Can a Car Accident Attorney Help Me Resolve a Fault Dispute?

If you get involved in a car accident, you have to follow a few steps to determine whether you receive compensation to recover the financial losses associated with medical bills, property damages, and possibly lost wages. The first thing to do involves calling 911 to activate the emergency response system. Next, you should receive prompt treatment for your injuries. The longer you wait to receive medical care after a car accident, the more likely the insurance company you have to process a claim with might consider your injuries not serious enough to warrant compensation.

The third item on your to-do list after a vehicle collision is to contact an experienced car accident lawyer to help you determine whether another party should assume fault for causing the auto crash.

How Does My Car Accident Lawyer Help Me Resolve a Fault Dispute?

The most contentious issue between all parties involved in a car accident concerns determining which party or parties should assume fault for causing the collision. A car accident attorney helps you resolve a fault dispute in the following ways.

Interacts with the Insurance Company

Insurance companies love dealing with policyholders that do not retain legal counsel when filing a claim. If you do not hire an experienced car accident lawyer to help you file a persuasive insurance claim, the insurance company might deny a valid claim or approve a claim for a value that is far below the compensation that you deserve. Working with a car accident attorney ensures the insurance company does not falsely accuse you of causing the auto crash.

Your lawyer also monitors your claim to ensure it receives the prompt attention that it deserves.

Gather Physical Evidence
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The law enforcement personnel responding to the car accident conduct an investigation that leads to the filing of the official police report. Inside the police report, your attorney should find information that describes what caused the accident, as well as a determination as to which party, if any, should assume legal liability for committing one or more acts of negligence. Your car accident attorney also conducts a thorough separate investigation to uncover more physical evidence. One of the most trusted types of physical evidence is the footage captured by a nearby traffic and/or security camera.

Interview Witnesses

Witness accounts alone do not provide enough evidence to determine which party should assume fault for causing a motor vehicle collision. However, witness statements provide legal support for what happened before, during, and after the auto crash. Your car accident attorney needs to interview witnesses as close to the date of the vehicle collision as possible to receive the most accurate accounts.

What Are the Four Elements of Proving Negligence?

A car accident attorney resolves a fault dispute by proving the presence of the four elements of negligence. First, your lawyer must establish the other party owed you a duty of care to protect you against sustaining injuries. Second, you must demonstrate the other party breached the duty of care doctrine by committing one or more acts of negligence. Third, the car accident must have caused your injuries and finally, your injuries generated financial losses.

Charged With an Accident? Here's How a Car Accident Attorney Will Help

The aftermath of a car accident can put you under incredible pressure. Not only do you have to receive medical treatment for your injuries, but eventually, you have to address the costs associated with medical bills and repairing the damage done to your vehicle and other types of property. You have to gather and organize persuasive physical evidence to file an insurance claim and if another party committed one or more acts of negligence, a civil lawsuit that seeks monetary damages.

Add on top to the typical responsibilities of dealing with the aftermath of a vehicle collision is the fact that you have been charged with an accident. If you were charged with an accident, here’s how a car accident attorney will help.

Conduct a Thorough Investigation

An experienced car accident attorney knows how to collect the type of evidence that can exonerate you of all charges and possibly discover that the other party committed at least one act of negligence. Most car accidents require the presence of a law enforcement agency to conduct a separate investigation, as well as secure the accident scene to protect other drivers and passengers. Photographs of all vehicles involved, as well as images of the accident scene, can lead an investigating officer to determine the cause of the vehicle collision. However, your lawyer can strengthen your case by acquiring traffic camera footage captured at the scene of the accident.

Interview Witnesses

One of your most important responsibilities after an auto crash is to obtain the names and contact information of every witness to hand over to your car accident attorney. Your lawyer interviews each witness to determine whether there is enough legal support to back the physical evidence collected. Witness accounts help describe what happened before, during, and after the car accident, as well as explain in detail the road and weather conditions at the time of the collision.

Interact with the Insurance Company

Dealing with an insurance company following a car accident can be an exercise in frustration. If the insurance company processing your claim discovers you were charged with the accident, the likelihood of you receiving compensation dramatically falls. Many insurance companies like to take advantage of policyholders who do not retain legal representation or hire an attorney, yet file an insurance claim without any legal support. An experienced attorney can help you demonstrate that you did not commit an act of negligence that caused the vehicle collision.

Prove the Other Party Committed at Least One Act of Negligence

If the physical evidence gathered at the scene of the auto crash and witness accounts verify your version of events, your lawyer might be able to turn around your charge of causing the accident by proving the other party should be held legally liable for your injuries. Proving negligence requires demonstrating the presence of four elements, which are a duty of care, breaching the duty of care doctrine, causation, and financial losses. If you can prove the other party committed one or more acts of negligence, you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

The Bottom Line

If you have been charged with an accident, act with a sense of urgency by hiring an experienced car accident attorney. Without legal representation, you might lose more than the financial losses that are associated with lost wages, medical bills, and the cost of repairing property damage.

How Long Does It Take For a Car Accident Attorney to Get Results?

As a victim of a car accident, you must follow a series of steps to improve your chances of getting the compensation that you deserve to pay off medical bills. You also need money to pay for property damage and the income lost because your injuries forced you out of work.

The first step involves calling 911 to alert the nearest law enforcement agency as to where the car accident took place. Law enforcement officers arrive at the accident scene to secure the area, as well as conduct a thorough investigation that leads to the filing of the official police report. Next, you should receive medical care to treat, as well as develop a plan to rehabilitate your injuries. The third step involves obtaining the contact information of witnesses and taking photos of the accident scene to acquire persuasive physical evidence. Finally, you should schedule a free case evaluation with an experienced personal injury attorney to prepare an insurance claim and determine whether you have a strong enough case to file a civil lawsuit that seeks monetary damages.

With bills piling up fast and no income coming in to pay the bills, how long does it take for a car accident attorney to get results? The answer is it depends on one or more of the following factors.

