Articles Posted in Car Accident Injuries

Here is an unfortunately all-too-common scenario: you’re driving home late one night from a family get-together. Suddenly, while coming around a turn, a car appears in your lane coming right at you. You try to swerve, but it’s too late, and the other vehicle hits you head on. Your vehicle is totaled. Your family is a bit shaken-up but seems to otherwise be ok. It’s immediately obvious that the other driver is severely intoxicated. When police arrive on the scene, he’s mostly incoherent. The police report indicates that there was a strong odor of alcohol emanating from the vehicle, he admitted to having several drinks, and could not perform any of the field sobriety tests. As a result, you’re not surprised to learn that the other driver is being prosecuted for DUI.  

A few days pass and you discover that even though you have insurance, you’re going to have to pay out of pocket in order to replace your car. In addition, you have a lot of stiffness in your upper body. Your husband has intermittent pain in his neck, and one of your children is complaining about severe, recurring headaches. What do you do?

Isn’t all of this being handled in the criminal case? Over the next couple of posts, we’ll be discussing how the criminal case and a claim for personal injury are related.  

Rear-end collisions are some of the most common car accidents on our roadways. They can happen when you are stopped at an intersection or in stop-and-go traffic. And even though they are quite common, that doesn’t mean that they are nothing to worry about. Despite the safety features found in modern vehicles, the injuries caused by rear-end collisions can be very serious. In this post, we want to sensitize our readers to some of the important issues that arise with these accidents.  

Your Injuries May Not Present Themselves Right Away

People who have been in car accidents often report that they felt fine immediately afterward. However, the next day, or even several days later, they often start to experience various symptoms such as the following:

Despite the fact that drunk driving rates have been steadily declining over the years, drunk driving remains one of the leading causes of motor vehicle deaths in the U.S. Car accidents are always traumatic events, but this is especially so with drunk driving accidents – it’s hard to believe that someone would be so reckless as to get behind the wheel while under the influence of drugs or alcohol. It’s one thing to endanger your own health and safety, but unfortunately, drunk driving usually results in the death or injury of an innocent person. If you or a loved one has been involved in an accident with a drunk driver, you should consider talking with a lawyer in order to understand your rights and protect your future.  

Who Do You Sue?  

The most obvious answer to this question is that you sue the intoxicated driver who caused the accident. Almost all car accidents involve negligence, but in a drunk driving case, you’re alleging that the driver was negligent by driving while intoxicated. Therefore, you are asking the court to hold that person liable for your injuries and other losses.  

The moments surrounding a car accident are often described as a blur. It can be incredibly difficult to sort out what happened, let alone know what to do. Thankfully, emergency responders and oftentimes, kind strangers, are there to help and keep us safe.  

Many people don’t realize that the days and weeks following the accident can be a critical time, even if they thought they were “fine.” Because every case is different, it can sometimes be difficult to say what you should do. After a car accident, actions can sometimes be as detrimental as doing nothing. Here are five things you should not do after your accident.  

1.) Do not give lengthy statements to the other driver’s insurance company. Limit your comments to confirm the date and location of the accident, your personal information (name, address, phone number), and insurance and vehicle information. Do not say things like “I’m fine” or that you aren’t injured. Anything you say to the insurance company employees could later be used against you.

You’ve been in a car accident but declined to get in the ambulance. You felt fine, maybe a bit stiff or sore, but you had no broken bones and you weren’t bleeding. Now, several days later, you’re still hurting and even have some new pains. Maybe you’re wondering if these new pains are related to the accident or maybe you slept wrong. But what if this pain is the result of your car accident, and could be signaling something more serious?

Thanks to modern vehicle safety features, people don’t suffer gruesome injuries as often as they used to, but the forces involved in a car accident can be tremendous. Because your body is moving at the same speed as the vehicle and then slamming to an abrupt stop, you can still suffer significant injuries that require medical treatment. Therefore, the first and most important thing you should do after an accident is to get checked out by your doctor, even if you don’t think you need medical attention. Your doctor can diagnose your symptoms and help ensure a full recovery.  

Soft Tissue Injuries

Car accidents are a trying experience. In addition to possible serious injuries, there is also the financial fallout – repair bills, unpaid medical expenses, and lost income, just to name a few. On top of all that, you may be experiencing significant pain and suffering. Some injuries can linger for quite a while, requiring extensive physical therapy and other treatment. Other injuries may not manifest themselves for quite a while. There is, unfortunately, a lot more to a car accident than the few seconds during which it occurred.  

If you’re considering legal action to recover from your injuries and financial harm, the first thing you will need to figure out is if the other driver was at fault. Most car accidents are the result of negligence, which is defined as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” What is considered negligence in a car accident case?  

Here are some common types of negligence in car accident cases:

Automobile accidents can cause broken bones, burns, and other injuries, potentially costing you hundreds of thousands of dollars in medical bills and lost wages. You need compensation to help you recover, and for this reason, it can be beneficial to sue the person responsible for the accident. But do you know how to prove to a judge or jury that the other side is to blame? To bring an effective case, you’ll probably need expert witness testimony.

Accident Reconstructionists

An accident reconstructionist helps bring the accident to life for the judge and jury. They listen to all testimony and review the evidence, such as the final resting places of the vehicles, before reconstructing what happened. For example, a reconstructionist can offer expert testimony on the following:

Victims of automobile accidents are usually focused on receiving fair compensation for their injuries. Unfortunately, the wheels of justice move slowly, and you might need to wait a year or longer before your automobile accident lawsuit goes to trial. On certain occasions, it might be better to settle with the party at fault so that you can receive your compensation faster. Because every situation is different, you should meet with a Georgia personal injury lawyer to assess your situation.

Why Lawsuits Take So Long

Unlike other parts of the world, the American legal system is based on making sure there are no surprises when you go to trial. To that end, each side can engage in extensive fact finding by questioning the other side and asking for documents. This fact-finding phase is called “discovery,” and its goal is to make sure everyone lays their cards on the table before trial. Discovery can be quite extensive, especially if you have serious injuries or multiple cars were involved in the crash. It’s not unusual to spend over a year in discovery.

After a car accident, you should write down your memories and identify any potential witnesses. But there are some things you absolutely should not do, because they will make it difficult to bring a lawsuit and receive just compensation for your injuries. If you or a loved one is involved in a wreck, make sure to avoid the following.

Never Handle the Accident Without Police

After a crash, you might just want to swap insurance with the other driver, especially if the accident seems minor. Unfortunately, you can’t usually tell from a visual inspection of the outside of the vehicle whether your vehicle has sustained damage. Instead, call the police so that an officer can investigate and file a police report. Your personal injury lawyer will find the report helpful if you later sue.

Distracted driving is a major cause of accidents every year in the United States. According to the National Highway Traffic Safety Administration (NHTSA), there were 3,447 deaths and 3901,000 injuries due to distracted driving in the year 2015 alone. Among all types of distracted driving, texting is considered the most dangerous, since sending or reading one text can take your eyes off the road for a full five seconds. While texting is the most common and most dangerous type of distracted driving, there are many activities that can take your attention away from the road, including:

  • Eating
  • Grooming
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