Building an Automobile Accident Case
Lee Floyd—January 24, 2022
No one ever expects to be in an automobile accident but unfortunately they are all too common. If you find yourself in a car accident caused by someone else, you may need to take legal action. This can be a daunting process, but it is important to understand your rights.
The first step in the process to build an effective automobile accident case, is to gather as much information as you can to create a strong case. The details needed include the other driver’s contact information, the insurance information for the other vehicle, and pictures of any skid marks or other vehicle damage.
Make sure to take pictures of the scene and save them somewhere secure. Getting a video of the collision is a smart idea as well, especially if the camera or dash cam footage is available.
The Different Types of Car Accidents
Car accidents are a leading cause of death and injury in the United States. According to the National Highway Traffic Safety Administration, there were over six million car accidents in the U.S. in 2018. While some of these accidents are minor fender-benders, others can be much more serious, resulting in serious injuries or even death. Here are some of the different types of car accidents that can occur:
Rear-end collisions: These occur when one car rear-ends another. They are often caused by following too closely, driving while distracted, or sudden braking.
Head-on collisions: These accidents happen when the front ends of two cars collide with each other. They can be devastating, and are often caused by driver error, such as driving on the wrong side of the road or speeding.
Side-impact collisions: Also known as T-bone accidents, these happen when the side of one car is hit by the front or back of another car. They can be especially dangerous because they often result in damage to the door, which can crush or trap passengers inside the vehicle.
Rollover accidents: These occur when a vehicle flips over onto its roof or side. They are most common with SUVs and trucks, and can be caused by factors such as excessive speed, poor road conditions, or DUI.
How to Prove the Other Driver is at Fault
If you’re involved in a car accident, the first thing you should do is exchange insurance information with the other driver. However, in some cases, the other driver may try to claim that they were not at fault. If this happens, there are a few things you can do to prove that they were indeed at fault.
First, if you have a dashboard camera, be sure to download the footage and provide it to your insurance company. This will give them a clear view of what happened during the accident. Additionally, take pictures of the damage to both vehicles, as well as any skid marks on the road. Finally, be sure to get the contact information of any witnesses who saw the accident. With this evidence, you will be able to prove that the other driver was at fault and avoid having to pay for damages yourself.
What to Do if the Other Driver is Uninsured
If you are involved in a car accident with another driver who is uninsured, you may be wondering what to do. First, it is important to remain calm and assess the situation. If possible, move your vehicle to the side of the road to avoid blocking traffic. Then, call the police and file a report. Be sure to get the other driver’s contact information, as well as any witnesses who may have seen the accident. Once the police have left, you will need to contact your insurance company to file a claim. Your insurer will likely require you to pay a higher deductible since the other driver was uninsured. In some cases, your insurer may also decide not to renew your policy after an accident with an uninsured driver. If this happens, you may need to purchase high-risk insurance. While an accident with an uninsured driver can be stressful, it is important to remain calm and take the necessary steps to protect yourself.
What to Do if You are Partially at Fault
If you are partially at fault for the accident, you may still be entitled to compensation from the other driver. The first step is to exchange insurance information with the other driver. You should also take photographs of the damage to both vehicles, as well as any injuries that you have sustained.
Once you have gathered this information, you should contact your insurance company and file a claim. The insurance company will then investigate the accident and determine who is ultimately responsible. If you are found to be partially at fault, your settlement may be reduced by an amount that reflects your degree of responsibility. However, it is important to remember that you may still be entitled to recover damages from the other driver.
The Different Types of Injuries Sustained in Car Accidents
The most common types of injuries sustained in car accidents are cuts, bruises, and broken bones. However, more serious injuries, such as traumatic brain injuries and spinal cord injuries, can also occur. These types of injuries can have a profound effect on a person’s quality of life, and they may require extensive medical treatment.
In some cases, people who sustain these types of injuries may never fully recover. If you have been involved in a car accident, it is important to seek medical attention as soon as possible. A medical professional can assess your injuries and provide you with the treatment you need to improve your health and wellbeing.
How to Prove the Severity of Your Injuries
Following a car accident, it is not uncommon for insurance companies to question the severity of your injuries. After all, the amount of money they have to pay out is directly related to the extent of your damages. As a result, it is important to be able to prove the severity of your injuries if you want to receive full and fair compensation.
One way to do this is to seek medical attention immediately after the accident. Not only does this create a paper trail documenting your injuries, but it also shows that you are taking your health seriously. Additionally, be sure to follow all of your doctor’s recommendations. This includes things like attending physical therapy, taking medication, and avoiding activities that could aggravate your injuries. By following your doctor’s orders, you can demonstrate that you are taking active steps to recover from your injuries.
Finally, keep a journal documenting how your injuries are impacting your life. Write down things like how much pain you’re in, how frequently you’re missing work, and how limited you are in your daily activities. This journal can be used as evidence to show the jury or insurance adjuster just how much your injuries have impacted your life.
If you’ve been injured in a car accident, don’t wait to take action. Get medical attention right away and start gathering evidence to prove the severity of your injuries. By taking these steps, you can ensure that you receive the full and fair compensation you deserve.
The Different Types of Damages You Can Recover
When you file a personal injury lawsuit after a car accident, there are different types of damages that you might be able to recover. These can be broadly categorized as either economic or non-economic damages.
Economic damages are those that have a specific monetary value, such as medical bills, lost wages, and property damage. Non-economic damages are more intangible, but can still have a significant impact on your life. These might include pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, punitive damages might also be available if the defendant’s actions were particularly reckless or egregious. By understanding the different types of damages that are available, you can be sure to get the compensation you deserve after a car accident.
How to Get Compensation
After a car accident, there are a number of steps you will need to take in order to receive compensation. If your injuries are severe, it may be worthwhile to hire an attorney. An experienced car accident attorney will know how to navigate the insurance and legal system to build a strong case on your behalf. You and your lawyer will then work through the steps together to ensure the best possible outcome.
Contact the expert personal injury attorneys at Breit Biniazan for professional legal representation.
“The highest and best use of my time is to help others when they have nowhere else to turn.” – Lee Floyd
At Breit Biniazan, Lee Floyd works tirelessly to represent innocent clients harmed by the negligence of others. She left the world of corporate defense for personal injury litigation. Now, as a Partner with Breit Biniazan, she offers a unique perspective: a peek into what corporate defense teams do and say behind closed doors. Her previous experience gives Breit Biniazan clients the upper hand.