Car Wreck 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 a car accident, hiring a legal representative is a vital 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 Promptly After the Collision?
Immediately after the crash, seek medical care for any wounds. It is a great idea to call for emergency services to have a police officer produce a report for the collision and go to an emergency room for serious injuries. If the injuries aren't serious or it doesn't seem like there are any injuries, wait for the cop to clear the scene and see a doctor for car wreck care.
How is Fault Determined for Crashes in Upper Darby, PA?
The fault is established by looking into how the accident occurred and whether one or both vehicle operators were negligent. If that negligence caused the crash, the driver or drivers are at fault. It is possible for one vehicle operator to be found at fault or for both drivers involved in the crash to be found liable for the accident. Evidence of how the incident occurred, such as photos from the 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 obtained depends on many factors, including the medical expenses for your injuries, lost wages, the amount of pain suffering and loss of enjoyment of life happened 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 minimal. Speaking with a legal professional can provide you with more information about how to get the maximum amount of possible compensation for your specific case.
What Forms 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 cost like loss of enjoyment of life for those who are entirely disabled from the crash. A legal professional can review what types of quantifiable and non-quantifiable compensation may apply to the situation.
Should I Take the Settlement Offer?
It is not advisable to accept any settlement offer until a legal professional has reviewed it. The insurance provider will initially offer a settlement that's likely far below what the case is worth, hoping it will be taken 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 a lawyer review it and start negotiations to get a larger settlement offer.
Exactly how long Do I Have to Submit a Claim?
The time you have got to 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 limited as 90 days, for instance a state entity is only 90 days. After this point, a claim can not be started, with very few exceptions. An attorney can let you know if any of these exceptions 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.
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 advised to have a personal 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 Provider My Side?
No. It is not a smart idea to speak with the other party's insurance firm. It's all too easy to say something that can be used against you, especially if it's taken out of context. Instead, hire an attorney to handle the case and let them deal with the other party's insurance provider. They know what to say to bargain for a higher settlement without risks.
What Happens if the Other Driver Didn't Have Insurance?
If the other driver doesn't have insurance, you will have to file under the uninsured motorist coverage with your insurance firm. It is still suggested to have a legal professional handle this, as the insurance company will want to lessen 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 motorist leaves the scene of the collision, it may not be possible to find out who they are and submit a claim. If they can be found, a claim can be made against their insurance provider. 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 dash cam that may have a view of the license plate. If it's not possible to determine who the driver was, the case is treated exactly the same as one with an uninsured individual.
These answers should cover at least some of the issues you might have about how an 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 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 Collisions in Upper Darby, PA
Car accidents are always unanticipated and can happen for almost any reason. Knowing the potential causes of collisions can help drivers avoid crashes that could take place in many situations, though some are inevitable. 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 a car accident to occur. This includes talking or text messaging on the phone, eating while driving, talking to someone else in the automobile, and anything else that might take the driver's focus away from what's happening on the street.
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 generally not an issue but going substantially above the speed limit greatly increases the potential for a major 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 automobile in time to prevent an accident.
Driving Under the Influence
Another major cause of auto accidents is driving under the influence. Those who have had alcoholic drinks or done drugs before driving a 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 improper turn, or running off the road.
Running Red Lights or Stop Signs
It's always best to look before going in 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 an automobile isn't going through a red light, as they will end up causing an accident.
Poor Weather or Visibility
When the weather is bad, 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 boosts the chance of an automobile accident. If hazards in the road can't be seen in time, there's a higher chance of an accident occurring.
Perilous Lane Changes
When changing lanes, it's vital to use a turn signal and wait until there is enough 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 improper lane, turning without respect 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 individuals under the influence or those who are not really acquainted with the area and may not recognize the road is a one-way road. When an automobile is driving the wrong way down the road, the resulting collision is typically a head-on accident, which can cause more severe injuries.
Inexperienced Drivers
Vehicle operators who have only had a license for a brief amount of time are more likely to end up causing a car accident. They do not have the experience on the road yet to be able to make split-second decisions that could help evade a crash if there is a hazard in the road, someone stops suddenly, or something else happens.
Tailgating
Tailgating or driving too close to another motorist is another prevalent way for collisions to occur. If the automobile 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 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 a crash does occur, stay in the vehicle, and call for emergency services.
Driving While Exhausted
When someone is too exhausted, the roadway can start to blur, and they can get exceptionally sleepy. It's possible for them not to have the reaction time necessary 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 someplace to stop and rest instead of driving while tired.
Animals in the Road
Animals 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 an accident trying to swerve, or the vehicle can be damaged if it hits a larger animal. If the driver stops unexpectedly 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 the vehicle can cause an 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 vehicle could cause it to stop working suddenly 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 a legal professional right away to get the help you need to obtain compensation for any injuries or damages.
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