Car accident lawyers can help if you have been involved in an accident where you were injured or caused injury to another party. In most all states, after an accident occurs the car accident lawyers from the insurance company of the at-fault party will be responsible for any compensatory damages that are owed to the injured party. From there, the at fault party will “pay” in the form of increased insurance premiums.
The laws that apply to car accident cases vary from state to state and so it can be difficult to handle legal matters on your own without the help of car accident lawyers. There are, however, some basics that we can cover to help you to better understand how car accident cases work. How are car accident injury claims handled in no-fault states? What happens if more than one party is found to be at-fault in causing an accident that lead to injuries? These are just a couple of questions that pertain to car accident cases that talking to car accident lawyers can help you to understand. Read on as we cover the basics of car accident cases.
Proving Fault in Car Accident Cases is Easier with Car Accident Lawyers
Those car accidents that occur in a “fault” state will rely heavily on whether or not the fault of the accident that resulted in injury and other damages can be proven beyond the shadow of reasonable doubt, by what car accident lawyers are able to prove. The majority of states are “fault” states, but there is a handful that are “no-fault” states. The laws that surround the two differ in how they impact how the car accident case will be handled, but the most important part, in either case, is proving the fault of the accident.
In some cases, the fault of the accident is obvious. For instance, in the case that one party rear-ends the other. However, the fault is not always so straightforward and can become even more difficult to prove the more vehicles that are involved in the accident.
To prove liability in any car accident case, with or without car accident lawyers in tow, three things must be proven:
- There was a breach of duty. In order to prove that one party is liable for the accident, the other party must prove that there was a breach in the duty of care. The duty of all drivers is that they will operate the vehicle in the same manner that any “reasonable prudent driver” would. To determine whether or not there was a breach of duty, this “reasonable person” standard is used. Meaning, if the actions of one driver when compared to a “reasonable” driver are lacking, then the courts may therefore consider the driver negligent, or at-fault for the car accident. If one party receives a citation involving the accident this makes proving that there was a breach of duty much easier. This is something car accident lawyers can help you find if you are unsure.
- There is a legal duty that is owed. Every driver who gets behind the wheel of a motor vehicle has a legal duty owed to everyone else on the road to operate the vehicle as any “reasonable” person would.
- There was a breach of duty of which caused injuries. Unfortunately, when proving fault in a car accident case with injuries, it is not enough to simply prove that one party was negligent. Instead, it must be proven that one party’s negligent actions directly resulted in the accident, which caused injury to the other party. That means that if one party had not been negligent, then the accident and thus the injuries would not have occurred. Car accident lawyers know where to look and how to get this information, which is part of why having them on your side is so imperative.
Car Accident Lawyers Can Help You Prove Fault and Get You the Compensation You Deserve
In some cases, it will be determined that there is a shared fault in the accident. Meaning that the injured party played some role in causing the accident. In this case, the amount of damages that can be recovered will be affected and in some cases, the injured party will not be able to recover any damages for their losses and injuries. How much-shared fault will impact the recovery of damages will depend on the state in which you live.
Modified Comparative Fault State. In modified comparative fault states the injured party can only collect damages from the at-fault party if he/she is less than 50 percent responsible for causing the accident.
Pure Comparative Fault State. In a pure comparative fault state, the party that is injured can collect damages from the at-fault party, but the amount will depend upon how responsible the injured party is for causing the accident.
Contributory Negligence State. In a contributory negligence state if the injured party is at fault at all (even just 1 percent) they will be unable to collect damages from the party that was more at-fault.
Getting Help from Car Accident Lawyers in No-Fault States
There are a handful of “no-fault” states in the US (Florida, District of Columbia, New Jersey, Kentucky, Kansas, Massachusetts, Minnesota, Michigan, North Dakota, New York, Utah, and Pennsylvania). In these states, a party that is injured in a car accident will turn first to their insurance company to recover compensation for injuries that resulted from the accident. Unless the injuries are greater than the monetary criteria of the state or if they meet the “serious injury” criteria of the state. When in doubt, ask experienced car accident lawyers what it is that you could qualify for, in the case that you were in an accident in one of these states.
Schulman, Roth and Associates – Your Go to Car Accident Lawyers
Car accident cases can be tricky, and depending on the state in which you live, the laws will vary in how and how much you can recover if you have been injured in an accident. If you have been the victim in a car accident and are looking to file a case against the negligent party, then you need experienced car accident lawyers on your side.