Law

Who Is Held Liable After a Major Car Accident?

Car accidents are one of the most common causes of accident-related morbidity and mortality in the United States. These accidents can occur anywhere without warning, resulting in devastating consequences for the victims and their families. According to the official statistics released by the National Highway Traffic Safety Administration, nearly 50,000 people lost their lives in fatal car crashes throughout the United States in 2021. The number represents a nearly eleven percent increase in car accident fatalities compared to the year prior, which is both tragic and alarming for the future of the country where most individuals use a vehicle to commute every day.

If you get involved in an auto accident due to the negligence of another driver, you might be able to pursue legal action against them. Through a lawsuit filed against the negligent party, you can seek compensation for your financial and non-financial damages, including emotional distress, pain & suffering, and more. Getting in touch with a trusted and competent car accident lawyer is one of the most important first steps to ensuring justice for your accident and injuries.

Steps to Take Immediately After a Car Accident

Getting involved in an accident can be shocking and highly traumatizing for anyone, and car accidents are no different. While it can be extremely difficult to think clearly after getting involved in a traffic accident, you should keep a few crucial steps in mind to take immediately after the accident. These steps ensure that your legal rights would be protected in case of a future lawsuit and significantly enhance your chances of getting fair compensation for your damages.

The first thing to do is to stay at the site of the accident and ensure the safety of everyone involved. It is important to immediately call the emergency services and ask for assistance. While on call, you should also ask local law enforcement to file an official report related to the accident. You should check yourself and others for any signs of visible injury or bleeding and park your vehicle on the side of the road away from oncoming traffic.

It is essential to gather as much physical evidence related to the accident as possible, including the personal details of the driver, their insurance policy number, photographs, and videos of the site of the accident and damages, brief eyewitness statements with their contact information, pertinent details about the circumstances surrounding the accident (e.g., the weather), and more. It is important to get in touch with a lawyer immediately and notify your insurance company.

Determining Liability

Determining liability in car accidents depends on several factors, including whether or not the state where the accident occurred follows the contributory negligence rule. According to this rule, the plaintiff might lose their right to obtain compensation if it is discovered that they shared a percentage of fault, no matter how little. In states where this rule does not apply, you might obtain compensation by proving in court that the driver of the vehicle owed you a duty of care and, through the accident, directly breached it, resulting in physical injuries and financial damages. You will also need to submit physical evidence demonstrating your damages to successfully prove your case in court.

Conclusion

If you got involved in an unfortunate car accident, you might be able to sue the negligent driver for compensation for damages resulting from the incident. To obtain fair compensation, hiring a competent attorney is crucial. A skilled lawyer can help you build a strong case against the defendant and significantly increase your chances of winning the legal battle.

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