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.