Every now and then, there are hundreds of car accidents resulting in countless injuries and unnecessary deaths all across the United States and in other parts of the world. In the United States alone, these car accidents are the number one source that causes personal injury claims almost every day. In the year 2005 for instance, according to the National Highway Traffic Safety Administration; there were 6,087,000 cars found involved in severe accidents. As per estimates provided by the NHTSA, as many as 18,440 people lost their lives in fatal automobile accidents that year while 1,573,000 people were left with injuries, in various road accidents. Since, in most of the cases the drivers are found responsible, the harmed people i.e.., the accident victims usually succeed in settling the matter with the other party; on the plea that the accident actually occurred due to the first party's negligence. Liable party thus provides the victims with compensation for the following:
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• Medical expenses
• Pain
• Damage(s)
• Suffering(s)
• Penalties etc.
Once an accident has occurred, numerous legal issues are automatically associated with the situation, and this is the time when most often; you need to acquire the services of a car accident lawyer. And why you may need the lawyer or attorney, because you need to learn how to:
1. Determine your legal rights, and
2. How to evaluate what specific situation you are in.
Law associated with Car Accidents:
Whenever an accident occurs, as a legal matter it is described two (or more) passenger cars are involved in the event, or in some cases, a series of events thus resulting in:
• Deaths
• Injuries
• Harms
• Physical illnesses
• Traumatic brain injuries
• Property damage(s)
• Vehicle damages
As mentioned above, 'negligence' is the most common element involved in most of the major or minor motor vehicle accidents, and the same corresponds with a traffic law violation. If following an accident, one ends up arrested over DUI charge, negligence, over speeding, DUI first offense etc; a qualified and experienced defense lawyer is the first person one should be contacting immediately.
Negligence:
Now even the driver under arrest was found negligent, it becomes a must for the victim as well as for the insurance company representing him or a court award; to prove the negligence. This legal term 'Negligence' refers to someone's 'failure' to acting responsibly or reasonably. It is usually from the facts such as police report, expert witness testimony, eyewitness testimony, sketches and photographs of both the crash scene and vehicles involved, that the authorities 'find out' or 'prove' the negligence.
To better understand the term, consider the following:
1. Careless on part of someone else, caused an accident.
2. The harm caused due to the car accident.
3. First party (the driver) is at fault.
4. First party (the driver) will pay compensation(s) for whatever the harm is done.
Here, one should clearly understand one key Athens Car Accident Lawyer factor: If there is more than one party involved, and found at fault; liability thus may be distributed in a different manner among the negligent parties. It will be distributed according to evident percentage of fault instead, and the term 'Comparative Negligence' is used to describe the same. If a serious injury is caused following a car accident, a closed head injury for instance, the victims must contact an experienced car accident lawyer for assistance, who may help them determine their respective rights. He will also be able facilitate the claims; the victim may have to the compensation, greater than the settlement(s) made initially.
However, one must keep in mind that any insurance company may refuse paying the full cost of:
• Property damage
• Medical expenses
• Psychological pain
• Lost income or valuables etc.
A car accident lawyer is one who specializes in the legal ramifications that may follow a vehicular collision. In some cases, car accidents will not warrant the intervention of a lawyer and may be sorted out easily by the third party and your insurer. However, in more critical cases where there is damage to property or injury to any occupants of either vehicle then a car accident lawyer will be essential. He or she will not only be used to help clear you of any wrongs in instances where you are in the right, but in the event that a settlement or a court case becomes relevant he or she will act as your legal representative. In some cases your lawyer may be used to advise you when or if your insurer decides not to pay out for any damages incurred. In this instance things may get very messy because of the legal loop-holes many insurance companies occasionally employ. While your automobile insurance should protect you in most circumstances there are certain clauses within any contract that may compromise your position significantly. Hence it is vital that if you are involved in a major accident and encounter any of these problems that you consult a lawyer instantly to protect your own interest.
What should I do if I am in an Accident?
Once you have been unfortunate enough to be involved in a motor vehicle accident the first thing you need to do is assess the damage and the situation. Take pictures of both vehicles and exchange particulars between yourself and the other driver. Ensure that all passengers are in good physical condition if not then seek emergency medical care.
Your next step will be to call the insurance company to inform them of your accident. They may send a tow truck to have the car picked up if it cannot be driven and sent to a garage affiliated with the company. The insurers will sort everything out on their end, however you will still need to do a bit more in case the accident is severe.
Get in contact with a lawyer and have him or her review any statements you may get from your insurance company or the third party involved in the accident. A lawyer will be able to give you very sound advice should things take a bad turn.
Where can I find a Canadian Car Insurance Lawyer?
There are many available legal representatives in Canada. You will find an abundant source of listings for different law firms and independent lawyers online or in a directory. It may be very useful for you to read reviews about some law firms or get recommendations from family, friends or associates who have had similar troubles. While money may be an issue do not skimp too much on this important expense as this could cause you more harm than good especially if your lawyer is not competent or experienced enough to deal with the issues that may arise in relation to a vehicular collision.