The U.S. Department of Transportation’s National Highway Traffic Safety Administration estimated that there have been 39,345 deaths caused by traffic crashes in 2024. Distracted drivers are the top cause of car accidents. Speeding and traveling above the speed limit can also contribute to car accidents.
You need to know your rights after an automobile accident. After a serious injury from an accident, it’s important to know what you can do and how to get justice and compensation. In the United States, laws about what to do after an automobile accident vary from state to state. Keep in mind that there are some general procedures and rights that apply to everyone.
For example, car accident laws in California require you to report a car accident to the Department of Motor Vehicles (DMV) within 10 days if anyone is injured or killed or if property damage exceeds $1,000.
This article will discuss the steps you should take to uphold your legal rights following a car accident.
Understanding Fault and Liability Car Accidents
Knowing how to pinpoint the person accountable in car accident cases means it will make it easier to figure out who will be causing all the damages.
Under California law, the culprit liable for the accident will have to cover the damages sustained. Try to figure out who behaved recklessly at the time of the incident. You can have culpability in the incident if you drove too quickly, ran a red light, or were distracted while driving.
You should know about comparative negligence. If both drivers acted carelessly, the amount of money they receive will be reduced based on their shared degree of culpability.
Vehicular homicide lawyer Kevin Harris also says if a driver is speeding, intoxicated, or otherwise negligent at the time of an accident, and this negligence causes the death of a passenger, pedestrian, or other motorist, the individual may receive charges of vehicular homicide or manslaughter.
The insurance companies try very hard to limit the amount that they pay out for an accident, but knowing how they do it would be a great advantage in knowing how best to protect your rights and receive a fair outcome.
The Importance of Evidence and Documentation
Information and evidence collection immediately following the accident becomes important for the future of the case. Start with well-taken photographs of the accident scene, your vehicle, and anything that is noticeable in relation to injuries.
Get statements from witnesses, along with their names and numbers. Their cooperation will help you build a solid case. You should also get a copy of the police report. The report from law enforcement authorities can serve as an official account of what happened.
All the medical records and all the bills about your injuries will show what you have suffered. If there are lost wages due to the accident, write them down, as they will come into play when it comes to the potential amount of compensation you can receive.
The more thoroughly you document your case, the more likely it will end well for you. Every detail counts, so do not miss anything.
Insurance Claims After an Accident
The process of insurance claims is troublesome, especially if you are recovering from car accident injuries.
It is best to report the accident to your insurance company immediately. Include police reports, medical documentation, and anything else that may be of interest. Avoid lying in your report since it could lead to your claim being denied.
Maintain full records of all correspondence with your insurer. In the event that your claim is denied or you get a lowball offer, you can always appeal and contest the decision.
Recognize that your policy sets your limits, and you might incur additional damages from other sources.
Do not hesitate to seek a personal injury attorney. They will fight on behalf of your case and negotiate a fair deal for you.
Statute of Limitations for Filing a Claim
One has to know the statute of limitations within which to file a claim since it tells the period in which a person is obligated to take legal actions after such accidents.
Most of the time, you have two years from the date of the event to file a personal injury claim. The same two years would also cover damage to property.
The circumstances of a case can be unique. Factors like the involvement of a minor or if the offender leaves the state will affect the time you have to file a valid claim. Find out the details of your case so that you can meet the limit that protects your rights.
When to Consider Legal Representation
The lawyer you choose to handle your car accident case will have a big impact on the outcome of your case.
Getting a lawyer is advisable if you have sustained significant injuries, as they can guide you through the process of medical claims and insurance negotiations. If the other party denies fault or if there are multiple parties involved, legal assistance will be necessary.
Hiring a lawyer to take care of paperwork and due dates can make your life a lot easier. Before agreeing to the terms of the insurance company’s settlement deal, you should talk to a lawyer.