Time It Takes to Complete an Investigation

Unless you got involved in a minor fender bender, a law enforcement agency conducts an extensive investigation that helps your personal injury lawyer discover two important answers. The official police report defines the cause of the car accident and whether another party should assume legal liability for causing you harm. Although the investigation conducted by the appropriate law enforcement agency should not take more than a couple of days, filing the official police report can take several days to a few weeks depending on the complexity of your case.

Processing an Insurance Claim

Before you contact an insurance company, you should first speak with a state-licensed personal injury lawyer to receive advice on how to file the most convincing claim. Insurance companies prefer to deal with policyholders who do not retain legal representation. The more complicated the vehicle collision, the longer it takes for an insurance adjuster to issue a decision regarding a claim. One of the most important reasons to hire a car accident lawyer concerns the tendency of insurance adjusters to delay processing claims. With an experienced personal injury attorney providing legal support, you should receive a decision on your claim in a timely manner.

Unless you need to file an appeal to overturn a denied claim, you should get approved for compensation no longer than two months after filing your claim.

The Litigation Process

If your personal injury attorney can prove the presence of the four elements of negligence, you might have a strong enough case to file a civil lawsuit that seeks monetary damages. The litigation process can drag on for several months or even longer if the judicial docket is backlogged with pending lawsuits. However, your car accident lawyer can ask the other party to negotiate a settlement, which can significantly decrease the amount of time it takes for your attorney to get results.

Your lawyer submits a reasonable offer that the other party can accept or reject. If the other party rejects your initial offer, you might receive a counteroffer or both parties agree to prepare for the trial phase of the litigation process.

Will a Car Accident Attorney Help Me Get a Larger Claim?

How you respond to a car accident goes a long way toward determining whether you receive compensation to cover financial losses such as medical bills, property damages, and lost wages. You should call 911, seek immediate medical care, and provide information for law enforcement to include in the official police report. Shortly after the car accident, you should file a claim with the proper insurance company. Many victims of car accidents refuse to hire an attorney to help them file the most persuasive insurance claims. Much of the decision not to seek legal counsel is based on perceived high attorney fees. However, after conducting a cost-benefit analysis, you should quickly reach the conclusion that hiring a personal injury lawyer is a fiscally responsible strategy.

According to a study released by the Insurance Research Council, auto collision victims that retain legal counsel receive more compensation by filing insurance claims. The same study discovered that in a majority of cases, the claims settled by insurance companies involved the participation of a personal injury attorney.

One important note: A vast majority of personal injury attorneys charge on a contingency fee basis, which means you should not have to pay upfront fees to gain the most experienced legal representation.

Car Accident Attorneys Act as Intermediaries

Hiring a state-licensed car accident lawyer demonstrates to the insurance company that you are serious about receiving just compensation from a claim. An attorney acts as an intermediary between you and the insurance company by monitoring the progress of your claim and interacting with a claims adjuster. Insurance companies tend to take advantage of claimants that do not retain legal counsel. Hiring an experienced car accident attorney prevents that from happening.

Calculates a Reasonable Value for Monetary Damages

One of the most frequently cited reasons for denied or undervalued insurance claims concerns an unreasonable value request for compensation. An experienced car accident attorney calculates a fair value for compensation by adding up the bills associated with medical care and property damage. For lost wages, an auto crash lawyer refers to bank statements and employer timekeeping records. You also have the right to request compensation for non-economic damages, such as the costs associated with pain and suffering.

Negotiate a Settlement

Just because an insurance company denies a claim does not mean the process for seeking compensation is over. Hiring an experienced car accident attorney provides you with a negotiator who tries to find common ground with the insurance company. After receiving a denied claim, your lawyer submits an offer to settle the claim. A series of counter offers can follow until either both parties reach an agreement or the claim ends up in the legal system for resolution.

Proves Negligence

Filing an insurance claim is not the only way you can receive compensation for the financial losses produced by a vehicle collision. A personal injury attorney conducts an exhaustive investigation to determine whether another party committed one or more acts of negligence that caused your injuries. If your attorney discovers another party committed at least one act of negligence, then you might have a strong enough case to file a civil lawsuit that seeks monetary damages.

4 Great Reasons to Enlist the Aid of a Car Accident Attorney

Getting involved in a car accident can cause one or more injuries, as well as trigger emotional distress issues such as fear and anxiety. Although the aftermath of a vehicle collision can leave you confused as to how to address your injuries and financial losses, you should act with a sense of urgency by contacting an experienced car accident attorney.

The most important reason to enlist the aid of a car accident attorney concerns getting the compensation that you deserve for suffering financial losses. An auto collision can result in medical bills that run into thousands of dollars. Add to medical bills lost wages and the cost to repair property damage, and you might find yourself in a deep financial hole. Working with a state-licensed personal injury lawyer can help you recover financial losses.

Here are four other great reasons to enlist the aid of a car accident attorney.

Filing an Insurance Claim

Insurance companies prefer to process claims filed by policyholders that are not represented by a personal injury lawyer. Without legal representation, the insurance company processing your claim might either deny it or approve a claim valued well below what you deserve. By hiring an experienced car accident attorney, the insurance company processing your claim knows you are serious about receiving just compensation.

Your lawyer gathers and organizes the physical evidence you need to file a persuasive insurance claim.

Determining the Amount of Compensation

Filing an insurance claim and a civil lawsuit that seeks monetary damages requires your personal injury lawyer to calculate a fair value for compensation. Your attorney combines the tangible costs associated with medical bills, repairs to property damage, and lost wages. Non-economic damages cover the emotional issues that arise from trauma produced as the result of a vehicle collision. Your lawyer calculates a reasonable value for non-economic damages by using a formula that factors in the value of economic damages.

Prove Negligence

To file a civil lawsuit that seeks monetary damages, your car accident attorney must prove the presence of the four elements of negligence. Duty of care means another party assumed the legal responsibility to ensure your safety. Breaching the duty of care doctrine involves another party committing an act of negligence that caused your harm. The third element of proving negligence involves showing the judge hearing your case that the car accident produced your injuries. Finally, the injuries sustained as a result of an auto crash must have generated financial losses.

