Car Accident Lawyer
Car accidents are among the most common of personal injury claims. The reality is, cars are a primary mode of transportation for many people across the country, and it should come as no surprise that a large percentage of those drivers have experienced a car accident at some point in their lifetime. While major car crashes can produce devastating results, even minor accidents can result in losses. It’s only natural to have several questions for a car accident lawyer about the moments following the accident and the days and months to follow should you take legal action.
What information is essential to gather at the scene of the accident?
One of the most imperative steps to take at the scene of an accident is to gather as much information as possible. While some may be too injured or emotionally shaken to take on this task if you can begin the process of gathering information. This looks like:
- Exchanging information with the other driver (contact information, insurance information, etc.)
- Gather information of all witnesses present
- Take photographs of the accident scene
- Consider writing down what happened, especially your depiction of how the collision occurred
What if my injuries prevent me from gathering evidence or speaking with law enforcement?
Some accident victims can sustain injuries so severe that they cannot do anything at the scene but wait for medical assistance to arrive. Should this occur, victims will not have the ability to gather their own evidence or even speak with law enforcement. Law enforcement may be able to administer first aid treatments until EMTs arrive at the scene. Once the site has been secured, law enforcement will likely investigate the accident to understand what occurred. Law enforcement may reach out to gather your information once you have received the needed medical treatment. Your car accident lawyer can work with you on gathering evidence, including the police report, should you pursue compensation for your losses.
Can I still file a claim for damages if I am partially at fault for the car accident?
As a Memphis, Tennessee car accident lawyer like one from Darrell Castle and Associates, PLLC can explain, this largely depends on two things: the state you live in and the percentage at which you were at fault for the accident. A few states recognize contributory negligence, meaning, if you are even 1% responsible for the accident, you may not have the ability to recover compensation. There are two other types of comparative negligence to be aware of:
Pure Comparative Negligence: Victims can claim the damages that they were not at fault for, even if this is by only a small percentage.
Modified Comparative Negligence: Is the most widely recognized by states. Plaintiffs cannot collect damages if they are found to be equally at fault for the accident, meaning they cannot be more than 50% responsible.
Managing the intricacies that can often surround an insurance claim may call on a car accident lawyer’s guidance and experience. The process can be complicated, and following an accident that has resulted in physical injury, victims may not be up for the task. To provide every opportunity at a favorable outcome, contact a car accident lawyer to schedule a consultation.