Auto Accidents

Car Accident Frequently Asked Questions

Car accidents can happen at any time. Those who have never been in one may have many questions about what can happen next and what they should or shouldn’t do. If you’ve been in a car accident, hiring a lawyer is a crucial next step. Before doing so, read these Frequently Asked Questions to learn a little bit more about handling a car accident. Many of your questions may be answered here.

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What Should I Do Immediately After the Accident?

Immediately after the accident, seek medical care for any injuries. It is a good idea to call for emergency services to have a police officer create a report for the accident and go to an emergency room for serious injuries. If the injuries aren’t severe or it doesn’t seem like there are any injuries, wait for the police officer to clear the scene and see a doctor for car accident care.

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How is Fault Determined for Accidents?

The fault is determined by looking into how the accident occurred and whether one or both drivers were negligent. If that negligence caused the accident, the driver or drivers are at fault. It is possible for one driver to be found at fault or for both drivers involved in the accident to be found liable for the accident. Evidence of how the accident occurred, such as photos from the accident scene, can help determine fault, but it can be determined without evidence in many cases.

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How Much Compensation Can I Receive?

The amount of compensation received depends on many factors, including the medical expenses for your injuries, lost wages, the amount of pain suffering and loss of enjoyment of life occurred because of the other driver’s negligence. It is possible to receive a higher amount of compensation after negotiations as the initial settlement offer will likely be low. Speaking with an attorney can provide you with more information about how to get the maximum amount of possible compensation for your specific case.

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What Types of Compensation Can I Receive?

Common types of car accident compensation can include medical expenses, vehicle repair or replacement costs, lost wages, and compensation for any other specific expenses relating to the accident. It can also include non-quantifiable expenses like loss of enjoyment of life for those who are permanently disabled from the accident. An attorney can review what types of quantifiable and non-quantifiable compensation may apply to the situation.

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Should I Accept the Settlement Offer?

It is not recommended to accept any settlement offer until an attorney has reviewed it. The insurance company will initially offer a settlement that’s likely far below what the case is worth, hoping it will be accepted and they will no longer owe money for the case. This is a way for them to save money on the claims filed through them. Instead, it’s better to have a lawyer review it and start negotiations to get a higher settlement offer.

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How Long Do I Have to File a Claim?

The time you must file a claim is known as the statute of limitations. For New Jersey, this is normally two years however the time to bring a case may be as short as 90 days, for example a state entity is only 90 days. After this point, a claim cannot be started, with very few exceptions. An attorney can let you know if any of these exemptions apply or help make sure the case is filed in time, so you don’t lose out on the opportunity to obtain compensation for your injuries.

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Can I File After Accepting a Settlement?

No. If the settlement is accepted, that is all you will receive to cover expenses from the accident. Therefore, it’s recommended to have a personal injury lawyer review any settlement offer before accepting it. There are rare exceptions for this, but they do not apply in most situations.

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Should I Tell the Other Driver’s Insurance Company My Side?

No. It is not a good idea to speak with the other party’s insurance company. It’s all too easy to say something that can be used against you, especially if it’s taken out of context. Instead, hire a lawyer to handle the case and let them deal with the other party’s insurance company. They know what to say to negotiate a higher settlement without risks.

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What Happens if the Other Driver Doesn’t Have Insurance?

If the other driver doesn’t have insurance, you’ll need to file under the uninsured motorist coverage with your insurance company. It is still recommended to have an attorney handle this, as the insurance company will want to minimize the amount paid out on the claim. The insurance company will worry about whether they can receive any funds from the uninsured motorist.

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What Happens if the Driver Leaves the Scene?

If the driver leaves the scene of the accident, it may not be possible to find out who they are and file a claim. If they can be found, a claim can be made against their insurance company. They may be able to be found based on evidence left at the scene, witness statements if someone wrote down their license plate, or video footage from a dashcam that may have a view of the license plate. If it’s not possible to determine who the driver was, the case is treated the same as one with an uninsured motorist. These answers should cover at least some of the questions you might have about how a car accident should be handled after it happens. If you’ve been in a car accident, speaking with an attorney is the next step to take. They can provide more specific answers to your case and help you with anything needed to make sure you receive the compensation you’re entitled to from the at-fault driver.

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Common Causes of Car Accidents

Car accidents are always unexpected and can happen for almost any reason. Knowing the potential causes of accidents can help drivers avoid accidents that could occur in many situations, though some are unavoidable. Watch out for the following common causes of car accidents to be safer while on the road.