Filing a Personal Injury Lawsuit Before the Deadline

Each state has established a deadline for filing a personal injury lawsuit that seeks monetary damages. Also referred to as the statute of limitations, the deadline for filing a personal injury lawsuit in most states is between two and four years. By hiring an experienced car accident attorney, you can rest assured that you will file a personal injury lawsuit before the expiration of the statute of limitations.

If you fail to meet the deadline for filing a personal injury lawsuit in the state where you live, you can expect the court clerk processing your case to remove it from the judicial docket

Why You Should Hire an Attorney Quickly in a Slip and Fall Case

A slip and fall accident can cause one or more serious injuries, such as brain trauma, a fractured wrist, and spinal cord damage. Hiring an experienced personal injury attorney can help provide legal support in many ways, including gathering physical evidence, interviewing witnesses, and ensuring you file a persuasive civil lawsuit that seeks monetary damages.

When you meet with one of our personal injury lawyers, you can expect the attorney to encourage you to act with a sense of urgency for several reasons.

Statute of Limitations

Each state has established a deadline for filing personal injury lawsuits. Most states have set the statute of limitations between two and four years, while a few states grant as long as six years and as short as one year to take legal action. If you fail to file a civil lawsuit that seeks monetary damages before the expiration of the statute of limitations, you can expect the court clerk processing your lawsuit to remove it from the judicial docket.

The sooner you hire a slip and fall attorney, the more likely that you will file a civil lawsuit before the deadline set by the state where you live.

Witness Accounts

Witness accounts of a slip and fall accident provide legal support for the evidence gathered at the scene of a personal injury incident. For example, a fellow shopper at a grocery store can verify the footage captured by a store security camera. However, your slip and fall attorney should interview every witness as close to the date of the slip and fall accident as possible. Witnesses tend to provide less reliable versions of events the longer they wait to meet with a slip and fall lawyer.

Recover Compensation

Unless you arrange a payment plan with a debtor that allows the debtor to take out expenses from an approved insurance claim and/or a favorable legal judgment, you have the financial obligation to pay medical expenses and other types of economic damages until you receive compensation. Since medical bills can quickly run into thousands of dollars, reaching a quick settlement with an insurance company prevents you from falling deep into a financial hole that might require the filing of bankruptcy documents.

Interact with Insurance Company

The insurance company that processes your claim wants you to submit the claim as quickly as possible after a slip and fall accident. Without the legal support of a personal injury attorney, the insurance company might take advantage of you by denying a valid claim or approving a claim that is valued well below what you deserve. Because the insurance company wants you to file a claim shortly after a slip and fall accident, you must act quickly when hiring an experienced personal injury lawyer to handle your case.

Crowded Judicial Docket

The judicial docket for civil lawsuits is typically crowded with cases. This means you might experience a delay in the processing of your case, especially if you plan to take the case to the trial phase of the litigation process. Hiring a personal injury attorney as quickly as possible after a slip and fall accident gets your case heard sooner than if you wait to hire a lawyer a few months down the road.

How to Help Strengthen Your Premises Liability Case

As a type of personal injury law, premises liability covers cases when a visitor to someone’s property sustains one or more injuries because of an act of negligence committed by the property owner. For example, if you slipped and fell while on someone else’s property and the property owner’s negligence caused you harm, you might have a strong enough case to file a premises liability lawsuit.

Winning monetary damages for a premises liability lawsuit can be difficult to do. The key is to submit persuasive physical evidence that includes the statements made by witnesses to the incident.

How Can I Strengthen My Premises Liability Case?

Submitting convincing physical evidence goes a long way toward helping you receive just compensation for any injuries sustained, as well as for lost wages and property damage.

Photographs

Taking photos of the accident scene can demonstrate that the property owner failed to take steps to protect your health while you were on the property. For example, if you fell down a flight of stairs because a handrail broke free from a wall, taking photographs of the defective handrail can boost the chances of you winning a civil lawsuit that seeks monetary damages.

You should take photos of the accident scene right after the incident to ensure the property owner does not cover up the physical evidence. If you fell down a flight of stairs because of a defective handrail, waiting too long after the accident to take photographs gives the property owner enough time to secure the faulty handrail.

Security Camera Footage

Unlike a vast majority of public spaces, some private properties do not include a security camera system for an attorney to review. Obtaining video that captures a premises liability accident can establish proof that the owner of the property committed one or more acts of negligence. Working with a premises liability attorney provides you with the legal support that you need to subpoena the property owner to acquire a copy of the video for your lawyer to examine for acquiring additional physical evidence.

Medical Bills and Records

Copies of medical bills and records provide the evidence you need to seek compensation for the financial losses associated with your injuries. The results of diagnostic tests confirm your symptoms, and a detailed description of treatments and physical therapy sessions informs the judge hearing your case about the extent of your injuries. Copies of medical bills allow your attorney to submit a reasonable value for monetary damages based on tangible expense documents.

Financial Records

Copies of bank statements and timekeeping records show how much money you lost in wages because of a premises liability accident. You have the right to seek compensation for lost wages, but you must submit documents that verify the amount of time you missed from work, as well as the compensation lost while you mended from your injuries. Your employer should submit copies of timekeeping records.

Work with an Experienced Premises Liability Attorney

The most effective way to strengthen your premises liability case involves hiring a highly-rated personal injury attorney who specializes in litigating premises liability lawsuits. Your lawyer understands how to prove each of the four elements of negligence, which include a duty of care, breaching the duty of care, causation, and financial losses. In addition, an experienced premises liability lawyer ensures you file your civil lawsuit before the expiration of the status of limitations.

Schedule a free case evaluation today with an experienced premises liability attorney to help build the strongest case possible for filing a civil lawsuit that seeks monetary damages.

What to Do Immediately After Getting Hit By a Car

Knowing how to react after getting struck by a car might not be on your radar, but it should be. According to the Governor’s Highway Safety Association, the number of pedestrians killed by a moving motor vehicle jumped more than five percent in 2020, despite the pandemic shutting down a considerable amount of traffic. One of the most common reasons why we see increases in pedestrian accidents with each passing year concerns the use of mobile electronic devices while operating a motor vehicle.

Reasons aside, you should know what to do immediately after getting hit by a car.

