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 victims must contact an experienced Michigan Car Accident lawyer https://www.eliaandponto.com/michigan-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.