Most Common Cause of Car Accidents

A shocking report from the U.S. Bureau of Labor Statistics recently found that around 13 car accidents happen every minute in the country. In addition, more than half of these accidents occur due to negligence. So if you or your loved one has been injured in a car accident anywhere in the United States, the law allows you to pursue compensation.

At Morgan and Morgan, we understand that even though car accidents are common across the US, not many people are familiar with what to do if they get injured in these accidents. For this reason, we have answered some frequently asked questions about these types of accidents below, including how a car accident attorney may be able to fight for you or your loved one.

What Are Some of the Most Common Car Accidents?

Some common car accidents include the following:

• Rear-end collisions
• Head-on collisions
• Parking lot accidents
• Single vehicle accidents
• T-bone or cross-traffic accidents
• Low-speed accidents

Is the Rear Driver Always Liable for a Rear-End Collision?

Most states consider rear-end drivers liable in such collisions unless they prove otherwise. For instance, they may not be liable if the driver in front had broken brake lights or failed to signal before turning.

However, depending on the state, such drivers may still be liable if they were trailing the other vehicle dangerously close. This is because tailgating is illegal in most states.

What Should I Do After a Car Accident?

The steps you take after a car accident will determine whether or not you will be able to file a successful claim. They will also influence the amount of compensation you may be entitled to. For this reason, to improve your chances of winning, consider following these steps:

• Call 911 immediately and request an ambulance
• Document the accident scene by taking photos and videos of the injury, including the surrounding areas
• Gather the contact information of any witnesses
• Collect the other driver's information, including the name of their insurance provider
• Contact an experienced car accident attorney for a case evaluation

What Should I Not Do After a Car Accident?

Knowing what not to do after a car accident is equally important. This is because many plaintiffs end up jeopardizing their claims due to avoidable mistakes. Here are some tips to always keep in mind.

• Do not offer any recorded statement to the other party
• Do not reveal too much about the accident if the at-fault party contacts you
• Do not post about the accident on social media – the at-fault party could use your social media posts against you
• Do not sign any documents without an attorney
• Do not ignore your doctor's instructions even if you feel okay after a few treatment sessions
• Do not provide your medical records to the insurance company without consulting an attorney

The Other Driver Wants to Settle the Claim Without an Attorney. Should I Accept It?

It is not advisable to settle a claim without an attorney. This is because when the other party requests that you do not contact a lawyer, it is usually because they know that such an attorney will improve your chances of recovering maximum compensation for your injuries. In other words, the only reason they will want to settle the case without a lawyer is to offer less than what you are entitled to as compensation.

In addition, it may be too late to do so later when you do not hire an attorney when it matters most. For example, suppose you agree to sign the release of settlement agreement. In that case, a lawyer might not be of much help even if you later discover that you were entitled to more than what you accepted.

The Other Driver Does Not Want Me to Call the Police After the Accident. What Should I Do?

As a general rule, and a crucial one for that matter, you should always call the police after a car accident. They will write an accident report when they arrive at the accident scene. Remember to obtain a copy of this report.

This is because insurance companies will likely trust a police report rather than your own words against the other driver's. Secondly, without such a report, the burden of proof will weigh heavier on your side, meaning you will be responsible for proving key details about the accident. 

Who Should I Sue After a Car Accident?

It depends on the specifics of the accident. Let's discuss different scenarios.

You can file a lawsuit against your own insurance provider if you are covered against such accidents, and they refuse to process a valid claim. For instance, if you live in a no-fault state like Florida, you must first file a claim with your auto insurance provider. If they refuse to settle a valid claim and you have Personal Injury Protection insurance, you may be able to take legal action against them.

You can also sue the other driver's insurance provider, which is usually the most common way of obtaining compensation after a car accident. However, keep in mind that you bear the burden of proof in such a lawsuit, meaning you are responsible for proving their fault.

In addition, you may be able to sue a third party if the accident occurred due to their negligence as well. For instance, suppose the accident happened due to faulty brakes. In that case, the brake manufacturer might be partially responsible. If you have a valid claim against the manufacturer, a defective product liability attorney will collaborate with your car accident lawyer to pursue the compensation you deserve.

What Damages Can I Claim?

Economic and noneconomic damages are the most common types of damages claimed in these cases. If the case goes to court and the judge or jury rules that the other party was extremely negligent, you may also be able to recover punitive damages. 