Call 911

Calling 911 does two important things. First, it alerts the nearest law enforcement agency about the accident. The officers responding to the scene of a car accident involving a pedestrian conduct a thorough investigation that leads to the submission of the formal police report. Second, calling 911 activities the medical emergency response system. You might not be physically able to call 911, which means a witness to the accident should do it for you.

Receive Immediate Medical Care

Receiving medical care can help you recover faster from the injuries sustained because of a pedestrian car accident. The closest emergency room is the place where you receive critical, even life-saving medical care. Even if you feel healthy enough to remain at the scene of the auto collision, you should eventually get medical care to detect any delayed symptoms, such as those that develop from whiplash or a concussion.

Take Photographs of Your Injuries

One important type of evidence to submit when filing an insurance claim and/or a civil lawsuit that seeks monetary damages involves photographs of your injuries. You should take photos of every injury associated with the vehicle collision, as well as document each injury by writing down detailed descriptions. The personal injury attorney that you hire needs to present the medical evidence to justify requesting a value for compensation. Copies of medical bills and records also provide persuasive evidence for an insurance company and a civil court judge to review.

Receive the Formal Police Report

As the most influential type of evidence presented for a personal injury claim and civil lawsuit, the formal police report presents a detailed description of what transpired before, during, and after the other party’s car struck you. The formal police report also includes statements made by witnesses, which your personal injury lawyer needs to have to present as supporting evidence. Towards the end of the formal police report, a section should include information that assigns blame for the party or parties that caused the accident.

Schedule a Free Case Evaluation with a Personal Injury Attorney

Hiring a personal injury lawyer to handle your pedestrian car accident case improves the chances of you receiving compensation for your injuries. Your attorney helps you file a convincing insurance claim, as well as a civil lawsuit that seeks monetary damages to recover the costs associated with your injuries.

Things to Look for in a Personal Injury Lawyer

If you sustained injuries and/or property damage as the result of a car accident, slip and fall, or a defective product, you should schedule a free case evaluation with a personal injury lawyer. Before you meet with an attorney, you should conduct research that considers the factors to look for when selecting the right legal counsel to represent you.

Experience Matters

Personal injury lawyers that have compiled years of experience litigating cases possess a thorough understanding of state personal injury laws, as well as what it takes to persuade an insurance company to approve a claim and a civil court judge to award monetary damages for the negligence committed by another party.

For a personal injury case, you should consider attorneys that specialize in the type of personal injury practice that applies to your case. For example, if you sustained injuries that were caused by the negligence of another driver, you want to work with a car accident attorney. In addition to years of experience, make sure any lawyer on your shortlist has a proven record of helping clients receive compensation.

Understands Medical Terms

Since most of the compensation that you seek concerns medical expenses, you should consider a personal injury lawyer who understands complex legal jargon. This is especially important if you plan to litigate a medical malpractice case. Complex medical jargon often refers to types of injuries, as well as the prognosis of making a full or partial recovery from the injuries. If you sustained serious injuries caused by a vehicle collision, the car accident lawyer that you choose must understand different types of diagnostic tests and the advice given by a healthcare provider regarding rehabilitation.

Effective Negotiation Skills

Not every personal injury case ends up in the litigation process. In fact, the best personal injury attorneys try to negotiate a favorable settlement for clients to avoid a costly and time-consuming civil trial. For example, a skilled car accident attorney calculates a fair value for compensation that keeps the lawyer representing the other party engaged in negotiations. A highly-skilled negotiator knows how to submit fair counteroffers that eventually lead to the resolution of a case.

Although you want to work with a personal injury lawyer who tries to negotiate a favorable settlement, you also want to hire a litigator who does not hesitate to take your case to trial if negotiations break down.

Responsive Communicator

Responsive communication involves any lawyer on your shortlist communicating with you in a timely manner. For example, if you sustained injuries that resulted from the negligence of another driver, your car accident lawyer must keep you informed about the status of your civil lawsuit. Your legal counsel should listen to what you want out of your case. If you agree to a settlement offer, but your attorney prefers to go a couple of more rounds with counteroffers, your lawyer should agree to accept the settlement offer.

Before the first case evaluation, you have the opportunity to test an attorney for responsive communication by leaving voice messages, as well as sending emails and text messages. A lawyer who takes longer than 24 hours to return any form of communication is not considered a responsive communicator.

Finally, read the reviews left by clients on sites such as Yelp and Google. Access an attorney’s Better Business Bureau (BBB) page to discover the reputation rating handed out by the consumer advocacy organization.

Definition and Impact of Brain Injuries After a Car Accident

Car accidents cause a wide variety of injuries that vary in severity depending on many factors, such as the speed both cars have traveled and where the impact is made on both vehicles. The most serious type of injury is called a traumatic brain injury (TBI), which develops when a strong collision causes significant damage to the brain. TBI represents one of the most common reasons why a victim of an auto collision develops a disability. It also is one of the most common causes of death among victims of vehicle collisions.

If you sustained a TBI as the result of a car accident, hiring a personal injury lawyer can help you receive the compensation that you deserve to recover financial losses.

What Are the Most Common Types of Traumatic Brain Injuries?

According to researchers at Northeastern University, TBI is defined by two broad categories: Open and closed. An open TBI, which is often referred to as a penetrating brain injury, means the skull has fractured or has been penetrated by an object. Closed traumatic brain injuries result in a strong impact on the head, but the skull does not fracture. Sustaining a closed TBI is more common in cases of car accidents

Let’s review the most common types of injuries that negatively impact the performance of the brain.

Concussion

Most concussions are considered a milder version of a traumatic brain injury. Symptoms of a concussion include memory loss, as well as issues with speech, vision, and/or coordination. The most effective treatment is the passage of time, as a healthcare provider cannot apply any techniques to heal the internal injury.

Because the symptoms of a concussion frequently do not develop right away, working with an experienced car accident attorney can determine if you qualify to receive the financial assistance approved by an insurance company or even the monetary damages awarded during a civil lawsuit.

