CAR ACCIDENT FAQ
ANSWERS TO COMMONLY ASKED CAR ACCIDENT QUESTIONS
What are the first steps to take following a car accident?
The time following a
car accident can be one of the most complicated, confusing times possible. If you are
involved in a crash, it is important to remember that there are several
things that you can do at the scene of the accident to both take care
of yourself, and ensure that the claim process proceeds as smoothly as
possible. The first thing is to dial 911 for emergency medical treatment.
If you feel dizzy, stay in your car until help arrives. If you feel okay,
lend aid to those who need it.
You should also immediately begin to document the scene of the accident
by taking photographs; take pictures of everything from the vehicles involved
to the scenery around it from every angle. These photos could prove to
be invaluable later. You should also immediately gather important information,
such as the contact and insurance information from the other drivers,
license plate numbers, and contact information from any witnesses. Finally,
you should make sure to call local law enforcement to report the accident.
The injuries I suffered in the accident are permanent. What can I do?
Thousands upon thousands of car accidents occur every single year. Most
of these are minor fender-benders where occupants walk away unharmed,
or with mild bruises and scrapes. This, however, is not always the story
when it comes to car accidents. On many occasions, car accidents victims
suffer from life-altering injuries that may even be permanent in nature.
When this occurs, it changes the entire nature of the personal injury case.
It becomes absolutely crucial that comprehensive compensation is sought;
this will help to cover not only past and current expenses, but also ensure
that the victim is cared for throughout their entire life. For this reason,
it is important that the case is not started too early. In fact, you may
be prompted to wait until you have reached Maximum Medical Improvement
(MMI), which is the point where you will no longer get any better. Due
to the complications of claims involving permanent injuries, having knowledgeable
representation becomes even more crucual.
How would fault be determined in a car accident?
For many victims of a car accident, the first question they want answered
is how to prove that the other driver(s) were at fault. This, however,
cannot be answered with an exact formula, and there is no step-by-step
process where fault is determined. Rather, it's an art where several different
factors are evaluated. For example, the first thing that may be looked
at is whether or not someone was breaking a law at the time of the accident.
This could be someone who was exceeding the speed limit, under the influence
of drugs and/or alcohol, or making an illegal left turn.
All of these could easily pinpoint fault. Another step that may be taken
is determining what
kind of car accident happened. Was it a rear-end crash? While not always, in
most rear-end accidents, the driver behind is usually at fault. That being
said, there are cases where they are not; for example, if they were cut
off or if the driver in front of them started reversing. Due to these
complications and gray areas, it is important to have a lawyer on your
side to help protect your rights.
What are some of the most common causes of car crashes?
In most cases, car accidents are caused by the humans driving them. In
the Traffic Crash Statistics Report 2010, the Florida Department of Highway
Safety and Motor Vehicles stated that the number one contributing cause
of crashes was careless driving—accounting for nearly 40 percent
of that year's crashes. Other main causes included:
drunk or drugged driving; failure to yield the right-of-way; exceeding the stated or safe speed
limit; disregarding traffic signals; improper turns; wrong-way driving;
and improper passing. That being said, the behavior of drivers is not the
only source of causes for car accidents. Crashes can also be caused by
faulty auto parts, inclement weather, dangerous roadways, or even an animal appearance.
What is whiplash?
Whiplash is a common neck injury sustained in car accidents. It occurs
from the neck being distorted past its normal range of motion by being
over-extended. For example, when hit from behind, the jolt of the vehicle
can cause the neck to extend forward and then be thrust back when the
driver's body hits the seatbelt. Reports estimate that whiplash is the
most common nonfatal injury sustained in car accidents, with more than
a million people suffering from it each and every year. What makes this
injury so common is that the car accident does not even need to be severe
for it to happen; it can be sustained at speeds as low as 15 mph.
What if I was partially at fault for the car accident? Can I still recover?
Part of the Florida legal system is what is known as contributory fault,
which is explained under Florida Statutes §768.81 (2012). Per this
section of the law, if you are pursuing a negligence action and are found
to be partially at fault, you are still able to recover damages; however,
economic and noneconomic damages which would be awarded will be diminished
in proportion. What this means is that if you are determined to be 20%
at fault for the accident, and were going to recover $100,000 in damages,
it would be reduced in proportion to how much you were at fault and, instead,
would only recover 80%, or $80,000.