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Improper design, maintenance, construction, signage, lighting
or other highway defects, including poorly placed trees and utility
poles, can also cause serious accidents. If you haven't brought a
personal injury claim because you didn't think there was another
driver to blame, contact us to evaluate other potential defendants.
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.
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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.
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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.
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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.
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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.
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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.
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Frequently Asked Questions about Motor Vehicle Accidents
Q: Can I recover even if the accident was my fault?
A: Whether you can recover if the accident was your fault
depends on the laws of your state. Some states do not consider fault
with regards to some damages, and in those states some of your economic
losses may be paid by your own no-fault policy. Other states consider
fault, but you may still be able to recover for your injuries, even if
the accident was partially your fault. However, in that case, you may be
required to prove that the other party's fault was greater than yours or
to reduce the amount of your compensation by your percentage of fault.
Q: Who can I sue to recover my damages?
A: In some cases, an accident victim may be able to sue
parties other than the at-fault driver. For example, if the at-fault
driver did not own the car, the car's owner may also be liable for
your damages. If the at-fault driver was impaired from consuming too
much alcohol, you may be able to bring a "dram shop" complaint against
a business that served alcohol to the driver even though he was visibly
impaired. In some cases, you may be able to bring an action against
another party, such as an automobile manufacturer or construction company,
if a defect in the vehicle or the roadway caused the accident. If the
accident involved a tractor-trailer, the driver's violation of rules and
regulations may be the basis for a lawsuit against the driver or his
or her employer.
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