Car accidents can happen in an instant due to speeding, distracted driving, reckless behavior, or drunk driving. Injured victims must cope with physical injuries, psychological toll, and financial strain.
While you may be entitled to compensation for your losses, obtaining it is rarely straightforward. Insurance companies can frustrate your claim by shifting blame, downplaying your injuries, or rejecting your claim.
You should, therefore, work with a legal professional to protect your legal right to compensation. An experienced Orlando car accident lawyer can interpret personal injury laws, gather evidence to prove negligence, negotiate with insurers, and, if necessary, take your case to court.
Car Accident Lawyers Key Takeaways
- Hiring a car accident attorney after a crash helps protect your rights, investigate, and maximize compensation.
- Strong evidence, like police reports, photos, and witness statements, proves you’re not at fault.
- Liability can rest with drivers, vehicle owners, employers, or government entities.
- Most cases settle outside court, but a car accident attorney is ready to litigate if disputes arise.
- Call a car accident lawyer for fair treatment and a stronger chance of full recovery.
Reasons to Get a Lawyer After a Car Accident
Being involved in a car accident can be overwhelming, especially when dealing with injuries, financial losses, and insurance claims. While not every accident requires legal representation, working with a car accident attorney leads to a favorable outcome.
Investigate the Accident
You need a thorough investigation to build a strong case. A car accident lawyer has the resources and skills to conduct comprehensive accident investigations. They work with accident reconstruction experts, gather witness statements, obtain police reports, and collect physical evidence from the scene.
A car accident attorney can also secure surveillance footage, examine vehicle damage patterns, and consult medical experts to establish the connection between the accident and your injuries.
An investigation by a car accident attorney is professional and goes beyond what injured victims can accomplish.
Establish the Value of Your Losses
You’re likely to accept a low settlement offer if you don’t understand the actual value of your losses. A skilled car accident lawyer can accurately calculate both economic and non-economic damages.
Economic damages include medical expenses, lost income, and out-of-pocket expenses. Non-economic damages encompass pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability.
A car accident attorney will also consider future expenses, such as ongoing medical treatment, therapy, and potential career limitations resulting from your injuries. A car accident lawyer’s comprehensive evaluation of your losses ensures you don’t leave money on the table during negotiations.
Handle Insurance Companies
Dealing with insurance companies can be challenging and frustrating, especially when recovering from injuries. Insurance adjusters are trained negotiators whose primary goal is to protect their company’s bottom line.
They may use various tactics to minimize your claim, including requesting recorded statements that can be used against you later. They can also dispute the extent of your injuries or pressure you to accept quick settlements.
A car accident attorney is your advocate, handling all communication with insurance companies and protecting you from tactics designed to undervalue your claim.
Maximize Your Settlement Value
Your likelihood of recovering from injury-related losses depends on the settlement value you receive in a car accident claim. Insurance companies are profit-driven businesses that often attempt to minimize payouts, even when you’re not at fault.
An experienced car accident attorney understands how to negotiate with insurance adjusters. They can also identify all potential sources of compensation, uninsured/underinsurance coverage, and the negligent party’s personal assets.
They are also willing to litigate the matter if an insurer insists on offering a low-ball settlement. The threat of litigation can make an insurer improve its offer to avoid a costly trial.
Representation in Court
While many car accident cases are settled out of court, some disputes require litigation for fair compensation. If negotiations with insurance companies fail or liability is contested, representation from an experienced car accident attorney becomes invaluable.
A car accident lawyer will prepare your case for court, present evidence, cross-examine witnesses, and argue before a judge and jury. Their courtroom experience and knowledge of legal procedures can make the difference between winning and losing your case.
Contingency Fee Advantage
Most car accident lawyers work on a contingency fee basis, meaning they only get paid if they successfully recover your compensation. Their fee arrangement eliminates the financial risk of hiring a car accident attorney.
The fee arrangement ensures your lawyer is motivated to achieve the best possible outcome for your case. You can also afford legal representation even when faced with the financial strain of the accident.
Adhere to Legal Deadlines
Car accident claims are subject to strict legal deadlines called statutes of limitations, which vary by state and type of claim. Missing these deadlines can permanently bar you from seeking compensation, regardless of the merits of your case.
Additionally, there are specific procedural requirements and filing deadlines throughout the legal process. An experienced car accident lawyer ensures all deadlines are met and all necessary paperwork is filed correctly and on time.
How to Prove You Are Not at Fault in a Car Accident
You should prove you are not at fault in a car accident to protect yourself from liability and your right to fair and just compensation. Establishing fault requires compelling evidence demonstrating that the other driver’s negligence or traffic violations caused the collision.
Here are different types of evidence to prove liability:
Police Reports
The police report is a key source of evidence in determining fault. When officers respond to an accident scene, they document their observations, interview witnesses, and often include their professional opinion about who caused the accident.
A police crash report details traffic violations, road conditions, weather factors, and any citations issued. While police reports are not always admissible in court, insurance companies heavily rely on them when determining liability and processing claims.
A car accident attorney can analyze the police crash report to highlight details supporting your innocence. They use officer observations, witness statements, and diagrams as evidence to challenge false fault claims.
