What are the most common types of car accidents you’ve seen among your clients? What are some of the most common circumstances?
The following are some of the most common auto accidents:
- Rear end collisions. This occurs when one vehicle collides into another from behind. This type of accident occurs when the vehicle in the front slows or stops, and the driver in the rear is unable or unwilling to stop due to not keeping the proper distance and speed or not paying enough attention to the road.
- Tbone collisions. This occurs when one vehicle collides into the side or another vehicle. These accidents are often caused by drivers who fail to yield right-of-way or run a red signal at intersections.
- Sideswipe Collisions. This occurs when two vehicles travelling in the same directions collide. These accidents are often caused by drivers who change lanes without checking or signaling their intentions.
- A head-on collision is the most serious type of accident. It occurs when two vehicles travelling in opposite directions collide. These accidents can lead to serious injuries or fatalities.
Auto accidents are often caused by:
- Distracted Driving. Any activity that diverts the driver’s focus from the road such as eating, using a mobile phone or adjusting the stereo.
- Impaired Driving. Driving while under the influence of alcohol or drugs can seriously impair a person’s ability operate a vehicle in a safe manner.
- Speeding. Driving too fast increases the risk of losing control, especially when the road conditions are bad.
- Reckless Driving. This is a driving style that includes tailgating, weaving through traffic and ignoring signs and signals.
How is the liability of an auto accident determined most commonly?
In most cases, the circumstances and facts surrounding an accident are used to determine liability. When determining responsibility, the following factors are usually considered:
- Negligence. Negligence occurs when someone fails to act with reasonable care and causes harm to another. In an automobile accident, negligence may take on many forms. For example, speeding, running red lights, or not yielding the right-of-way are all examples.
- Traffic laws. Drivers must obey traffic laws and regulations. Violations of these laws may be used as evidence to establish liability.
- Eyewitness testimonies. The testimony of witnesses to an accident may provide valuable information on the events that led up to the incident, which could help establish liability.
- Reports of the police. The reports of the police often contain information on accidents and can provide evidence for liability.
- Expert witness. Accident reconstructionists, for example, can analyze and testify about the cause of an accident and the person at fault.
- Insurance policy information Insurance policy information can include coverage limits, exclusions and liability.
Liability may be split between several parties in some situations. If both drivers are negligent, the liability can be divided between them according to their degrees of negligence. Liability in an automobile accident is ultimately determined by applying legal principles and examining the evidence.
What is the typical timeframe and process involved in litigating a car accident?
The process and timing involved in litigating a car accident case can vary depending on its complexity and the jurisdiction that is litigating the case. The following are typical timings and process that can be involved in a lawsuit involving an auto accident:
- Making a claim. In most cases, the first step to litigating a car accident is filing a claim at the insurance company of the driver who was at fault. A claim usually includes a description about the accident and any injuries or damages, as well as a request for compensation.
- Investigative. An insurance company will conduct an investigation into the claim. This may include interviewing witnesses, obtaining police reports and examining physical proof.
- Settlement Negotiations. After the investigation has been completed, the insurance company can offer a settlement in order to resolve the claim. The case is resolved if the parties reach a settlement.
- Filing of a lawsuit. In the event that the parties are unable to reach an agreement, the injured party can file a suit against the driver at fault. A lawsuit usually includes a complaint that outlines the legal claims made and damages sought.
- Discovery. Both sides will exchange evidence and information, such as witness statements, medical records, and expert reports.
- Motions for pre-trial resolution. Both sides may file motions before trial to resolve legal issues, such as motions excluding evidence or dismissing the case.
- Trial. In the event that the case goes to trial, both parties will have to present their evidence and arguments before a judge or jury who will decide on liability and damages.
- Appeals. Either party may appeal the decision of the court if they are not satisfied with it.
Depending on the complexity of a case and the schedule of the court, the entire process of litigating a car accident can last anywhere between several months and several years. You should work with an attorney who has experience in the field to help guide you and get you the compensation that you deserve.
What factors affect the amount of compensation that a victim may receive?
