Car Crash Injuries - Frequently Asked Questions
Auto accidents can happen at any time. Those who have never been in one may have many concerns about what can happen next and what they should or shouldn't do. If you've been in a car accident, hiring a legal representative is a crucial next step. Before doing so, read these Frequently Asked Questions to learn a little bit more about handling an accident. Many of your questions may be answered here.
What Should I Do Immediately After the Collision?
Immediately after the collision, seek medical care for any injuries. It is an exceptional idea to call for emergency services to have a police officer create a report for the crash and go to an emergency room for significant injuries. If the injuries aren't severe or it doesn't seem like there are any injuries, wait for the law enforcement officer to clear the scene and see a doctor for car crash care.
How is Fault Determined for Collisions in Scranton, PA?
The fault is established by looking into how the accident occurred and whether one or both drivers were careless. If that negligence caused the collision, the driver or drivers are at fault. It is possible for one motorist to be found at fault or for both drivers involved in the collision to be found responsible for the collision. 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.
How Much Compensation Can I Receive?
The amount of compensation received depends on many factors, including the health care expenses for your damage, 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 initial settlement offer will likely be minimal. Speaking with an attorney can provide you with more information about how to get the highest amount of possible compensation for your specific situation.
What Kinds of Compensation Can I Obtain?
Typical types of car wreck compensation can include medical expenses, vehicle repair or replacement expenses, lost wages, and compensation for any other specific expenses relating to the crash. It can also include non-quantifiable costs like loss of enjoyment of life for those who are entirely disabled from the crash. An attorney can review what types of quantifiable and non-quantifiable compensation may apply to the situation.
Should I Accept the Settlement Offer?
It is not advisable to accept any settlement offer until a legal professional has reviewed it. The insurance company will initially propose a settlement that's likely far below what the case is worth, hoping it will be approved and they will no longer owe money for the case. This is a way for them to save funds on the claims filed through them. Instead, it's better to have an attorney 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 generally two years however the time to bring a case may be as limited 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 legal professional 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 Taking 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 attorney review any settlement offer before accepting 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 smart idea to speak with the other party's insurance company. It's all too easy to mention 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 Doesn't Have Insurance?
If the other motorist doesn't have insurance, you want to file under the uninsured motorist coverage with your insurance company. It is still suggested to have a legal professional handle this, as the insurance firm will want to reduce the amount paid out on the claim. The insurance provider will worry about whether they can receive any funds from the uninsured motorist.
What Happens if the Driver Leaves the Scene?
If the vehicle driver leaves the scene of the crash, 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 carrier. 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 plausible to determine who the driver was, the case is treated the exact same as one with an uninsured driver.
These answers should cover at least some of the issues you might have about how an auto accident should be handled after it happens. If you've been in a car accident, speaking with a lawyer is the next step to take. They can provide more targeted 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 Automobile Accidents in Scranton, PA
Car accidents are always unexpected and can happen for almost any reason. Knowing the potential causes of collisions can help drivers avoid collisions 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.
Driving While Preoccupied
Distracted driving is one of the top reasons for an auto accident to occur. This includes talking or sending texts on the phone, eating while driving, talking to someone else in the car, and anything else that might take the driver's focus away from what's happening on the road.
Reckless Driving
Driving recklessly can be a serious 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 an accident to occur.
Speeding
Going a little bit above the speed limit to keep with the flow of traffic is typically not an issue but going drastically above the speed limit substantially increases the potential for an automobile accident. When speeding, the time it takes to stop the vehicle is heightened, so it may be troublesome to swerve around anything in the road or stop the vehicle in time to prevent an accident.
Driving Under the Influence
Another considerable cause of automobile 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 a car 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 any intersection. A common cause of car accidents 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 an automobile 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 protected space and wait out the weather, when possible, as reduced visibility multiplies the chance of an accident. If hazards in the road can't be seen in time, there's a higher chance of a collision occurring.
Unsafe Lane Changes
When changing lanes, it's vital to use a turn signal and wait until there is sufficient room. Drivers who change lanes without looking, while too close to another automobile, or without a turn signal increases the potential for an accident to occur, even if the speeds are slow at the time of the lane change.
Unlawful Turns
Turning from the incorrect lane, turning without consideration to oncoming traffic, and other improper 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 Improper 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 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 significant injuries.
Inexperienced Drivers
Drivers who have only had a license for a limited amount of time are more likely to end up causing a collision. They do not have the skills on the road yet to be able to make split-second decisions that could help prevent a crash 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 common way for car accidents to occur. If the automobile in front needs to slow down or stop for any reason, a crash 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 crash.
Road Rage
Road rage can lead to a car accident while driving. If a driver is distressed, they could intentionally or unintentionally impact another vehicle. It is best to slow down and let the driver with road rage get ahead to prevent any issues. If an incident does occur, stay in the vehicle, and call for emergency services.
Driving While Fatigued
When someone is too tired, the roadway can start to blur, and they can get extremely 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.
Animals in the Road
Wildlife 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 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 an accident could occur.
Vehicle Issues
Issues with your vehicle can cause a car accident. A tire blowing out while driving may cause the driver to swerve, and they could get in a major accident. Other issues with the car could cause it to stop working suddenly or have trouble staying in the lane, leading to a collision. Accidents occur every day for a variety of reasons. By knowing about the common causes of collisions, 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.
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.