Contusion

A contusion represents a form of bruising that develops under the skin as the result of a strong impact made to the head. It is often connected to the development of concussion symptoms, and if not diagnosed in a timely manner, can lead to serious medical consequences. If the bleeding does not stop, a victim might have to undergo a delicate type of surgery that relieves pressure on the brain. An untreated contusion that does not stop bleeding can develop into a life-threatening medical condition.

Hematoma

A hematoma represents a common form of TBI that happens when the blood vessels in the brain rupture and the blood starts to clot as the body tries to stop the bleeding. Hematomas differ in size, with an above-average size hematoma applying tremendous pressure on the brain. The size of the blood clot determines the seriousness of the symptoms, which might require surgery to diminish or eliminate.

Financial Impact of a TBI

According to the United States Centers for Disease Control and Prevention (CDC), around 1.7 million people sustain a TBI each year throughout the United States. Lifetime medical expenses can exceed $4 million to treat and rehabilitate the symptoms. Physical therapy alone can cost as much as $1 million over a victim’s lifetime. The daily costs associated with treating a TBI right after a car accident average $8,000 per day.

If you have sustained a TBI that resulted from the impact of a vehicle collision, act with a sense of urgency by contacting an experienced car accident lawyer.

What to do After an Accident with a Rideshare Vehicle

Companies such as Lyft and Uber that provide ride-sharing services have become an integral form of transportation for millions of Americans. An increase in the number of drivers that contract with Lyft and Uber coincides with a rise in the number of accidents. What happens if you get involved in an accident with a ride-sharing vehicle? Do the same steps taken by victims of other types of car accidents apply to a collision with a ride-sharing driver?

Contact Law Enforcement

The first action to take after an accident with a ride-sharing vehicle involves calling the nearest law enforcement agency. Calling the police results in the filing of a formal police report that you need a copy of to file an insurance claim, as well as a civil lawsuit if the ride-sharing driver committed one or more acts of negligence. A law enforcement officer also takes control of the accident scene to direct traffic, as well as ensures the ride-sharing driver has obtained the proper credentials to provide ride-sharing services.

Receive Medical Care

Medical expenses represent the costliest type of expenses you can expect to pay after a collision with a ride-sharing vehicle. To receive compensation for your injuries, you must undergo diagnostic tests that prove you sustained one or more injuries. If you sustained serious injuries, you must seek medical care immediately after the accident. Otherwise, you remain at the scene of the accident until the law enforcement officer completes the initial investigation.

Gather Evidence

The law enforcement agency that responds to the ride-sharing accident conducts an investigation that includes gathering and organizing evidence. However, you should take photos of the accident scene that includes images of the damage done to your vehicle and the injuries you sustained because of the accident. Photographs of the accident scene can help your attorney determine whether the ride-sharing vehicle committed one or more traffic violations.

Driver and Witness Information

Because Lyft and Uber drivers operate as independent contractors, you need to acquire the driver’s name and contact information. You also should receive information that describes the ride-sharing company’s insurance details, such as policy number and how much coverage the company has bought. The responding law enforcement officer should ask for this information as well. Ask witnesses for their names and contact information, which you give to your personal injury attorney.

Hire a Personal Injury Attorney

Hire a personal injury lawyer before you contact your insurance company and file an accident report with the ride-sharing company. Your attorney advises you on how to proceed with the filing of a claim, which includes contacting your insurer at the right time. Personal injury lawyers act as intermediaries between clients and insurance companies. Working with a personal injury attorney helps you file an insurance claim, as well as a civil lawsuit, before the state-imposed deadline.

Getting in an accident with a ride-sharing vehicle introduces different legal issues than if you got involved in a typical auto collision. Act with a sense of urgency by scheduling a free case evaluation with an experienced Ohio personal injury attorney.

Top 5 Reasons to Hire a Personal Injury Lawyer

Whether you sustained one or more injuries because of an accident or the negligence of another party, how you react following the incident determines how much compensation you receive from an insurance claim and possibly a civil lawsuit. The most important step in the process involves hiring an attorney who specializes in handling personal injury cases.

The ultimate goal of a personal injury lawyer is to get a claim improved by the client’s insurance company or the insurer representing the other party. If the other party committed one or more acts of negligence, hiring a personal injury attorney can help you win a legal judgment or be the beneficiary of a favorable settlement.

The top five reasons to hire a personal injury lawyer are based on receiving compensation because of an accident or one or more acts of negligence.

Interact with an Insurance Company

The business model for insurance companies is quite simple: Receive as much in premiums as possible and pay as little as possible in claims. Even if an insurance claim you plan to file appears to be strong enough to get approved, the insurance company that you have to deal with might deny the claim based on a frivolous reason.

Hiring a personal injury attorney provides you with much greater influence during the insurance claim process.

Meet Deadlines

A personal injury case involves meeting a few deadlines, with the most important deadline consisting of filing a civil lawsuit before the expiration of the statute of limitations. Most states have established the statute of limitations for filing a civil lawsuit at between two and four years, but the deadline can be as short as one year (Kentucky) or as high as six years (Maine).

Gather and Organize Evidence

Submitting persuasive evidence represents the key to getting an insurance claim approved, as well as reaching a settlement or winning a legal judgment. A personal injury attorney knows how to investigate a case to collect and organize evidence such as photographs taken of the incident scene and obtaining video footage from a security camera.

Interview Witnesses

You have many responsibilities to assume after a personal injury incident, and acquiring the names and contact information of witnesses is one of the most important tasks completed to build a strong case. Personal injury lawyers interview witnesses to receive information that supports the physical evidence gathered for submission to an insurance company.

Negotiate a Settlement

Negotiating a favorable settlement helps you avoid going through a costly and time-consuming civil trial. A skilled personal injury attorney knows how to calculate a reasonable value for monetary damages that is presented as the initial offer. Presenting an overvalued submission for monetary damages can derail your case.

The Most Likely Times and Places for Car Accidents

In the United States, an average of nearly six million car accidents are reported each year that involve more than 12 million vehicles. The National Bureau of Transportation (NBT) statistics states there are certain times when and places where auto collisions occur most often.

When Do Car Accidents Happen Most Often?

