Experiencing a car accident can be a whirlwind of confusion, stress, and anxiety. The aftermath of a collision involves making crucial decisions that can have long-lasting effects. Your actions at the scene and in the days following the accident can significantly impact your ability to seek compensation for damages. It can be overwhelming to determine the best course of action, especially for someone dealing with injuries and financial worries.
Fortunately, if another party’s negligence caused the accident, you may not have to bear the financial burden alone. A car accident attorney can guide you through your legal rights and options for recovering your losses.
At Ben Crump Law, PLLC, we are prepared to handle challenging cases. Our offices across multiple states are dedicated to assisting you with your claim. We only charge fees if you receive compensation, and your initial consultation is complimentary.
What Actions Should You Take Right After a Car Collision:
Remain at the scene of the accident to avoid being classified as a hit-and-run driver. Leaving the scene could result in criminal charges and serious consequences, especially if someone was injured or killed in the collision.
If you are physically able, check on the other individuals involved in the accident. If someone requires medical assistance, call 911 immediately. Refrain from moving anyone who complains of back or neck pain unless there is an immediate danger present.
Contact the authorities to report the accident and have a police report filed. This report will be necessary when you file an insurance claim.
Exchange essential information with the other parties, such as your name, driver’s license number, insurance details, and license plate number. Be courteous and respectful, but refrain from admitting fault or apologizing, as this could impact your legal responsibility.
Speak with witnesses to gather their accounts of the accident and obtain their contact information for your lawyer to follow up with them. This information can be crucial in building a case for compensation.
Inform your insurance company about the incident, providing them with accurate details. It is important to cooperate and be honest to avoid potential claim denials.
Consider searching for a “car accident lawyer near me” if you sustained injuries in the accident. Some law firms offer free initial consultations for personal injury cases.
What Happens if I Am at Fault for a Car Accident:
The impact on your ability to collect compensation after causing a car accident varies depending on the state you reside in. In states that follow the “fault” system, the person responsible for the accident assumes liability, and their insurance company typically covers the damages. However, in “no-fault” states, the injured party seeks compensation from their own insurance provider through personal injury protection (PIP) coverage, regardless of who caused the collision. PIP coverage includes medical expenses and certain economic losses.
If you are at fault in a car accident, the other parties involved may file a third-party claim against your auto liability insurance policy. Even in no-fault states, they may request that your insurer compensate for damages exceeding their PIP coverage.
Certain states adhere to comparative negligence rules, which impact the amount of compensation you can receive if you share some fault for the accident. In states with a “pure comparative negligence” doctrine, your compensation will be reduced based on the percentage of your responsibility for the collision. In states with “modified comparative negligence” rules, you will only receive compensation if you are determined to be less than 50 percent at fault for the crash.
On the other hand, some states follow contributory negligence rules, where you will not be eligible for any recoverable damages if the jury determines that your fault for the accident is one percent or higher.
Do You Have To Go to Court for a Car Accident:
Some car accident cases do not go to trial. Typically, they settle as personal injury claims before you even consider filing a lawsuit. However, suppose the insurance company denies your claim or refuses to agree to a fair settlement. In that case, your lawyer can file a personal injury lawsuit so a court can decide your award.
This is why your attorney will prepare your claim as though it were a case going to trial. They will gather evidence and use their knowledge of the law to show the insurer you have a case that could win in court.
Insurance companies do not want to risk the outcome of a trial. They will evaluate the evidence your lawyer has obtained and check the overall presentation of facts. The more solid they assess your case, the more likely they will work out a settlement.
Law firms work to get you a fair settlement for your case. If the insurance company insists on a low settlement offer, this type of firm will not hesitate to file a lawsuit and litigate at trial for the award you deserve.
Should You Hire a Car Accident Lawyer for a Minor Accident:
A minor accident can mean different things to different people. In its most basic sense, in a car accident, a minor collision might be one in which you suffered no injuries. In this case, the insurance companies would enter into the picture, assess the repair estimates for your vehicle, and compensate you accordingly.
You do run a risk in this situation, though. As we have discussed, you may not be aware of injuries from your car accident for days following the incident. Suppose the at-fault individual’s insurer calls you right after the collision and offers a quick settlement based on your vehicle damage. In that case, you have no way of knowing whether you will later experience symptoms of physical injury. Once you accept the insurance company’s offer, you will be stuck with all the medical expenses and other related losses from this injury.
