Your Guide to Filing a Motor Vehicle Accident Lawsuit with Morgan & Morgan

Motor vehicle accidents are a common occurrence on the roads, and they can result in significant damage, injury, and even death. If you've been involved in a motor vehicle accident that was caused by someone else's negligence, you may be entitled to compensation for your losses. A motor vehicle accident lawsuit can be a complex and lengthy process, but it's a necessary step if you're seeking justice and compensation.

Morgan & Morgan is here to help. We have offices throughout the country, so we can help you no matter where you’re located. We have been providing successful legal assistance to people for decades, recovering billions of dollars on behalf of our clients.

For help with a motor vehicle accident lawsuit, contact Morgan & Morgan to schedule a free case evaluation.

Most Common Causes of Motor Vehicle Accidents

Motor vehicle accidents are increasingly common and can result in devastating consequences for those involved. Whether you're a driver, passenger, or pedestrian, understanding the most common causes of these accidents is crucial for staying safe on the road.

Distracted Driving: With the rise of smartphones and other digital devices, distracted driving has become one of the leading causes of motor vehicle accidents. Whether it's texting, talking on the phone, or using navigation apps, taking your attention away from the road even for a split second can have disastrous consequences.

Speeding: Excessive speed is a major contributor to the severity of motor vehicle accidents. The faster a vehicle is traveling, the less time a driver has to react to changing road conditions and the greater the force of impact in the event of a collision.

Impaired Driving: Whether it's driving under the influence of drugs or alcohol, or operating a vehicle while tired or drowsy, impaired driving can severely impair a driver's reaction time, judgment, and ability to make split-second decisions.

Reckless Driving: From tailgating to making sudden lane changes, reckless driving behaviors put both the driver and others on the road in serious danger.

Weather Conditions: Inclement weather such as rain, snow, and fog can reduce visibility and make roads slippery, increasing the risk of accidents.

Road Defects: Poor road design, maintenance, or construction can pose a hazard to drivers and contribute to motor vehicle accidents.

Mechanical Failure: Issues with a vehicle's tires, brakes, or other components can lead to accidents, particularly if they are not properly maintained or repaired.

How to Prove Someone Else Was at Fault for Your Car Accident?

If you've been involved in a car accident and believe that someone else was at fault, it's important to take steps to prove liability. Proving fault can be challenging, but having the right evidence and understanding the legal process can help you build a strong case. The following is a list of how you can start to establish fault:

Gather Evidence: As soon as possible after the accident, gather as much evidence as you can, including photos of the scene, witness statements, and the police report. If possible, take photos of the damage to both vehicles and any skid marks on the road.

Contact Witnesses: If there were witnesses to the accident, try to get their contact information and obtain written statements from them. This can help to establish what happened and who was at fault.

Consult With an Expert: If the cause of the accident is unclear, consider consulting with an expert who can examine the vehicles and the scene to determine what caused the collision. Your lawyer can help you with this.

Hire an Experienced Attorney: Working with an experienced personal injury attorney can help you navigate the legal process and build a strong case. An attorney can also help you negotiate with insurance companies, gather evidence, and represent you in court if necessary.

Ultimately, you'll need to show that the other driver breached their duty of care, meaning that they failed to act as a reasonable person would under similar circumstances. This can be done by demonstrating that the other driver was speeding, distracted, impaired, or engaged in some other form of reckless or negligent behavior.

How Can a Lawyer Help With Your Motor Vehicle Accident Lawsuit?

The process of taking on a motor vehicle accident lawsuit can often be daunting due to all the paperwork, research, and evidence that needs to be compiled before even getting started. For this reason, it’s important not to go at this challenge alone. Here’s how a lawyer can help:

Determine Liability: This can involve reviewing the evidence from the scene of the accident, including photos, witness statements, and the police report. It's important to determine who breached their duty of care and caused the accident to ensure that you have a valid claim.

File a Claim: Once you have determined who was at fault, the next step is to file a claim with the insurance company of the person who caused the accident. You shouldn’t do this before talking to your lawyer.

Negotiate With Insurance Companies: Negotiating with insurance companies can be a challenging process, especially if they're reluctant to pay what you're owed. An experienced personal injury attorney can help you navigate this process and negotiate with the insurance company to ensure that you receive a fair settlement.

Go to Court: If you're unable to reach a settlement with the insurance company, you may need to file a lawsuit. This can be a complicated and time-consuming process, but it's the only way to ensure that you receive the compensation you deserve. An experienced motor vehicle accident lawyer can represent you in court and at trial if necessary.

What Types of Compensation Can Morgan & Morgan Help Me Recover?

If you've been injured due to someone else's negligence, you may be entitled to compensation, but navigating the legal system and determining what compensation you're eligible for can be a confusing and overwhelming process. So what exactly is compensation, and what types can you recover?

Medical expenses: If you've been injured, the first and most immediate concern is likely to be your medical expenses. This can include everything from doctor visits and hospital stays to surgery and rehabilitation to travel costs. You'll need to provide evidence of your medical expenses, such as receipts, bills, and records from your healthcare provider.

Lost wages: If you're unable to work due to your injury, you may be eligible for compensation to cover your lost wages. This can include both past and future lost income, as well as any bonuses or commissions you may have missed out on. To recover lost wages, you'll need to provide documentation from your employer, such as pay stubs and an employment contract.

Pain and suffering: In addition to physical injuries, personal injury claims often include compensation for pain and suffering. This is a non-economic form of compensation that takes into account the physical and emotional toll of your injury. To recover compensation for pain and suffering, you'll need to provide evidence of the impact your injury has had on your daily life, such as records or testimony from a therapist and testimony from friends and family about how your life has been impacted.

Property damage: If your property was damaged in the incident that caused your injury, you may be eligible for compensation to cover the cost of repairs or replacement. This can include everything from your car to personal belongings. To recover compensation for property damage, you'll need to provide evidence of the extent of the damage, such as photos and estimates from a repair shop.

Punitive damages: In some cases, the party responsible for your injury may have acted with extreme recklessness or disregard for your safety. In these cases, you may be eligible for punitive damages, which are designed to punish the responsible party and deter similar behavior in the future.

How Much Does a Lawyer Cost?

The cost of a lawyer can vary widely depending on the type of case, the experience and expertise of the lawyer, and other factors. In personal injury cases, one common fee arrangement is a contingency fee.

A contingency fee is a type of payment structure where the lawyer only gets paid if they win your case. If the case is successful, the lawyer takes a percentage of the award as their fee. The percentage varies depending on the case, but it's typically between 33% and 40% of the award.

One of the main benefits of a contingency fee arrangement is that it gives people who may not have the financial resources to pay a lawyer upfront access to legal representation. If the case is unsuccessful, the client doesn't owe the lawyer any money, which can help ease some of the financial burden of pursuing a legal case.

It's important to keep in mind that a contingency fee may not cover other costs associated with a lawsuit, such as court filing fees or expert witness fees. Always discuss this with your lawyer.

Contact Morgan & Morgan for Help With Your Motor Vehicle Accident Lawsuit

A motor vehicle accident lawsuit can be a difficult and emotional experience, but it's a necessary step if you're seeking justice and compensation for your losses. With the right legal representation, you can ensure that your rights are protected and that you receive the compensation you deserve. At Morgan & Morgan, our experienced personal injury lawyers have a proven track record of success and are dedicated to helping our clients get the justice they deserve. Contact us today to schedule a free consultation and learn more about how we can help.