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Driving While Distracted

Distracted driving is one of the top reasons for a car accident to occur. This includes talking or texting on the phone, eating while driving, talking to someone else in the vehicle, and anything else that might take the driver’s attention away from what’s happening on the road.

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Reckless Driving

Driving recklessly can be a major cause of car accidents. Reckless driving includes switching lanes randomly and frequently, cutting off other vehicles, crossing over multiple lanes at once, and anything else that could reasonably cause a car accident to occur.

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Speeding

Going a little bit above the speed limit to keep with the flow of traffic is typically not an issue but going significantly above the speed limit greatly increases the potential for an accident. When speeding, the time it takes to stop the vehicle is increased, so it may be difficult to swerve around anything in the road or stop the vehicle in time to prevent an accident.

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Driving Under the Influence

Another major cause of car accidents is driving under the influence. Those who have had alcoholic drinks or done drugs before driving have slower reaction times, so they’re more likely to cause an accident. Plus, they may cause an accident by not staying in their lane, making an improper turn, or running off the road.

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Running Red Lights or Stop Signs

It’s always best to look before entering any intersection. A common cause of car accidents is drivers who run red lights or stop signs. Even if the light has been green for a while, look before going to make sure a vehicle isn’t going through a red light, as they will end up causing an accident.

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Poor Weather or Visibility

When the weather is poor, it can be difficult to see, whether that’s due to rain or snow. It’s much better to pull off the road to a safe space and wait out the weather, when possible, as reduced visibility increases the chance of an accident. If hazards in the road can’t be seen in time, there’s a higher chance of a crash occurring.

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Unsafe Lane Changes

When changing lanes, it’s important to use a turn signal and wait until there is enough room. Drivers who change lanes without looking, while too close to another vehicle, or without a turn signal increase the potential for an accident to occur, even if the speeds are slow at the time of the lane change.

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Improper Turns

Turning from the wrong lane, turning without regard to oncoming traffic, and other improper turns have a high likelihood of causing an accident. If a turn is missed, continue going the direction of the lane and turn around when it’s safe to do so rather than cut across lanes to make the turn.

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Driving the Wrong Way

Driving the wrong way down a road is often done by drivers under the influence or those who are unfamiliar with the area and may not realize the road is a one-way road. When a car is driving the wrong way down the road, the resulting accident is typically a head-on collision, which can cause more serious injuries.

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Inexperienced Drivers

Drivers who have only had a license for a short amount of time are more likely to end up causing an accident. They do not have the experience on the road yet to be able to make split-second decisions that could help avoid an accident if there is a hazard in the road, someone stops unexpectedly, or something else happens.

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Tailgating

Tailgating or driving too close to another driver is another common way for car accidents to occur. If the car in front needs to slow down or stop for any reason, an accident will result because the vehicle in the back is too close to stop in time. If possible, move over and let tailgaters by to prevent an accident.

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Road Rage

Road rage can lead to a car accident while driving. If a driver is upset, they could intentionally or unintentionally hit another vehicle. It is best to slow down and let the driver with road rage get ahead to prevent any issues. If an accident does occur, stay in the vehicle, and call for emergency services.

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Driving While Tired

When someone is too tired, the road can start to blur, and they can get incredibly sleepy. It’s possible for them not to have the reaction time needed to stop or swerve if there is anything in the road or for the driver to fall asleep and run off the road. It’s always better to find somewhere to stop and rest instead of driving while tired.

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Animals in the Road

Animals on the road, especially at night, can lead to a car accident. This happens in all areas, not just in the country. Drivers may end up causing an accident trying to swerve, or the vehicle can be damaged if it hits a larger animal. If the driver stops suddenly because of an animal in the road, the vehicle behind them may not stop in time, and an accident could occur.

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Vehicle Issues

Issues with the vehicle can cause a car accident. A tire blowing out while driving may cause the driver to swerve, and they could get in an accident. Other issues with the vehicle could cause it to stop working suddenly or have trouble staying in the lane, leading to an accident. Accidents occur every day for a variety of reasons. By knowing about the common causes of car accidents, you may be able to avoid being in one. If you are ever involved in an accident, speak with an attorney right away to get the help you need to obtain compensation for any injuries or damages.

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Are you ready to experience the difference that experience makes? To speak with an experienced New Jersey car accident lawyer immediately call us toll free at 800.923.3456 or contact us online to see what we can do together.

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