Car Accident Lawyer
Car Accident Lawsuit
A car accident can result in expensive property damage and life-changing injuries. According to the National Safety Council, in 2018, there was an estimated car accident fatality count of 40,000 people. Drivers on the road have to take responsibility and operate their vehicles with caution and obey all traffic laws. However, being a safe driver will not protect you from those on the road who routinely drive recklessly and break traffic laws.
After the car crash, victims will face mounting medical and car repair bills, time lost from work, insurance claims, and physical recovery. Dealing with insurance companies and the law to receive some sort of compensation can be extremely difficult, but you don’t have to do this alone.
The Dash Injury Law Firm is dedicated to fighting for victims of car accidents whose lives were forever changed because of another driver’s negligence. We are experts in working through complex legal and insurance processes to ensure our clients get the financial compensation they deserve. Complete an online contact form to learn how our legal team can help you move past your car accident and so you can continue your daily life.
Common Causes of Car Accidents
Accidents on the roadways occur every day and are caused by various reasons, such as a negligent driver. A driver who is disobeying traffic laws and being irresponsible is highly likely to cause a serious car accident. When such accidents occur, you will want the help of a determined and experienced car accident lawyer. Below is a list of common factors that cause car crashes, according to the National Highway Traffic Safety Administration:
- Distracted Driving
- Drunk Driving
- Reckless Driving
- Texting & Driving
By familiarizing yourself with these causes, you may be able to notice another driver presenting such behavior, and you may be able to help prevent a crash.
At the Car Accident Scene
Immediately after a car accident and while still at the crash scene, it is important to remain calm. Here is a list of important steps to take:
Check yourself and others for injuries - In case anyone involved in the car crash sustained severe injuries, you should call 911 for help as soon as possible to get ambulances, firetrucks, and police officers to the crash site. If it is obvious that no one was injured, then requesting only police will do.
Take photos - If you are uninjured and are able to walk, use your smartphone to take pictures of the car accident. Those who are injured and cannot walk should see if anyone else can. Be sure to take pictures of any injuries, damage to the cars, skid marks, street signs, license plates, and vehicle information. These photos will be crucial in helping build a successful car accident lawsuit.
Gather the other driver’s information - If you were in a car accident with another driver, you should write down their name, contact and insurance information. You may even be able to get pictures of the other driver’s insurance card and driver’s license. Any witnesses who saw the accident can help your case as well and their contact information should also be collected.
Do not leave the crash site - You should not leave the car accident scene until law enforcement has instructed you to do so. It is also recommended that car accident victims get a thorough check from an EMT before leaving the scene.
Car Accident Settlements
The average amount of a car accident settlement is difficult to determine because each case is different. For example, there will be a much higher settlement amount in a case where a family was killed by a drunk driver compared to a fender bender at a stop sign. When a plaintiff files a lawsuit and claims that another driver’s negligence caused the accident, he or she is able to seek a variety of different damages. The factors that are considered when determining a car accident settlement amount include:
- Car damage and cost of repairs
- Severity of injuries and medical expenses
- Wages lost from missing work
- Pain and suffering
Proving Negligence in a Car Accident Lawsuit
The plaintiff in a car accident lawsuit will be required to show that the defendant was negligent in order to win compensation. Negligence comes from common law and has been developed in legal cases over the years. The required elements that must be proven are:
Duty of Care - The plaintiff must show that the defendant owed a duty of care to the plaintiff. In other words, it is the duty and responsibility of other drivers to drive safely and to not place other drivers at risk of harm.
Breach of Duty - The plaintiff must show that the defendant did not uphold their duty of care and did not act as a reasonable driver would have under the circumstances of the accident. For example, a reasonable driver would not run a red light at high speed.
Injury - The plaintiff must show that they sustained an injury as a result of the breach of duty. Medical reports and documents make it easy to prove this element.
Causation - The plaintiff must show that the negligent actions of the other party were the primary cause of his or her injuries.
To prove these elements of negligence, plaintiffs and their attorneys will need the following:
Pictures of the car accident - Photographs of the crash scene can be used to show a judge or jury visual evidence of the accident.
Witness testimony - This is a contemporaneous recollection from a person who was not involved in the accident and will help the plaintiff immensely.
Testimonies from the plaintiff & defendant - The testimonies from both parties will help to recreate what exactly happened but the testimonies will matter more if it is corroborated by other evidence.
Expert testimony – In certain special cases, expert testimony can be important when dealing with things such as rates of speed and patterns of skids.
Contact Our Car Accident Lawyers
Dash Injury Law Firm helps car accident victims take legal action that advances their legal rights. Our personal injury attorneys are skilled and experienced in litigating car accident lawsuits. We know how to handle insurance companies looking to offer car accident victims low settlements. Insurance companies are often fairer to victims who they know are represented by an attorney.
Our determined and experienced car accident lawyers will negotiate on behalf of clients for maximum financial compensation. We will work to resolve your case outside of court but will take the matter to a judge or jury if necessary.
Dash Injury Law Firm provides car accident lawsuit services in the surrounding areas of the following locations:
- San Jose, CA
- Washington, DC
- Northern Virginia
Call Dash Injury Law Firm today at 888-(DASH-LAW) or fill out an online contact form for a free consultation.
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.