Motor Vehicle Accidents - An Overview
Cases arising out of automobile accidents are by far
the most common type of personal injury case pending in
our court system today. This is not surprising, given
that every 10 seconds, someone in the United States is
involved in a car accident, according to the National
Highway Traffic Safety Administration (NHTSA). Except
in those states where legislation eliminating fault as
an issue has been passed (no-fault laws), these cases
are typically governed by the law of negligence.
Generally, people who operate automobiles must exercise
"reasonable care under the circumstances." A failure to
use reasonable care is considered negligence. A
person who negligently operates a vehicle may be
required to pay for any damages, either to a person or
property, caused by his or her negligence. The injured
party, known as the plaintiff, is required to prove
that the defendant was negligent, that the negligence
was a proximate cause of the accident, and that the
accident caused the plaintiff's injuries. If you have
been involved in a motor vehicle accident, you must not
hesitate to seek legal counsel from a personal injury
attorney experienced in automobile accident cases in
order to best protect your interests.
Injuries and Compensation
Generally, an individual injured in an automobile
accident may bring a claim or lawsuit to recover the
actual expenses associated with property damage and
medical costs, economic damages, and emotional and
physical pain and suffering. Litigation involving motor
vehicle accidents can be extremely complicated.
Retaining an experienced lawyer familiar with motor
vehicle accident damages will place you in the best
position to receive the recovery that you deserve.
Insurance Claims Dos & Don'ts
Do call your agent as soon as a covered event
takes place. As soon as you get home from the car
accident, or even before you go to the doctor, call
your agent.
Do review and understand your coverage before
talking to your insurer or your agent. Read the
"Coverage" and "Exclusion" sections of you policy in
particular.
Uninsured or Underinsured Motorists
Many drivers ignore motor vehicle insurance
requirements, cannot afford to purchase insurance, or
carry insufficient insurance. Uninsured motorist
coverage is a form of insurance that pays for bodily
injury that results from an accident with a driver who
is legally responsible for the injuries, but has no
liability coverage. Underinsured motorist coverage pays
for bodily injury that results from an accident with a
driver who has liability insurance with limits that are
lower than the injured party's underinsured motorist
coverage limits. If you have been involved in an
accident with an uninsured or underinsured driver, it
is important that you contact an attorney at an
experienced personal injury law firm immediately so
you do not waive valuable legal rights.
No-Fault Insurance
The laws of the state in which the accident occurs
determine who pays for the damages from an automobile
accident. Basically, in a no-fault insurance state,
fault is not placed on either party, and each driver
generally submits a claim to his or her own insurance
company instead of establishing blame. Many states,
including Florida, Kansas, Kentucky, Massachusetts,
Michigan, Minnesota, New Jersey, New York, Pennsylvania,
and others, have some form of no-fault insurance laws.
No-fault auto insurance is widely misunderstood, and is
applied differently in every state that offers it. If
you are in an automobile accident, you should contact
an experienced personal injury firm to discuss how the
relevant state law views fault and to determine how
fault or no-fault laws may affect your right to recover
damages for injuries.
What to do if you are in an accident
If you are involved in an automobile collision, stop.
Most states require an individual not to leave the scene
of an accident, even a minor one, without first stopping
to see whether there are damages or injuries. A person
may be criminally prosecuted for leaving the scene of
an automobile accident.