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Accident Liability

What steps do I take in the case of an accident?

Getting injured in a vehicle accident is a very frightening experience. Once the shock of the initial shock has worn off and the doctor appointments and rehabilitation have run their course, an accident victim is left with a pile of bills, painful memories, and confusion about the next steps to take. After an accident most people just submit a claim to their insurance companies, and think no more of it until the check arrives. But when your insurance just doesn't compensate you enough, or worse still, if the negligent party has no or not enough insurance, accident victims are left with little recourse other than to pursue legal action against the liable party. The law is confusing, but a little bit of knowledge of your rights enables you to engage the proper course of action in rectifying what has been done to you.

What does negligence entail?

Negligence is based on the premise of "cause". A "cause" implies what is called a "causal connection" as distinguished from events which may occur but do not have any effect on later events. Answering a cell phone while on the road is a common "cause" of negligence that leads to accidents. After a cause is established, "fault" is assigned after an investigation of the accident, and "fault" is determined after the actions or inactions of the negligent party prove to be the instigator of the accident.

Does this always apply?

Establishing cause and fault does not guarantee a good legal settlement, for many states such as New York, Michigan, Massachusetts, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Kansas, Kentucky, Maryland, Minnesota, New Jersey, North Dakota, Oregon, South Carolina, South Dakota, and the District of Columbia have what is called "No-Fault" insurance. No-Fault means both parties of an accident are reimbursed by their respective insurance carriers in an effort to streamline the recovery process. If you live in one of these states, do not hesitate to contact a lawyer, for there could be justification for legal action depending on the severity of your accident.

What is accident liability?

In the broadest sense, "liability" means legal responsibility for one's acts or omissions. Liability is also tied to "Negligence", which refers to the failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Therefore a person who is "negligent" because of carelessness, distraction, or impairment is then "liable" for the damages they cause. This means you can recover the damage done to you by a negligent person.

Why is contacting an attorney so important?

This is where your lawyer comes in. While an attorney has the knowledge and training to get you what you deserve, nothing can be accomplished if you don't make contact. The most important thing to any victim of a vehicle accident is healing their damaged life, but a close second is timing. Every state has individual laws regarding how long victims can pursue action against those who harm them. These laws, called Statutes of Limitations, vary from state to state and generally give the victim 1-3 years to collect restitution. If you are a victim of a vehicle accident, it is important to contact a lawyer in your state immediately. You have a right to justice, and a right to not live another day in fear, pain, or debt.

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