Photographic Evidence
Photographs at the accident scene provide a visual perspective of what occurred. Images of vehicle damage from multiple angles, skid marks on the road, traffic signs and signals, and debris patterns can establish fault by the other driver.
These images serve as permanent records that cannot be disputed later and help reconstruct the sequence of events leading to the collision. Photographs of your injuries, if visible, can also support your claim.
Witness Statements
Independent witnesses who saw the accident occur can provide invaluable testimony about fault. Witness accounts are compelling because they come from neutral third parties with no financial interest in the outcome.
Their testimony can corroborate your version of events and contradict false claims made by the other driver.
Traffic Camera Footage
Many intersections and highways have traffic cameras that may have captured your accident. Additionally, nearby businesses, gas stations, and residential properties often have security cameras that could have recorded the incident.
A car accident lawyer can request video camera footage as soon as possible, as many systems automatically delete recordings after a specific period. Video evidence provides objective documentation of exactly how the accident occurred and can definitively establish fault.
Vehicle Damage Analysis
The pattern and severity of damage to the vehicles involved can reveal important details about the collision. Accident reconstruction experts can analyze damage patterns to determine vehicle speeds, points of impact, and the sequence of events.
For example, rear-end collision damage indicates that the following driver was at fault. On the other hand, T-bone accident damage patterns can show which driver ran a red light or failed to yield.
Cell Phone Records
If you suspect the other driver was texting or talking on their phone during the accident, cell phone records can provide proof of distracted driving. A car accident attorney can subpoena phone records to prove distracted driving.
For example, they can reveal calls or text messages sent or received around the time of the collision, establishing that the other driver was not paying attention to the road.
Medical Records
Your medical records document the extent and nature of injuries sustained in the accident. These records establish a direct link between the collision and your injuries, supporting your claim for damages.
A car accident lawyer can use medical records to prove the severity of the impact and can contradict claims that the accident was minor or that your injuries were pre-existing.
Expert Testimony
Accident reconstruction specialists, medical experts, and automotive engineers can provide professional opinions about how the accident occurred and who was responsible.
These experts analyze physical evidence, review police reports, and use scientific principles to recreate the collision. Their professional testimony supports your innocence in court and can counter opposing claims about fault.
Who Is at Fault in a Car Accident
Determining fault in a car accident involves identifying which party or parties acted negligently and caused the collision. Here are the potential parties who may be liable for a car crash:
Individual Drivers
The most common liable parties are the drivers themselves. A driver may be at fault for speeding, running red lights, texting while driving, driving under the influence, failing to yield right of way, or violating other traffic laws.
Vehicle Owners
When someone other than the owner is driving, the vehicle owner may be liable under certain circumstances. For example, the owner knowingly allowed an inexperienced, intoxicated, or unlicensed person to drive their vehicle.
Employers
Companies can be held responsible when their employees cause accidents while performing job duties or driving company vehicles. Employers are liable under vicarious liability, which makes them accountable for their workers’ actions during work hours or work-related activities.
Government Entities
Municipalities and government agencies responsible for road maintenance can be liable when dangerous road conditions contribute to accidents. Their liability may arise due to poorly maintained roads, inadequate signage, malfunctioning traffic lights, or hazardous construction zones without proper warnings.
Other Parties
Additional liable parties may include parking lot owners who fail to maintain safe conditions. It can also be bars that over-serve intoxicated patrons who later drive, or mechanics who perform faulty repairs that lead to vehicle malfunctions.
Let a Car Accident Lawyer Be Your Advocate After a Crash
You’re likely to spend months in treatment after sustaining a severe accident in a crash. As a result, you may incur hefty expenses due to medication, transportation to medical appointments, and ongoing care.
Although you’re entitled to compensation, you must demonstrate how the negligent party’s actions caused the accident and your losses. A Orlando personal injury attorney from Miller & Jacobs, Accident Attorneys can use evidence to negotiate or litigate for a fair and just settlement. We are standing by to help, call our office at (877)848-5297 today.
Car Accidents Frequently Asked Questions
What Happens if You Don’t Inform Your Insurance About an Accident?
Failing to inform your insurance company about a car crash can have serious consequences. Your insurer may deny coverage for damages or injuries, leaving you financially responsible for the injuries.
Many insurers require their policyholders to make a prompt notification of accidents, and delays can be viewed as policy violations. A delay can complicate legal proceedings and weaken your position if you need to pursue compensation after the accident.
Will My Car Accident Go to Court?
Most car accidents don’t go to court and are settled through insurance negotiations or alternative dispute resolution. However, cases may proceed to trial if there are disputes over fault.
You can also sue after a severe injury, inadequate insurance coverage, or disagreements about compensation amounts. Complex cases involving multiple parties or liability disputes are also more likely to require court intervention for resolution.
Should I Get a Lawyer for a Car Accident?
Even if the accident wasn’t your fault, consider hiring a car accident lawyer if you suffered severe injuries, face substantial medical bills, or encounter insurance disputes. Insurance companies may undervalue your claim or deny coverage.
A car accident lawyer can negotiate with insurers, gather evidence, calculate fair compensation, and protect your interests throughout the claims process.