Car accidents are a sad reality of our modern transportation systems. A report by the National Highway Traffic Safety Administration in the US claimed to have 5.25 million police-reported crashes in the year 2020. This is surprisingly a very high amount of people who are victims of such accidents. This clearly shows that people need to have car insurance. And in extreme cases, they need to be aware that under civil law, they have the right to hire a car accident lawyer to look after them and their expenses following the accident.

Settlement and coming to terms with the other party are always an option. But according to the law, you need to report even very minor injuries and crashes. After the crash, once you’re out of the car and the passengers are in a safe place call an ambulance or simply dial 911. Look for any signs or boards or landmarks to describe your location. If you cannot figure out where you are then ask a reliable person in that area.

Car Accident LawyerCar accident lawyer

A car accident lawyer comes under the category of a personal injury lawyer specializing in tort law related to car accidents. They can help you in negotiation, get you the desired compensation, and be your representative in the court case. And most importantly, Whether you win the case or not, you’ll never have to pay them from your pocket.

All of us can agree on the point that usually we are not aware of our civil rights, and that’s where a lawyer of car accident can help you file a personal injury claim. In some states, both parties involved in the accident need to pay for the damage (50-50% or 30-70%) under the Shared-fault case. But in other states, it’s the person at fault that pays the bill.

A Car Accident Lawyer can get you the financial assistance and compensation that you deserve such as Medical bills, Car damage recovery, Lost Wages, Lost property, Future medical treatments, etc.

When To Get An Attorney For A Car Accident?

After the accident, you may need some time to recover from the injuries and other delicacies. The law may vary from state to state. But you are allowed to file an insurance claim against the driver within 2-3 years. And, the court has all the right to deny the claim if you are even a day late.

According to the statute of limitations, any type of lawsuit or injury must be reported within the specified time interval. In the US some states have a time limit of one year and a few others have up to 6 years.

As soon as you and the passengers (family members, pets, etc.) are stable and in a safe place, you can contact a car accident attorney. Or you can call your insurance company to get in contact with one.

If you are in good health then you can take a few steps after the accident in order to make future processes a little bit hassle-free. You can call an emergency service like 911 or an ambulance and take pictures of the wreckage and the surrounding area.

Sometimes in a minor accident or if both parties are related to each other, settlement and admitting the blame is okay but most law firms oppose it.

In these minor injury cases, third-party liability car insurance protects you from any legal complications. It also helps your family in case you are severely injured or in the extreme case of your demise. Third-party insurance is applicable if you are the one causing the scene and the other party is the victim. In this case, your insurance company will handle any monetary losses that the third party is having.

Who Is The Best Attorney For a Car Accident?

There are a few things to consider while looking for the best car accident attorneys. These include experience, previous winning records, communication skills, availability, trustworthiness, and reliability.

If you are the victim of a car accident then you can file a claim and get the money for damages caused to you and your vehicle. But filing a complaint against the other party’s insurance company or securing a settlement can be a bit tedious. The situation need not always be in your favor. Even though you are in the position of representing yourself, a car injury attorney can help you throughout the process.

Casualties Before and After the crash

The definition of a car accident is the crashing of a motor vehicle with another vehicle, stationary objects such as trees or buildings, pedestrians, animals, etc. In the case of hitting a pedestrian or an animal, the first thing that you can do is go to a hospital. Otherwise, call an ambulance so that passengers of both parties are taken care of. After that, you can call your insurance company to start the process of getting compensation for the required damage.

If the pedestrian is crossing without adhering to the traffic rules, then they may also be held responsible. If it’s a pet then the owner may also be held responsible. But in the case of stray animals, you need to take them to the vet or do the first aid. In the case of hitting a stationary object such as a tree or building, your insurance company provides for the damage to your car.

A crash may result not only in physical but psychological trauma. First and foremost you need to rescue the passengers or any injured soul. If you fall off a bridge or road or are stuck somewhere, call an ambulance or cry for help.

It’s better to stay calm and not blame the other person or admit your fault. Just try and stay calm until the ambulance and other government personnel arrive.

The documents needed for claiming insurance include pictures of the accident and the vehicles and the damage caused. If you or any of the passengers are in a condition to take pictures of the scene then it will be helpful in filing the case later on. It’s better to capture the crash scene from different angles.

There are different types of car accidents that people may get into. A few of them are Head-on collisions, Road departure, Rear-end collisions, Side collisions, and Rollovers.

One of the main reasons for car accidents includes driving too fast, past the speed limit. Other reasons may include alcohol and other forms of distraction like talking to your partner or talking over the phone.

FAQ

When to call an attorney after a car accident?

You should call a car accident attorney as soon as you can. After you’ve secured yourself and the passengers, remove any valuable items from the car. And if it’s still drivable then move it to a safe place and call an ambulance. If you already have car insurance which you should have, call them. The main motive after an accident should be your and your family members’ health. It’s better to call an ambulance service and let the other things wait. You can ask and wait for the police to arrive and take care of the car and other damage while you are getting treatments.

How much does an attorney charge for a car accident?

It varies from 33% to 40% of the claim. It’s good that paying a car accident attorney does not fall in your bucket. They receive their share of profit from the compensation that you get. And that too when you win the case.

How soon contact the attorney car accident?

As soon as you are stable. The process of gathering evidence may require a long time. And if you don’t start the process sooner, the evidence and the accident scene are most likely to get contaminated. A car accident attorney needs to gather all sorts of information to make a strong case for you to get the compensation.

Who pays for the attorney in a car accident?

Your car insurance company pays for your damage and the other party’s damage. But it may not cover all the balances. Which requires a car accident attorney to act on your behalf and provide you with all the assistance that you can get. Your insurance company will provide and pay for an attorney. That’s how it should be. It’s their duty.

The contingency fee for a car accident lawyer depends on how the case turns out to be. If the case is in favor of the client and they receive the money for the damage then and only then does the attorney get their share of the profit. But of course, that’s not always true. It totally depends on the agreement papers signed between you and your attorney

In other cases where you don’t have car insurance. If your insurance company has already paid for your damage and cannot afford or assist you in getting an attorney then you can hire one. If the damage coverage that your insurance was to offer has exceeded then you have no choice but to hire an attorney yourself.

Where can you find a trusty car accident attorney?

If you’ve never filed a complaint before you definitely are not in contact with any such agents or law firms. So, the first step would be to can ask your friends, family, relatives, or colleagues. And last but not least the best way is to just search online and call a few promising candidates to describe your situation.

Author

LLM, Harvard University Legal Consultant

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