You can avoid making these unfortunate decisions by hiring a lawyer for even a minor accident. At the very least, consider calling a law firm for an initial consultation. Most personal injury firms offer free case reviews, and they can inform you of your options for recovering your losses.
When Should You Hire an Attorney After a Car Accident:
Following a car accident, your main concern should be your health and safety. Depending on the seriousness of your injuries, you should either call for an ambulance to take you to the hospital for treatment or promptly schedule an appointment with a doctor for a thorough examination. It is also important to contact the police so that an officer can assess the accident and create a report that can be used in your pursuit of compensation.
If you or another party involved in the accident has suffered personal injury or vehicle damage, or if there was a fatality, it is highly recommended to contact a car accident attorney as a top priority. Bringing in legal representation early on will provide them with access to crucial evidence such as photos of the accident scene and witness statements, allowing them more time to build a strong case considering the statutes of limitations that may apply.
Time is of the essence following a car accident. Having a lawyer on your side from the beginning will help you make informed decisions, alleviate the stress of dealing with insurance companies, and handle the legal aspects of the situation so you can focus on your recovery.
What Percentage Do Car Accident Lawyers Take:
Car accident attorneys utilizing the contingency fee structure may receive between 33% and 40% of your settlement if your case is successful, as outlined by the American Bar Association. This fixed percentage is agreed upon by the attorney.
The final percentage may vary depending on the progress and outcome of your case. It is advisable to discuss the payment amount with your attorney and address any queries you may have.
The contingency fee model enables attorneys to commence work on your case without any upfront charges. This arrangement also allows clients to focus on recovering from their car accidents rather than worrying about attorney fees in advance.
Even with a law firm operating on a contingency fee basis, there may still be additional fees to consider. It is recommended to confirm these fees beforehand to be prepared. These expenses may include court costs and fees related to experts involved in building your case, such as investigators and expert witnesses.
Which Attorney Handles Car Accidents:
Car accident lawyers primarily focus on handling personal injury cases. Depending on the specifics of your accident, you can seek legal advice from an attorney.
These lawyers specialize in traffic accidents involving various types of vehicles, such as commercial trucks, garbage trucks, or police vehicles.
They also handle cases related to specific driving behaviors like aggressive driving, driving under the influence (DUI), or accidents involving drivers from particular demographics like teenage or elderly drivers.
Moreover, they represent clients involved in accidents affecting specific parts of a vehicle, such as rear-end collisions or side-impact (T-bone) accidents.
Although hiring a lawyer is not mandatory for pursuing legal action in a car accident case, many individuals choose to do so to navigate the legal process more effectively. Having legal representation allows them to focus on recovery while the attorney handles the legal aspects.
Car accident lawyers assist their clients in establishing liability for the accident and building a strong case to support their claims for compensation. Successful financial recovery can help cover medical expenses and other accident-related costs.
How Much Will It Cost to Hire a Car Accident Lawyer:
The cost of hiring a car accident lawyer varies depending on the attorney you choose and their payment structure. Many law firms specializing in personal injury cases related to car accidents opt for a contingency fee model. Under this model, these firms do not require an upfront retainer fee or bill clients on an hourly basis. Instead, they receive a percentage of the financial compensation awarded to the client if the case is successful.
It is important for clients to understand the specific percentage that will be charged if they win their case. It is advisable to inquire about how any developments in the case or its outcome may impact the final percentage. In some instances, cases may be resolved outside of court, which could potentially alter the lawyer’s fee.
In Conclusion
You can find a good car accident lawyer by taking some time to figure out what you are looking for in your lawyer and what you hope to gain by working with them on your case. Asking friends and family is one way to get recommendations for attorneys who handle car accidents.
You can do an online search for law firms that have handled cases similar to yours. Also, look for attorneys whose legal backgrounds, qualifications, and results match your requirements. Once you find several options that seem like a good fit, you can schedule meetings to interact with them or the law firms they represent to confirm which one you are comfortable with.
Many firms offer prospective clients a free consultation, which provides an opportunity to get acquainted with them and how they might help your case. During that time, you can receive legal advice and ask questions to help you decide if hiring a car accident lawyer is right for you.