submitting a police report, the police will investigate the crash and determine the cause.

4. File a Claim

Once the police determine fault, you need to decide whether you want to file a claim. If the at-fault driver appears well-off, filing a claim is wise, and you stand a good chance of compensation. However, as the driver is uninsured, they may not have a lot of money, which means a lawsuit and claim results in no gains, making the process moot.

5. Purchase Uninsured Motorist Protection

To avoid the panic of colliding with an uninsured driver, consider purchasing uninsured motorist insurance. Most likely, your current auto insurer has uninsured driver coverage available. While this special coverage may not cover all of your damages and injuries, the policy can help offset any financial hardship stemming from the accident.

A collision with an uninsured driver is not optimal, and depending on where you live, you may incur most of the costs. However, if you live in an at-fault or tort law state, contact a car accident lawyer, like a car accident lawyer in Woodland Hills, CA, to discuss your available options.

 

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Thanks to the law offices of Barry P. Goldberg for their insight into what to do if you are in an accident with an uninsured driver. 

Car Accident Lawyer

Imagine this scenario. You’ve gotten a traffic ticket. The officer told you that you’ll need to go to court or pay the ticket. What should you do next? Instead of dealing with it later, take a few minutes to determine your next steps. Put the court date in your calendar and set a couple of reminders. This ticket won’t go away. If you forget to show up in court or to pay it, you’ll find yourself facing even more penalties.

Take some time to make notes about the circumstances of getting the ticket while it’s fresh in your mind. Write down weather and driving conditions. Go back to the site. Take pictures of the speed limit signs or construction zone. Make sure that the ticket has the right laws that were violated. In some states, a mistake on the ticket could be enough for a dismissal, but not always.

Should You Pay the Ticket?

The easiest way to deal with the ticket is to just remit payment. Most courts allow you to pay your ticket online, but you can also take a check to the court clerk or mail it in. Check your ticket for the address and date that the court needs to receive the payment. While this is the simplest thing to do, it’s not always the best thing. If it’s your first ticket, you may be able to get the ticket discharged if you attend a traffic school, which keeps it off your record. You may not want any points on your record, especially if you have a CDL or driver commercially, because your insurance could go up. You have to decide what fits your needs best.

Should You Fight the Ticket?

If you believe you got the ticket unfairly or want to try and contest the ticket, you’re going to need a good strategy. You can’t use the argument that you didn’t know the law or that everyone was going over the speed. Don’t expect the judge to cancel your ticket if you give a sob story. In some cases, the ticket may be dismissed if the officer doesn’t show up to court. Again, you shouldn’t count on that.

The best defense is often an evidentiary technicality. If you were caught speeding, you may be able to question the reliability of the speed measuring device. If you got a photo traffic ticket for running a red light, you may be able to say that there is no one who can testify to seeing you run the red light. The officer who wrote the ticket is relying on evidence from a machine that can’t testify.

Talk to a criminal offenses attorney in DC about your situation to take the right steps for the best outcome.

 

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Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal law and traffic tickets.

Car Accident Lawyer

Mishaps and accidents are part of life. You’ll experience some misfortune at one time or another. However, there may be times when someone else’s poor choices lead to these incidents. If you’re in a car accident, and you suffer harm because of another driver’s negligence or willful disregard, you shouldn’t have to pay the financial consequences. You could be justified in filing a personal injury lawsuit. If the court agrees with your claims, you could receive payment for your medical bills and other damages you seek.

Act Appropriately

Following a car accident, you need to follow certain steps and act wisely. You should never leave the scene of an accident. Stay in the area until the authorities arrive and talk to you about the incident. Make sure you also exchange insurance and contact information with the other driver, but never admit fault or make accusations. Stay calm and collected. Once police officers arrive, they will investigate the accident and file a report. You can interview witnesses and take their statements. Also, take photos of the damage to your vehicle as well as of your injuries.

Get Medical Attention

If your injuries are serious or life threatening, you should go to the hospital by ambulance directly from the accident scene. If your injuries are moderate or minor, you should still go to your doctor’s office and let competent medical professionals evaluate your condition.

File an Insurance Claim

Speak to your car insurance agent as soon as possible after an accident. Provide as many details as you can about the incident and provide the photos you took at the scene. If the other driver caused the wreck, call that person’s insurance provider and file a claim as well.

Speak with a Lawyer

An experienced personal injury attorney can advise you whether to file a lawsuit. Your lawyer will determine whether the other driver was negligent or injured you deliberately. If you and your lawyer decide to pursue legal action, your attorney will help you file a lawsuit.

Timely Action

Rules vary from state to state, but many places require that you file a personal injury lawsuit within a year of the incident. Some states allow you to go up to three years. Don’t delay seeking the advice of a car accident lawyer, like a car accident lawyer in MD. The sooner you act, the better off you’ll be in getting the results you want.

Follow these steps in your car accident case. File within the deadline so you can get the financial help you deserve.

 

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Thanks to The Law Firm of Frederick J. Brynn, P.C. for their insight into the process of filing a lawsuit after a car accident. 

