Car Accident Injuries - 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 an auto accident, hiring an attorney is a vital next step. Before doing so, read these Frequently Asked Questions to learn a little bit more about handling an auto accident. Many of your questions may be answered here.
What Should I Do Immediately After the Collision?
Immediately after the crash, 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 crash 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 cop to clear the scene and see a doctor for car accident care.
How is Fault Determined for Accidents in Wilkes-barre City, PA?
The fault is established by looking into how the collision occurred and whether one or both vehicle operators were careless. If that negligence caused the crash, 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 collision to be found liable for the accident. Evidence of how the crash occurred, such as photos from the car accident scene, can help determine fault, but it can be established without evidence in many cases.
How Much Compensation Can I Receive?
The amount of compensation received depends on many factors, including the health care expenses for your injuries, lost wages, the level of pain suffering and loss of enjoyment of life happened because of the other driver's negligence. It is possible to receive a elevated amount of compensation after negotiations as the introductory settlement offer will likely be minimal. Speaking with a legal professional can provide you with more important information about how to get the greatest amount of possible compensation for your specific circumstances.
What Types of Compensation Can I Obtain?
Common types of car accident compensation can include health care expenses, vehicle repair or replacement expenses, 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 completely disabled from the crash. A lawyer can review what types of quantifiable and non-quantifiable compensation may apply to the situation.
Should I Approve the Settlement Offer?
It is not advised to accept any settlement offer until a lawyer has reviewed it. The insurance firm will initially propose 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 cash 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.
Exactly 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 typically two years however the time to bring a case may be as short as 90 days, as an example a state entity is only 90 days. After this point, a claim can not be started, with very few exceptions. A lawyer can let you know if any of these exemptions apply or help to make sure the case is filed in time, so you don't lose out on the opportunity to obtain compensation for your injuries.
Can I File After Accepting a Settlement?
No. If the settlement is approved, that is all you will receive to cover expenses from the collision. Therefore, it's encouraged to have a injury attorney review any settlement offer before agreeing to it. There are rare exceptions for this, but they do not apply in most situations.
Should I Tell the Other Driver's Insurance Company My Side?
No. It is not a wise idea to speak with the other party's insurance provider. 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 provider. They know what to say to negotiate a higher settlement without risks.
What Happens if the Other Driver Does Not Have Insurance?
If the other vehicle driver doesn't have insurance, you'll need to file under the uninsured motorist coverage with your insurance firm. It is still recommended to have a lawyer handle this, as the insurance provider 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.
What Happens if the Driver Leaves the Scene?
If the driver leaves the scene of the collision, it may not be viable to find out who they are and submit 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 clip footage from a dash cam that may have a view of the license plate. If it's not feasible to determine who the driver was, the case is treated the same as one with an uninsured driver.
These answers should cover at least some of the concerns 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 precise 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.
Common Causes of Collisions in Wilkes-barre City, PA
Car accidents are always unexpected and can happen for almost any reason. Knowing the potential causes of crashes can help drivers avoid crashes that could occur in many situations, though some are inescapable. Watch out for the following common causes of motor vehicle collisions to be safer while on the road.
Driving While Preoccupied
Distracted driving is one of the top reasons for a car accident to occur. This includes talking or text messaging on the phone, eating while driving, talking to someone else in the car, and anything else that might take the driver's awareness away from what's happening on the street.
Reckless Driving
Driving recklessly can be a major cause of automobile accidents. Reckless driving includes switching lanes randomly and constantly, cutting off other vehicles, crossing over multiple lanes at once, and anything else that could reasonably cause an auto accident to occur.
Speeding
Going a little bit above the speed limit to keep with the flow of traffic is generally not an issue but going drastically above the speed limit substantially 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 automobile in time to prevent an accident.
Driving Under the Influence
Another considerable cause of car accidents is driving under the influence. Those who have had intoxicating drinks or done drugs before driving a motor vehicle have slower reaction times, so they're more likely to cause an automobile accident. Plus, they may cause an accident by not staying in their lane, making an inappropriate turn, or running off the road.
Running Red Lights or Stop Signs
It's always best to look before entering into any intersection. A common cause of collisions is car owners who run red lights or stop signs. Even if the light has been green for a while, look before going to make sure a motor vehicle isn't going through a red light, as they will end up causing a car accident.
Poor Weather or Visibility
When the weather is lousy, 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 an accident occurring.
Risky Lane Changes
When changing lanes, it's crucial to use a turn signal and wait until there is adequate room. Drivers who change lanes without looking around, while too close to another automobile, or without a turn signal raises the potential for an automobile accident to occur, even if the speeds are slow at the time of the lane change.
Improper Turns
Turning from the improper lane, turning without regard to oncoming traffic, and other unlawful turns have a high likelihood of causing a crash. 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.
Driving the Incorrect Way
Driving the wrong way down a road is often done by individuals under the influence or those who are unfamiliar with the area and may not recognize the road is a one-way road. When a vehicle is driving the wrong way down the road, the resulting accident is typically a head-on accident, which can cause more serious injuries.
Inexperienced Drivers
Drivers who have only had a license for a brief amount of time are more likely to end up causing a crash. They do not have the knowledge on the road yet to be able to make split-second decisions that could help prevent an accident if there is a hazard in the road, someone stops unexpectedly, or something else happens.
Tailgating
Tailgating or driving too close to another vehicle operator is another prevalent way for collisions to occur. If the vehicle in front needs to slow down or stop for any reason, a vehicle 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 a car accident.
Road Rage
Road rage can lead to an auto accident while driving. If a driver is upset, they could intentionally or unintentionally strike another vehicle. It is best to slow down and let the driver with road rage get ahead to avoid any issues. If a crash does occur, stay in the vehicle, and call for emergency services.
Driving While Fatigued
When someone is too fatigued, the roadway can start to blur, and they can get exceptionally sleepy. It's possible for them not to have the reaction time needed to stop or swerve if there is anything in the street or for the driver to fall asleep and run off the road. It's always better to find someplace to stop and rest instead of driving while tired.
Animals in the Road
Wildlife on the road, especially at night, can lead to an auto accident. This happens in all areas, not just in the country. Drivers may end up causing a crash trying to swerve, or the vehicle can be damaged if it hits a larger animal. If the driver stops abruptly because of an animal in the road, the vehicle behind them may not stop in time, and a crash could occur.
Vehicle Issues
Issues with your vehicle can cause an auto accident. A tire blowing out while driving may cause the driver to swerve, and they could get in a car accident. Other issues with the vehicle could cause it to stop working unexpectedly or have trouble staying in the lane, leading to a crash. Accidents occur every day for a variety of reasons. By knowing about the common causes of auto 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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