Cold weather and frozen precipitation make winter appear to be the most likely time of year for vehicle collisions. However, the distinction for the season with the most car crashes goes to summer when more car owners hit the road for family vacations. The National Highway Traffic Safety Administration (NHTSA) states August is the busiest month of the year for car accident reports. Motor vehicle collisions happen more times on weekends, with Friday representing the day when the most auto collisions are reported by drivers.

Between 4 pm and 8 pm is when car accidents get reported the most from October to March, and then the time of day changes to between noon and 3 pm during the warmer months of the year. Holiday weekends keep law enforcement agencies busy responding to auto collisions because the volume of traffic increases significantly on days such as Labor, Memorial, and Independence Day.

Car Accidents and Daylight Savings Time

In March, most Americans move their clocks ahead by one hour to account for Daylight Savings Time (DST). Federal lawmakers established DST to provide more light during the early evening hours of each day. According to a study released by Current Biology that analyzed more than 20 years of statistics, the number of auto collisions increases for at least one week after the start of DST. Fatigue caused by the switch to DST is the factor attributed the most to the rise in the number of car accidents during the first or second week of March.

Where Do Most Auto Collisions Occur?

A majority of car accidents happen close to home for several reasons. Distracted driving, whether it is from texting and driving or switching the dial on a car radio, is the most common reason why motorists get involved in vehicle collisions near home. Other factors that contribute to the close-to-home car accident phenomenon include parked cars, rush hour traffic volume, and operating a motor vehicle while under the influence of drugs and/or alcohol. The specific locations where most car accidents occur are in rural areas, as well as in parking lots and high-volume intersections in more urban settings.

Some of the most effective strategies for remaining safe on the road include following speed limit laws, paying attention to the road in front of you, and staying the recommended safe distance from the next closest motor vehicle.

What to Expect When Meeting with Your Personal Injury Lawyer

If you sustained injuries because of an accident, working with an experienced personal injury attorney can help you file a persuasive insurance claim. If the accident involved another party committing one or more acts of negligence, a personal injury lawyer helps you gather and organize the evidence you need to file a convincing civil lawsuit.

Most personal injury attorneys offer free case evaluations to potential clients. Let’s see what you can expect during the free case evaluation.

Expect a Short Meeting

A free case evaluation requires a meeting between you and a car accident lawyer. Expect the first meeting to last around one hour. Subsequent meetings can last much longer than that.

Expect to Answer Several Questions

The lawyer sitting across from you during the first meeting will ask several questions, most of which pertain to the facts of your case. You should be prepared to answer questions that concern what happened before, during, and after the accident. The attorney will want to know your insurance policy information, such as the amount of coverage for an accident. Discussing your physical, mental, physical, and emotional well-being is important because that is one factor in how a personal injury lawyer calculates a value for monetary damages.

Expect to Provide Evidence and Witness Information

You can expect to provide the attorney with physical evidence. The lawyer will not determine whether you should file a civil lawsuit until conducting a thorough investigation. You should provide the personal injury attorney copies of your medical records, as well as photographs of your injuries, property damage, and the accident scene. You can send the evidence you have collected before the case evaluation as well. Another important document for evidence is a copy of the official incident report, whether it is from a business or a law enforcement agency.

The names and contact information of witnesses allow the car accident lawyer to schedule interviews. Witness accounts of an accident should support the evidence you hand over to the personal injury attorney.

Expect an Evaluation

Although the lawyer will conduct an extensive investigation concerning the accident, you can expect a short summary of the pros and cons of your case. For example, if footage from a traffic camera demonstrates the other party failed to yield at an intersection, the attorney has a compelling piece of evidence that strengthens your case. At the end of a short summary of your case, the attorney might agree to work on your case on a contingency fee basis, which means you do not have to pay an upfront legal fee. The car accident lawyer receives compensation when you receive an insurance claim payout and possibly a check from a legal settlement.

Finally, expect to ask questions. You should ask questions that concern the timing of your case, as well as what else the lawyer needs from you before launching an investigation into the accident.

8 Things You Should Do After Getting into a Car Accident

If you become involved in a motor vehicle collision, you have to know what steps to take to address property damage and any injuries you suffered because of the collision. One of the most important things to do is call a car accident lawyer. Working with a car accident attorney can help you recover from the financial losses caused by a motor vehicle collision.

Let’s review the eight things to do after getting into a car accident.

Secure the Accident Scene

Prevent additional accidents by alerting motorists to the crash scene. Keep the flashers on for every vehicle, as well as set up flares if you or another motorist has a set available for use. If possible, move all cars including commercial vehicles off the road to reduce your vulnerability.

Contact Law Enforcement

Contacting the nearest law enforcement agency is important for several reasons. If it is a serious accident, contacting law enforcement activates the emergency response system. The most important reason to contact law enforcement is that an officer responding to the scene of the accident completes an official accident report.

Exchange Information

The police officer responsible for completing the formal accident report obtains contact information for every driver involved in the accident, as well as the statements made by witnesses. However, you should exchange information with other drivers for insurance purposes. Your insurance company will reach out to the insurers representing the other motorists.

Gather and Organize Evidence

Evidence is the most important element of the official police report. Nonetheless, you should take photos of the accident scene, as well as the damage done to your vehicle. Your insurance company wants to review photographs to place a value on property damage. Photos of your injuries can help boost your case if you file a personal injury lawsuit.

Contact Your Insurance Company

The sooner you contact your insurance company, the sooner you can process a claim. Determine whether your policy covers medical expenses in addition to the damage done to your vehicle. You do not want to file a claim at this point. You simply want to let your insurer know that filing a claim is imminent.

Seek Medical Care

Even if you suffered minor injuries, you should eventually schedule an appointment with your healthcare provider. Some injuries, such as concussions, do not develop symptoms until a day or more after a car accident. If you suffered serious injuries, you push this step up to number one of the eight things you should do after getting in a car accident.

Maintain a File

Now is the time to start organizing the documents associated with your case. This step helps prepare you for a meeting with an insurance adjuster, as well as the car accident lawyer you choose to hire.

Schedule a Free Case Evaluation

Scheduling a free case evaluation with a car accident lawyer allows you to get answers to questions and determine whether the attorney sitting across from you is the right one to handle your case. Meet with an attorney before filing a claim to ensure you submit the most convincing evidence.

What to Do If Injured by a Distracted Driver

Distracted driving is a significant problem across the United States and in the state of Ohio. According to the Ohio State Highway Patrol, there were more than 8,341 distracted driving violations in 2019 alone with 2020 already surpassing the number. It only takes a second for a driver to become distracted and cause a car accident. If you have been injured in a car accident and you feel the driver was distracted, you might be wondering what you can do to prove who was at fault.

Speaking with a car accident attorney as quickly as possible will help you get started in building your case the right way. There are some things that you can do with the help of your car accident or personal injury lawyer to hold a distracted driver accountable for your injuries from the crash. 

1)  Documentation

The first thing to do following a car accident is to seek necessary medical attention. Unless you need medical assistance, you should document the accident. Take pictures of the damage to both vehicles and their positions on the road. Photograph the interior of the other driver’s car that may reveal objects of distraction such as make up, food or a cell phone. 

Exchange name and insurance information with the other driver and also get the information of all passengers. Write down everything that you remember about the moments leading up to the accident. 

2) Recall Suspicious Behavior

If you suspect the other driver involved in your car accident was driving while distracted, try to recall suspicious behavior that you witnessed such as drifting in and out of their lane, irregular speed or sudden stopping. Be sure to write down what you remember to let the police know that you suspect the driver was distracted.

3) Report Evidence to the Police

In Ohio, the police are required to respond to car accidents that involve a fatality, an injury or a certain amount of property damage.  If you witnessed the other driver applying make-up, talking or texting on the phone you should let the police know this when they arrive.  Any comments you make about the other party being distracted should be in the police report. 

How a Car Accident Attorney Will Help with Your Distracted Driving Claim

A car accident attorney can help to investigate your claim of distracted driving and gather evidence. Share any information that you have with your lawyer such as the photos you took at the scene and any documentation that you have. Your car accident lawyer will also request a copy of the police report.

Your accident lawyer may also request cell phone records of the driver at fault. These records will include the date and time of when text messages were sent and received as well as the date and time of incoming and outgoing phone calls. Cell phones are the biggest source of distraction for motorists. Cell phone records will help to prove if the driver was talking or texting in moments leading up to the crash.

If surveillance cameras may have captured the accident your car accident lawyer will obtain and analyze any footage. Video footage from traffic or surveillance cameras may show the driver talking or texting on their phone, applying make-up, eating or any other activity that was a distraction. Your lawyer will know the best way to subpoena cell phone records and video footage.

Schiff & Associates is a top car accident attorney in Ohio, with extensive experience in holding careless drivers accountable.  We pursue the maximum compensation and protect your legal rights. Contact us if you have been injured in a distracted driving accident to speak with an experienced car accident lawyer.

Injured by a Drunk Driver? Ohio DUI Attorney Can Help

According to the Centers for Disease Control, 3,637 people were killed in car accidents involving a drunk driver on Ohio roads. Approximately one in three traffic fatalities in the United States involves a drunk driver. The rates of alcohol involved fatal crashes and drunk driving has decreased in recent years due to dedicated, combined efforts. Even with raised awareness and drunk driving laws, motorists still get behind the wheel under the influence of alcohol or drugs. 

Drunk Driving Laws in Ohio

In all 50 states and the District of Columbia, it is illegal for noncommercial drivers age 21 and over to be driving with a blood alcohol level of .08 or more.  It is illegal for drivers of commercial vehicles to be driving with a blood alcohol level of .04 or greater. School bus drivers are considered commercial drivers in Ohio.  It is illegal for anyone under the age of 21 to consume alcohol and underage drivers with a blood alcohol level of .02 or more are breaking the law.

Sobriety checkpoints allow police to stop vehicles in visible locations to check for impaired drivers. If the police have a reason to suspect a driver is intoxicated they can administer a breathalyzer test. Some states consider sobriety checkpoints to be unconstitutional, although sobriety checkpoints are allowed in Ohio.

Penalties for Driving Drunk in Ohio

Penalties for a person committing a DWI first offense could face up to six months in jail, pay a fine ranging from $375-$1,075 and face a suspended driver’s license for six months to three years.

Penalties for a second offense DWI within six years of the first conviction include up to six months in jail and a fine ranging from $525-$1,625 and face a suspended drivers license for one to five years. 

A person committing a third DWI offense within six years of the previous convictions will face up to one year in jail, fines ranging from $850-$2,700 and a suspension of driving privileges from two to ten years. 

A fourth DWI offense within six years of previous convictions, one that an offender up to five years in prison, finds up to $10,500 and driving privileges suspended for three years to life. 

Ignition interlocks may be installed on some cars to measure the alcohol level of a driver’s breath. This device will prevent the car from starting if a driver has a blood alcohol content above a specific level, typically .02. Ignition interlocks are considered highly effective at preventing people convicted of DWI from a repeat occurrence.

Even with these drunk driving laws and strategies in place, an average of one person each day is killed in a drunk driving accident in Ohio.  If you have been injured in a drunk driving accident in Ohio, you should speak with an experienced personal injury or car accident attorney with expertise in investigating DUI crashes.

Schiff & Associates understands Ohio’s drunk driving laws and how to investigate DUI and DWI accidents. We collect all evidence including video footage, bar tabs and witness statements to help your case. Contact us if you have been injured by a drunk driver to speak with one of Ohio’s top personal injury and car accident lawyers.

Tips to Improve Your Personal Injury Case

If you have been injured due to the negligence of another, you may have been offered a settlement by the insurance company of the responsible party. It is important to speak with a personal injury lawyer before talking to an insurance company and especially before accepting a settlement. Your personal injury lawyer may feel that you have a strong case for a larger settlement or may recommend taking your claim to trial. 

You could receive more compensation than a settlement offer by taking your lawsuit to trial although a trial could take longer and is not without risk. Speaking with an experienced personal injury or car accident lawyer is the best way to determine the strength of your personal injury claim. Here are some things that you can do to improve your personal injury case:

1)  Do not say too much after an accident – It is better to not say too much at the scene of an accident until you have had time to calm down and speak with a personal injury lawyer or a car accident attorney if involved in a vehicle accident.  If you say too much at the scene of an accident you could jeopardize your case. 

2)  Get medical attention immediately - do not put off seeing a doctor even when you feel your injuries are minor. Soft tissue injuries can worsen with time and may not be apparent at the time of the accident. Emergency room visits and doctor appointments will help to document your injury following the accident. Make sure you attend all appointments and continue recommended treatments.

3) Keep all medical bills and receipts - be sure to obtain copies of all your medical bills, hospital records and receipts for prescriptions or medical equipment. Keep all of your pay stubs and document any time missed from work due to your injury.

4) Do not speak with the insurance company of the responsible party - do not talk with the insurance company of the responsible party without the advice of your personal injury lawyer. Be aware that it is the job of the other party’s insurance adjuster to reduce or deny a settlement altogether and they will be looking for you to say something that could hurt your case.

5) Use caution when posting on social media - social media accounts can provide insurance adjusters with a wealth of information to use against you in your personal injury claim.  Posting photos of doing things that contradict your injury claim can seriously damage your case.

Schiff & Associates has been providing trusted legal representation for personal injury claims in Ohio for more than 35 years. We offer the combined skills of a powerful legal team and attorneys experienced in litigating catastrophic injury claims and wrongful death. Contact us to speak with a top personal injury lawyer in Ohio.

Avoid Truck Accidents in Ohio

According to the Ohio Department of Public Safety, one out of eight deadly automobile accidents in Ohio involves a large truck.  Motorists must be aware that semi-trucks have blind spots where they cannot see vehicles behind them. If you cannot see the mirror on the truck in front of you, they cannot see you. At least 35% of all fatal car crashes involving a truck occur because the driver of the car was in the blind spot. Additionally, the driver of the car is the one that initiates 70% of these types of car and truck accidents.

The No-Zone is considered to be the area around a semi truck where a vehicle either disappears into the blind spot or they are driving too close for the truck driver to be able to maneuver safely or stop in time to prevent an accident. Motorists who drive in a truck’s No-Zone area greatly increase their chances of an accident. 

Here are some tips to steer clear of any unsafe situations involving a tractor-trailer:

1) Passing - one of the biggest mistakes motorists make is cutting back in front of a truck after passing without maintaining enough speed. The area right in front of a truck is another No-Zone, because a truck requires a greater distance to stop then a car does due to their large size and weight. Do not pull in front of a semi unless you see the entire truck in your rearview mirror and make sure to maintain a consistent speed when passing.

2) Wide turns  - large trucks often need to make a wide turn because of their size. Be sure to give plenty of room as they cannot see cars directly beside or behind them.

3)  Backing up - large trucks sometimes need to block the street to maneuver a trailer when backing up. Never pass directly behind a truck that is in the process or preparing to back up.

4) Side blind spots - tractor-trailers have a much bigger blind spot on each side then vehicles do. If the driver must quickly change lanes or make an emergency maneuver they would not see a vehicle in their side blind spot which could cause a severe accident.

5) Rear blind spots - the area directly behind a tractor-trailer is a deep blind spot. Unlike cars, truck drivers cannot see what is directly behind them, thus tailgating behind a semi makes it impossible for the driver to see you. Avoid driving in any truck’s blind spots or No-Zone.

If you have been injured on Ohio’s roadways in an accident involving a tractor-trailer, you need an experienced personal injury or car accident attorney to protect your legal rights.

Schiff & Associates is a top car accident attorney in Ohio, recovering millions of dollars for clients in car accident and personal injury claims. We enlist the expertise of experienced truck accident investigators to uncover the evidence. Contact us if you have been injured in a car or truck accident in Ohio.

Concussions and Car Accidents: Know Your Rights

A concussion is the most common form of a traumatic brain injury (TBI) and is a frequent type of injury sustained in car accidents. A concussion may result when a hit or jolt to the head causes your brain to strike the inside of your skull.  This is a common occurrence during a car accident when a vehicle traveling with momentum is suddenly jolted to a stop.  A concussion can also occur from a slip and fall or personal injury.

Injuries from a concussion can range in severity and duration of symptoms. Severe TBI’s may cause long-term and even life-long effects. Post-concussion syndrome is a result of structural brain problems and could last months or years following a concussion. Automobile accidents and falls are the top causes of concussion in TBI hospitalizations according to the National Institutes of Health.

Symptoms of Concussion

Symptoms of a concussion may not immediately be apparent even after the shock of a car accident wears off.  Symptoms of a concussion can leave you feeling mild to extreme discomfort or with a feeling that something is just “off”. It is easy to dismiss these symptoms as shock from the crash or mild whiplash.  A concussion can pose delayed onset of symptoms which may not be apparent until hours or days following a car accident. 

Here are some of the typical signs that disorientation or a lingering headache may be something more serious like a concussion: 

Confusion - feeling confused or like your mind is in a fog following an accident is a sign that you should see your physician immediately.

Problems concentrating - finding it more difficult to concentrate on daily tasks is a symptom that should not be ignored. 

Problems with memory - difficulty recalling old memories or retaining new memories is another sign that you should seek medical attention.

Sleep problems - victims of car accidents who suffer a concussion often notice sleep disturbances and may be unable to get a good night’s sleep.

Irritability - many times, people that experience a concussion become more anxious, depressed or on edge. Changes in your mental health or behavior could be signs of a concussion.

Protect Your Rights with a Top Car Accident Attorney

If you have been injured in a car accident in Ohio, it is important to speak with a car accident attorney. Schiff & Associates has a long history of getting our clients the compensation they deserve following a personal injury or car accident injury. We thoroughly investigate the scene of an accident and consult with experienced accident investigators.

Schiff & Associates offers a free consultation and representation on a contingency basis, which means that you pay nothing unless we make a recovery for you. We protect your rights through skillful negotiation and courtroom litigation, whatever your case requires. Contact us if you have been injured in a car accident to speak with one of the top car accident lawyers in Ohio.