The Basics of Car Injury Cases
A car accident can have serious health and financial implications for those who are involved. In most states, it is the at-fault driver who will have serious problems because of the accident. The victim will have to claim compensation from the insurance provider of the at-fault driver. The laws and rules differ from state to state and there are some occasions where the insurance provider may not be willing to provide compensation for personal injury cases. If you’re searching for a Long Island, NY personal injury attorney
, you can always reach out to Silberstein, Awad & Miklos, P.C.
and we will be more than glad to look at your case.
Determining the Fault for a Car Accident
You should check out online if you fall on the “fault” states category. These states are known for providing fault liability for damages that could come about because of a car accident. The difference in laws can have a huge impact on what happens after an accident but it is the determination of whose fault it was that will play a big role in the outcome of the case. There are occasions where the fault is obvious and even the guilty party acknowledges the same. There are also occasions where no one wants to take responsibility and it can be challenging determining whose fault it is. In order to prove liability in the case that involves a car accident, the injured person must prove the following.
There Was a Legal Duty
It is a legal duty for someone to owe other drivers on the road. Getting behind the wheel means you owe a legal duty and are responsible for your own actions. You’re required to operate the vehicle with reasonable standard care while being mindful of other road users and pedestrians.
A Duty Was Breached
The victim has to prove that the defendant was negligent in carrying out his or her duties on the road. The “reasonable care” law is used as a yardstick in determining if there was a breach of duty. The defendant’s behavior on the road at the time of the accident is measured against what a competent and responsible driver would have done in the same situation. If a responsible and reasonable driver could have been more carefully, then the defendant is considered to be negligent therefore a fault.
The Breach Lead to Injuries
Sometimes it won’t be enough if the driver was negligent alone. This alone wouldn’t be sufficient for the driver to be held responsible for the accident. There needs to prove that the driver’s negligence directly caused the accident. This, in essence, means that the accident could not have happened if the driver was more careful.
Sometimes the cause of the accident can’t be attributed to one person. Both parties could have contributed to the accident. This can have an effect on the compensation one can claim from the insurance company. There are some situations where the injured person may not be able to claim anything from the insurance company. The rules will be different in every state and your car accident attorney should brief you of all the possibilities.
What To Do When Involved in a Car Accident
There are some things that people do at an accident scene that could jeopardize their chances of getting compensated. If you get involved in a car accident, you need to:
Stop: You shouldn’t try to drive away even if you’re at fault because someone could be in need of urgent medical attention. You shouldn’t stop immediately when you get the chance so that you’re not endangering the life of others.
Don’t flee: You should remain at the scene of the accident unless you’re told otherwise by the cops. Your details will need to be taken down so that insurance provider can be aware of the situation. Make sure that the police has arrived before you leave the scene even if you’ve not been injured.
Assist the injured: You should try to administer first aid to those have been injured as you wait for the ambulance to come.
Seek medical attention: You should seek immediate medical attention if you’re injured in the accident. You need to have insurance coverage that takes care of emergency situations.
Only talk to the police: You’re not obliged to give out any information at the accident scene. You should only explain the situation to the police if there is no one that is in immediate danger because of the accident.
What Else You Should Do
You will need to gather all the evidence you can to make it easy when filing for claim. You can write downs notes on the specifics of the accidents. Make sure you’re taking pictures and videos if possible. Interview witnesses if there are any so that you have a strong case. Go to the hospital if you feel like you’ve been injured in any way.
Accepting the Insurance Payments
You should not accept payments from the insurance company before analyzing the situation and considering all the options. The payment might not be what you deserve and that will necessitate looking for a Long Island, NY car accident attorney
. You can reach out to us to help with the case if you’re looking for a Long Island, NY car accident attorney.
When you sign to accept the payments, you might be able to change your mind later even if you feel you could have gotten a better deal. Always reach out to an experienced attorney if you’re not sure about the whole situation.
Driving Without Insurance
You should never drive without insurance because you could lose out in case of an accident. It is also required by law that you have some types of insurance. In case you’re hit by someone who doesn’t have insurance, you can contact your provider because you’re eligible for the personal injury protection benefits. You could also contact an attorney because this is always a tricky situation with some insurance providers who may fail to release the claim.