attorneys for auto accidents
attorneys for auto accidents Car accidents are one of the most common sources of personal injury. Most are minor fender-benders, but a shocking number cause severe injury, permanent disability, and even death. With these traumas often come pain and suffering, emotional distress, lost wages, medical expenses, and property damage – all of which may constitute
Sadly, though, many auto accident victims never receive the full amount of damages to which they are entitled to for their car accidents. The major reason is that, because they don’t know the full worth of their claims, auto accident victims accept the first offers that insurance companies make – and it’s no secret that these insurance companies try to get off cheap. Therefore, it is crucial to enlist the help of a qualified personal injury lawyer if you are to be fairly compensated.
To learn more about auto accidents and how an experienced lawyer can help victims of car accidents receive the compensation they deserve, read the sections below.
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CAR ACCIDENT LAWSUIT ELIGIBILITY
Immediate family members – including parents, spouses, and children, are almost always eligible to file a claim, although minors may need an adult guardian to take a lawsuit to court. Additionally, other family members – such as stepparents, grandparents, and dependents, may also be permitted to file suit in some states.
A personal injury lawyer specializing in car accident cases can help you and your relatives understand the laws in your particular state.
STATUTES OF LIMITATIONS
Many factors can weigh into a person’s ability to file a car accident suit. Depending on the laws of the state in which you live, the statute of limitations laws may restrict your ability to file a car accident personal injury suit to as little as one to two years following the date on which the accident occurred. In situations in which injuries are not discovered until well after an accident, the date on which the injuries are discovered is generally taken as the beginning of the period delineated in your state’s statute of limitations laws.
OTHER FACTORS
Other factors which may impact upon your ability to file a car accident suit include your state’s motor vehicle and insurance laws, the crashworthiness of the vehicles involved in the accident, both parties’ compliance with local traffic laws, and other regulations pertaining to liability and negligence.
COMMON AUTO ACCIDENT CAUSES
There are many factors that can contribute to motor vehicle accidents; however, the most common cause is irresponsible driver behavior. When a driver’s negligent driving behavior causes an accident with another vehicle, the injured person may be eligible to receive compensation. If you or a loved one has been injured in an auto accident, an experienced attorney can help you determine if negligent driver behavior was to blame.
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The most common causes of auto accidents include:
EXCESSIVE SPEED
According to the National Highway Traffic Safety Administration (NHTSA), speeding is one of the main factors contributing to auto accidents. Even traveling 5 miles over the speed limit can greatly increase your chances of being involved in an accident.
DRIVING UNDER THE INFLUENCE
Drunk driving is also one of the main causes of auto accidents. In fact, the NHTSA estimates that alcohol was involved in 9 percent of all crashes and 41 percent of fatal crashes in 2006.
INATTENTIVE DRIVING
Talking with other passengers or on a cell phone, changing radio stations, looking at scenery, or other actions that take the driver’s attention from the road can all cause accidents. In addition, when an accident has already occurred, “rubbernecking”, or looking around to see the aftermath of the accident, can lead to additional car accidents.
DRIVING WHILE DROWSY
According to the NHTSA, drowsy driving leads to thousands of auto accidents each year. Because these crashes often occur on high-speed roads and the driver doesn’t attempt to avoid the accident, these accidents tend to be very serious. The driver is often drowsy due to sleep loss, or is under the influence of sedating medications or alcohol.
AGGRESSIVE DRIVING
Behaviors such as tailgating, preventing other drivers from moving their vehicles, or flashing the headlights at another driver when annoyed are all classified as aggressive driving, which can lead to accidents.
ROAD AND WEATHER CONDITIONS
Inclement weather conditions, icy roadways, and low visibility, can also lead to auto crashes which can often involve multiple vehicles.
MECHANICAL FAILURE
Although driver behavior is to blame for many auto accidents, some are due to a mechanical defect, such as a faulty tire design or flaw in the breaking systems. An experienced auto accident lawyer can determine if a mechanical problem is to blame for your accident and hold the responsible party liable.
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VEHICLE CRASHWORTHINESS
Crashworthiness refers to the ability of a vehicle to protect its occupants in the event of a collision. Crashworthiness features such as airbags, seatbelts, rollbars, and headrests are designed to minimize injury and the risk of fire, as well as prevent ejection from the vehicle. However, when these features fail, serious injury can occur, leading to questions of crashworthiness.
DETERMINING CRASHWORTHINESS
Crashworthiness cases primarily deal with the “second collision” in which the driver and passengers collide against the interior of the vehicle. The cause of the accident is typically irrelevant in crashworthiness cases.
There are two important questions to consider when determining crashworthiness:
