Car Accident Law
Traffic laws are a separate code section from other laws. The Vehicle Code covers everything from registration to penalties.
In a motor vehicle accident, the law determines if you or the other driver violated any regulations. This determines who is at fault in your accident, which affects your personal injury claim. A personal injury attorney needs to know both types of law before they can give you legal advice about your car accident and filing a claim.
Filing a Car Accident Claim
If you’ve been in a car crash, you may know the procedure: you and the other driver exchange insurance information, file claims with your insurance companies, and then wait for a settlement offer. How do you know if you’re given a fair settlement? What if the other driver caused the accident? After an accident, you should consult a legal professional for more information.
Determining Fault
- To prove negligence, a plaintiff must show four elements: a duty to act in a certain way, a breach of that duty, causation between the breach and the injuries, and actual harm done to the plaintiff.
- If the plaintiff contributed in any way to the accident, this may reduce their recovery. Contributory negligence, or comparative negligence, varies. In some cases, it may completely bar your recovery.
- In cases where the at-fault driver is the employee of a third party, that party may be sued under the vicarious liability theory. This holds employers of drivers responsible for the actions of their employees. It may also hold someone liable for lending their car to a friend who gets into an accident.
Why You Need a Car Accident Lawyer
Right after an auto accident, the parties involved exchange insurance information. If the accident is serious enough, police may gather evidence and interview witnesses. Then, each party files an insurance claim. Each party’s insurance company does its own investigation based on the police report your medical records and makes their own determination of fault. For instance, in a minor fender bender, the companies may decide the parties were equally at fault and pay accordingly.
You may need legal representation if any of these things happen:
- The insurance company denies your claim: They may say you were at fault or that your insurance policy does not cover your property damage or medical bills. You'll need an attorney to help you appeal the denial.
- The other driver filed a personal injury lawsuit against you: This can happen for various reasons, usually because their insurer does not cover all their medical expenses or because they did not have insurance.
- There were other parties involved besides the driver: For instance, in a truck accident, you may need to sue the driver, the trucking company, and the shipping company.
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Questions You May Wonder?
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In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.
In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.
In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.
In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.
In Powerlegal, we never charge for an initial consultation. At the free initial consultation, we will discuss the details of your potential case, the legal process and answer any questions you may have.
