What You Don’t Know about Auto Accident Law and Why You Need to Learn

Every time you get behind the wheel of a car, take your place in the passenger’s seat, walk or bike near a public highway, you are at risk of being injured in an accident. When the unthinkable happens, the majority of people don’t know their rights or what types of injuries are really significant. For example, if you obtain a broken arm during an accident, you might receive treatment with your own health insurance and wait until it heals. A broken arm may cause an inconvenience at your job, but it doesn’t prevent you from working.

When an infection unexpectedly prolongs and intensifies the injury, you find yourself taking more medications that impact your ability to think clearly. More tests are required and surgery may even be needed. Suddenly, you are unable to work and your health insurance isn’t paying for all of your treatment. Kevin Attkisson of  The Attkisson Law Firm explains that injuries from minor accidents are frequently the most difficult to deal with during the following months.

Auto accident law is determined largely by the state in which the accident occurs. One commonality that extends to every state is the burden of the accident victim to prove the same four elements in order to prove that the other driver was negligent in causing your injuries:

1.      Duty – The driver’s duty to obey legal laws of the road and operation of their vehicle. Breaking the speed limit, running a traffic light, or veering into the oncoming lane are every driver’s assumed duty. In most cases, these are accepted without disagreement.

2.      Breach of Duty - The accident victim is required by law to prove that the other driver breached their duty, causing the accident. Some types of evidence used to prove breach of duty include eyewitness testimony, skit marks, blood alcohol readings, or traffic surveillance videos.

3.      Causation– Once breach of duty has been established, the accident victim further has the burden of providing causation, or that the breach caused their injury. Medical testimony is used to show that the injury exists now, that it didn’t exist before, and that it is consistent with the circumstances of the accident.

4.      Damages–Finally, the accident victim must prove that damages did occur as a result of the other driver’s actions. This element is essential to obtaining compensation for medical bills, loss of wages, pain and suffering and others.

When You Have an Auto Accident

Never admit to partial or total guilt for an accident or make an apology to the other person involved. According to auto accident law, an admission of fault can be used to prove breach of duty. These statements can be used later to place fault on you and prevent you from getting compensation even if the accident wasn’t your fault.

Always exchange information with the other driver, including their name, address, contact information and insurance company. If anyone has been injured, it is your obligation to assist them or to summon emergency services.

Your Rights on Both Sides of the Auto Accident Law

If you are the victim of an auto accident, you need to know your rights and follow the statute of limitations for filing a claim. Even if your injury seems minor, you will need to discuss your situation with an experience auto accident attorney to see if you have a case and what the damages may be. There may be extenuating circumstances in your case that are clearly covered under the auto accident law in your state but which are not apparent to you. Regardless of the circumstances, waiting to see what happens with your injury is never a good idea.

You should always take steps to obey your duty when driving as well. The dangers of drivers who are intoxicated or under the influence of drugs are well-known but the hazards that come with cell phones is rather new. Something to keep in mind is that if you are texting and driving when you disobey the rules of the road, you can be held responsible for any accidents you cause, the resulting injuries, and potentially, any wrongful deaths.

Hit and run accidents also have severe consequences, even for the driver who is not at fault. Just as many areas of auto accident law, the definition of hit and run differs according to state. Even so, most states have laws that clearly outline the responsibilities of anyone involved. These accidents may involve damages to property and personal injuries as well. In addition to civil liability, you may face criminal charges, loss of wages, or punitive damages as a punishment for leaving the scene. If you are ever a victim of a hit and run, report the incident to the police immediately, even if you have not been seriously injured. Next, contact an auto accident law attorney who will help protect you and your assets going forward.

Treating Your Injuries

When you are injured in a car accident, get treatment immediately. Regardless of the legal aspects of the situation, nothing is more important than taking care of yourself. Keep all of your bills and receipts for your treatment and follow any instructions you have for taking medications or other advice given by the physicians. From your first examination, you will need to keep accurate records to prove your injuries and that the accident was their cause.

Finding an Auto Accident Attorney

Because the auto accident law varies from state-to-state, it is always a good idea to find an auto accident attorney who has practiced extensively in your state. Experience is the most important feature to look for at a time when you are confused and need someone you can rely on. Do your research online to find an auto accident law attorney with a high rating to help you take the right steps to protect your interests and get the compensation you need to heal and recover from your accident injuries.

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Created on Dec 31st 1969 18:00. Viewed 0 times.

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