How Is “Pain and Suffering” Calculated in a Car Accident Claim?

Most courts will look at the nature of your injuries when calculating pain and suffering. In most cases, the more severe your injuries, the higher the pain and suffering. Your attorney can also help you calculate pain and suffering based on the nature of your injuries.

In addition, the compensation for pain and suffering will depend on how well you documented the accident. This is because you must prove that you suffered severe injuries in order to be awarded a higher settlement for this specific damage.

How Long After a Car Accident Should I Notify the Car Insurance Provider?

Each insurance provider has a policy stating how long you should contact them after an accident. In most cases, you have 14 days from the accident date to notify the insurance company. However, notifying the insurance provider does not mean that you are filing a claim at that particular moment.

Should I File a Claim Right After the Car Accident?

No. It is never advisable to file a claim immediately after the accident. This is because the claim might not reflect the true value of your case. It is only after getting checked by a medical professional and evaluating other aspects of the case that you may know exactly how much compensation you may be entitled to. This process takes several weeks, months, and sometimes years.

Can I Recover Damages if I Was Partly to Blame for the Car Accident?

Yes, you can. But it also depends on various factors, such as the type of negligence laws used by the state where the accident occurred. Here is what you should know.

If the accident occurred in a contributory negligence state, you will not recover damages even if you were 1 percent at fault. In a pure comparative negligence state, you can recover damages based on your percentage of fault. Lastly, in a modified comparative negligence state, you may only recover damages if your contribution to the accident is below a certain threshold, usually 50 and 51 percent.

Do I Still Need to Get Checked by a Doctor if My Injuries Are Not That Serious?

It is vital to get checked by a doctor even if your injuries do not seem that serious initially. A medical professional specializing in car accident injuries knows how these injuries develop over time and also what to look for during the initial tests. For instance, internal injuries do not show their symptoms immediately, and when they begin to show, it usually signifies something is seriously wrong. So if you do not get checked immediately after the accident or within a reasonable timeframe, it may be too late to get the treatment you need to manage your injuries.

The Insurance Company Claims I Had a Pre-Existing Condition. Can I Still Recover Damages?

A pre-existing condition should not stop you from recovering damages after a car accident. Although the insurance company will not be responsible for your medical condition before the accident, they may be liable if the accident aggravated the pre-existing condition.

One of the key reasons the insurance provider will want to review your medical records is to find ways to avoid liability. This explains why granting them access to your medical records is never advisable without consulting an attorney.

Can I Still Get Treatment After a Car Accident if I Do Not Have Health Insurance?

Most seasoned car accident attorneys usually have a network of medical professionals who may be willing to treat you and deduct the medical costs from the settlement when you win the case. That is just one of the many options the attorney will explore if you need medical treatment after an accident, but you do not have medical cover.

The At-Fault Driver Did Not Have Insurance. Can I Still Recover Damages?

Yes, you may still be able to recover damages through your own insurance provider. This applies if you have uninsured or underinsured coverage. The attorney can also identify third parties who may have been responsible for the accident and also collect damages from them to maximize your claim.

How Long Do I Have to File a Car Accident Lawsuit?

The statute of limitations for filing a car accident lawsuit varies from state to state. In most cases, you have between two to four years to pursue legal action against the other party. But since this deadline varies from state to state, it is always advisable to contact an attorney as soon as possible to ensure you do not miss your chance to pursue legal action against the other party.

How Much Will the Attorney Charge to Represent Me?

It depends on who you hire to represent you. For example, at Morgan and Morgan, we charge our clients a contingent fee, meaning they only pay us if we win.

Looking for a Competent Car Accident Lawyer? There Is Only One Morgan & Morgan 

If you or your loved one has been injured due to another party's negligence, Morgan and Morgan car accident lawyers can fight for your right to compensation. We have fought for the injured for over three decades and dealt with countless insurance companies. For this reason, we know the tactics insurance companies use to avoid liability. As a result, we can help you navigate complex legal processes and deal with all kinds of bullies in your journey to obtaining the compensation you need and deserve.

While there are many car accident law firms in the country, there is only one Morgan and Morgan—the nation's largest injury firm. If you’ve been personally involved in one of the aforementioned most common car accidents, fill out our free case evaluation form to tell us about your case. With over $20 billion recovered so far for our clients, we might be able to fight for you as well.