Car Accident Lawyer

How many times have you noticed another driver swerving in and out of lanes or having to slam on the brakes when approaching a red light?  Many times these incidents are the result of a distracted driver who is looking at his cell phone while driving. People often feel pressure to respond to work-related messages while driving. Even worse, teen drivers are inherently susceptible to distracted driving, and it is the cause of almost 60% of crashes involving teen drivers.

As of April 2019, distracted driving was the main factor in almost 10% of fatal motor vehicle crashes. The National Highway Traffic Safety Administration reports more than 3.000 motorists are killed each year in distracted driving collisions. In 2018 alone, 4,637 individuals lost their life due to distracted driving.  Studies have shown that drivers who text and drive are almost 10 times more likely to be involved in a crash. Just a couple years ago, over 50,000 Florida crashes were attributed to distracted driving.

Florida Adds New Driving Laws

There are two new Florida laws that change the way drivers may use their cell phones while operating a motor vehicle. Florida’s ban on texting while driving went into effect on July 1, 2019.  Meanwhile, a new law relating to the use of cell phones in school and work zones went into effect on October 1, 2019.

The ban on texting while driving is found at 316.305, Fla. Statutes. This new law allows a police officer to issue a citation to a distracted driver caught using their cell phone while behind the wheel. A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a cell phone or while sending or reading data on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods such as texting, emailing, and instant messaging.

Under this law, the first violation for drivers is a noncriminal traffic infraction, punishable as a “nonmoving violation” with no points assessed to the driver’s record. The second violation within five years of the date of the prior conviction commits a non-criminal traffic infraction, punishable as a “moving violation.”  There are a few exceptions to this new law, and it does not apply if the driver is stopped at a red light, reporting an emergency or criminal activity, or using the device for navigational purposes.

Florida Statute 316.306 is also new and aims at improving roadway safety in school and work zones. As of October 1, 2019, a person may not operate a motor vehicle while holding a cell phone when driving in a designated school crossing, school zone, or active work zone.

A police officer may stop a motor vehicle and issue a citation to an individual failing to obey this statute. Any person who violates this section commits a noncriminal traffic infraction, punishable as a moving violation and will have 3 points assessed to his or her driver’s license unless the driver participates and completes a device driving safety program. 

Note that this new law is only applicable to work zone areas if construction personnel are immediately present or are operating equipment on the road or immediately adjacent to the work zone area. This law also does not apply to certain situations, such as where the driver is reporting an emergency, receiving messages related to navigation, using the cell phone in the “hands-free” mode, or while stopped at a red light.

If you have been in an auto accident in Florida, you should always inform your attorney of any suspicion you have that the at-fault party was improperly using a cell phone at the time of the accident. An individual operating a motor vehicle on a Florida roadway is obligated to act as a reasonably prudent driver, which includes driving without distractions.

If you have any questions about an auto accident, call Jeff Murphy Law, an auto accident lawyer in Tampa, FL, for a free consultation.

Thank you to Jeff Murphy Law, for their input into legal settlements in Florida.

Car Accident Lawyer

When you enter your vehicle and start the engine, you may have a hundred things flowing through your mind as you start to drive. Thoughts about daily problems, fights with a significant other, or even how painful the shoes you are wearing can all draw your attention away from the task at hand – operating a motor vehicle. Since your car is a heavy piece of machinery, even the smallest mental distraction can cause a serious accident that injures other drivers or pedestrians. Here are three of the most common causes of distracted driving.

Cell Phones

Cell phone usage while driving is more than a problem with teenagers; in fact, studies show that people of all ages will absently search for their phone to answer it when a call comes in. The problem with inattentive and distracted driving because of cell phone use led to 48 states to ban usage while driving, and police officers are urged to pull over anyone they see using a cell phone and give that driver a ticket.

Driving Under the Influence

Although you may not realize it, when you drive under the influence of alcohol, illegal drugs, or even some prescription drugs, the law says you are driving under the influence, which means you are a distracted driver. Many drugs inhibit the mind’s ability to quickly grasp and analyze normal driving circumstances, which can lead to serious, life-altering vehicle accidents.

Commotion in the Cab

If you are eating, drinking, or adjusting the radio in the cab of your car, you could easily become distracted. If a part of your hamburger fell onto your shirt or some coffee spilled on your pants, your first instinct is to look down and brush at the spot. Even a 2 second distraction can have deadly consequences if the car in front of you suddenly needs to stop in traffic. Other cab commotions can include fighting with a passenger, inputting GPS information, and putting on makeup.

You may be one of the fortunate few who have broken the distracted driving rules and escaped serious consequences, but distraction can have deadly consequences that will forever alter lives and require you to contact a car accident lawyer, like a car accident lawyer in Salt Lake City, UT. 

Being inattentive while driving can be dangerous for you, your passengers, and anyone else on the road as you look away from the road long enough to find your favorite song on a playlist or answer your secretary’s call. When you are behind the wheel of your vehicle, do yourself and everyone else the favor of paying attention. It could save a life.

Thanks to Rasmussen & Miner for their insight into some of the dangers of distracted driving.