The amount of compensation that a victim may receive for an auto accident depends on a number of factors.
- Injuries sustained. The extent of the injuries and their severity are major factors in determining compensation. Compensation is usually higher for serious injuries that result in long-term disabilities or impairments and require extensive medical care.
- Medical expenses. Medical expenses.
- Lost wage. In the event that the victim cannot work due to the accident, he or she may be entitled compensation for the lost wages.
- Damage to property. Compensation can include compensation for damage caused to a victim’s car or other personal belongings.
- Compensation for pain and suffering. The victim may be entitled compensation for the physical and emotional pain caused by an accident, such as anxiety, depression, and loss of enjoyment in life.
- Comparative negligence. The amount of compensation that the victim is entitled to can be reduced proportionally to the degree of their fault.
- Insurance coverage. A victim’s compensation may be limited depending on the coverage provided by the driver at fault.
Working with a lawyer who has experience in the field is crucial. They can help you determine the exact circumstances of your case, and ensure that the victim gets the maximum amount of compensation.
What would you tell a potential client to do after an automobile accident? What are the first steps?
Following are important steps you should take after an auto accident:
- Check your injuries and those of any passengers. Call 911 and ask for medical help if anyone is hurt.
- Contact police. Report the accident to the police, even if the incident is minor. You can request a copy the police report.
- Exchanging information exchanging information with the other drivers, such as names, addresses, telephone numbers, insurance details and license plate numbers.
- Documentation of the accident scene Take pictures of the accident scene, including the damage to vehicles and skid marks on the road. This information can help determine liability and support a claim for damage.
- Get medical help. You should seek medical care after an accident, even if you don’t think you have been injured. Early diagnosis and treatment are crucial for recovering from some injuries that may not be obvious.
- Consult an attorney. Consider consulting an experienced auto accident lawyer who can guide you through your claim process and help you understand the rights and options you have.
You should always remember that the actions you take after an accident may have a major impact on your safety, health and legal rights. Prioritise your health and safety and take these steps to protect your rights and interests.
What would you tell a potential client to do after an automobile accident? What are the first steps?
There are several mistakes people make after an accident that can harm their chances of getting fair compensation for their injuries or damages. The mistakes include:
- Not seeking medical attention. It is important to get medical care, even if you are feeling fine after the accident. Delaying treatment may make some injuries worse. Delaying medical treatment can also damage your credibility when you file a later claim for damages.
- Acknowledging fault or apologising. It is important to not admit fault or apologize, even if you believe you were partially at fault for the accident. It can be used to your disadvantage in court, or during negotiations with insurance companies.
- Failure to collect evidence. At the scene of an accident, it is important to gather as much evidence as possible, including photos of damage and the contact information of any witnesses.
- Reporting the accident too late. You should report your accident as soon as you can. This can lead to problems later with your insurance claim.
- Failure to follow-up with recommended medical treatment. After an accident you should follow-up with the medical treatment that was prescribed. Failure to follow up on medical treatment can damage your credibility and reduce your chances of getting fair compensation.
- Accepting a fast settlement Insurance Companies may offer quick settlements in order to settle claims for less than they are worth. Before accepting any settlement offer, it is best to consult an attorney.
- Postings on Social Media. Whatever you post on social networks can be used in court against you. Avoid posting anything on social media about the accident or injuries.
Working with an auto accident lawyer who is experienced can help you protect your legal rights, and maximize your chances of receiving compensation for your injuries.
Violet Dersahakian is the Lead Attorney
300 West Glenoaks Blvd, Suite 304, Glendale, CA 91202, USA
Tel: +1 818-797-1999
Fax: +1 818-484-2137
Violet Dersahakianis a founder and the lead attorney at Progress Law Firm. Violet Dersahakian, who is fluent in Russian and Armenian, as well as English, and conversant in Farsi and English, immigrated to the US from Iran in 2002. She has excelled in her career since then. She has an associate’s degree, paralegal license and diploma, bachelor’s and law degrees.
Progress Law Firm provides a wide range of services, specializing in estate planning and personal injury matters. The firm handles immigration cases throughout the United States.