Every now and then, there are hundreds of car accidents resulting in countless injuries and unnecessary deaths all across the United States and in other parts of the world. In the United States alone, these car accidents are the number one source that causes personal injury claims almost every day. In the year 2005 for instance, according to the National Highway Traffic Safety Administration; there were 6,087,000 cars found involved in severe accidents. As per estimates provided by the NHTSA, as many as 18,440 people lost their lives in fatal automobile accidents that year while 1,573,000 people were left with injuries, in various road accidents. Since, in most of the cases the drivers are found responsible, the harmed people i.e.., the accident victims usually succeed in settling the matter with the other party; on the plea that the accident actually occurred due to the first party's negligence. Liable party thus provides the victims with compensation for the following:
• Medical expenses
• Penalties etc.
Once an accident has occurred, numerous legal issues are automatically associated with the situation, and this is the time when most often; you need to acquire the services of a car accident lawyer. And why you may need the lawyer or attorney, because you need to learn how to:
1. Determine your legal rights, and
2. How to evaluate what specific situation you are in.
Law associated with Car Accidents:
Whenever an accident occurs, as a legal matter it is described two (or more) passenger cars are involved in the event, or in some cases, a series of events thus resulting in:
• Physical illnesses
• Traumatic brain injuries
• Property damage(s)
• Vehicle damages
As mentioned above, 'negligence' is the most common element involved in most of the major or minor motor vehicle accidents, and the same corresponds with a traffic law violation. If following an accident, one ends up arrested over DUI charge, negligence, over speeding, DUI first offense etc; a qualified and experienced defense lawyer is the first person one should be contacting immediately.
Now even the driver under arrest was found negligent, it becomes a must for the victim as well as for the insurance company representing him or a court award; to prove the negligence. This legal term 'Negligence' refers to someone's 'failure' to acting responsibly or reasonably. It is usually from the facts such as police report, expert witness testimony, eyewitness testimony, sketches and photographs of both the crash scene and vehicles involved, that the authorities 'find out' or 'prove' the negligence.
To better understand the term, consider the following:
1. Careless on part of someone else, caused an accident.
2. The harm caused due to the car accident.
3. First party (the driver) is at fault.
4. First party (the driver) will pay compensation(s) for whatever the harm is done.
Here, one should clearly understand one key factor: If there is more than one party involved, and found at fault; liability thus may be distributed in a different manner among the negligent parties. It will be distributed according to evident percentage of fault instead, and the term 'Comparative Negligence' is used to describe the same. If a serious injury is caused following a car accident, a closed head injury for instance, the Atlanta Car Accident Lawyer victims must contact an experienced car accident lawyer for assistance, who may help them determine their respective rights. He will also be able facilitate the claims; the victim may have to the compensation, greater than the settlement(s) made initially.
However, one must keep in mind that any insurance company may refuse paying the full cost of:
• Property damage
• Medical expenses
• Psychological pain
• Lost income or valuables etc.
Vehicular accidents are the most common cause of sudden death for most citizens all over the world. Some car accidents are caused by mechanical failures and some were caused by being irresponsible. Whatever the reason is, still, this type of accident already has cost millions of lives all over the world.
In most car accidents, negligence of either of the two drivers involved was the root cause. Settlement usually took place when the neglectful driver tries to avoid charges. This may end up in paying hospital bills for the party who's hurt and paying for any further damages.
Teenagers are sometimes very risky. That is the reason why they are more often involved in such accidents. They can be very impulsive and adventurous. According to a survey, in almost seventy percent of vehicular accident, teenagers, most especially boys were involved. They can be either the victim or the cause of the accident.
During investigation and trials, evidence is needed to prove whose party caused the accident. Car accident lawyers will be in charge of getting evidence and investigating their clients. They are experts in such matters. Just like other lawyers, they also studied law and its basics, but they mastered and become an expert in the field of different car accidents. Reputable car accident lawyers are those who passed license examinations. A personal injury lawyer can also be considered as a car accident lawyer as they both handle different types of accidents.
In most cases, this type of lawyer will be needed to be a partner to other types of lawyers such as crime lawyers. They can work alongside them or just work alone depending on the outcome of the accident. They need to check all sides, even the insurance part as it can help give a positive result on the case they are working on.
If one of the parties involved was a company or a big organization, it can be really a big task for the car accident lawyer. First they need to prove, if their client is the victim and that the negligence was caused by them. During this process, lawyer needs not just to collect evidence but also to check the background of that company or organization that can help them win the case. Dealing with such powerful people is accompanied with different risk and challenges. Since lawyers studied law and been an expert on implying it, they know their own standing and know their boundaries and limitations.
Car accident lawyers will only be in charge if the accident causes property damage, physical injury and/or death took place. In these cases, thorough investigation and further research must be used to successfully complete the case. Lawful advice, discussions and meetings will be provided by the lawyer so that the client will know their standings on the case.
The law is powerful. None of us must act against it. But in accidents, there are instances that we can't really control doing such things. Being careful and knowing each of our limitations should take place to avoid breaking driving laws and regulations.