Steps To Take After Really Bad Car Accidents For Safety And Legal Recovery
Accidents happen, and if you’ve suffered injuries in really bad car accidents, then you may be left wondering about a variety of different issues, like whether you’re entitled to a legal recovery of compensation, or what steps you should take after an accident to ensure that you don’t undermine any aspects of your future lawsuit.
Let’s take a closer look.
What Steps Should I Take After Getting Hurt in a Really Bad Distracted Driving Car Accident?
After getting in really bad car accidents, there are certain steps that injury victims should take to ensure that their claims are preserved and their chance of success (should they pursue litigation) is maximized. Consider the following:
- Seek emergency medical attention, if necessary. Assuming that your injuries are serious enough that you need immediate medical attention, do not delay — prioritize your health above all else, and go to the hospital.
- If emergency medical attention is not necessary, then take the time to record photos and videos of the accident scene, and of your injuries. These will serve as useful evidence to support your factual narrative in the dispute. It is also crucial to maintain control and be aware of other drivers to prevent further accidents.
- Obtain the contact information of eyewitnesses (and the defendant). This will ensure that you can get in touch with those who can provide supportive testimony. If you do not get their contact information at the accident scene, it can be quite a challenge to identify eyewitnesses later on.
- Avoid speaking to insurance adjusters (and others at the insurance company) until you’ve run it by an attorney first. Insurance companies are not your allies. They make greater profits when they reject or underpay legitimate claims. As such, when you’re speaking to their employers, they are observing your statements closely in the hopes that you will make a sensitive disclosure that undermines your case.
- Contact an experienced car accident attorney as soon as possible. They are more than courtroom advocates and can handle a variety of tasks on your behalf: from communication (with third parties) to evidence gathering, and more.
Potential Compensation in a Car Accident Dispute
Compensation in a car accident dispute is meant to account for all the losses you suffered as a consequence of the accident-related injuries. These losses can be quite varied, depending on the accident itself and the lifestyle and circumstances of the victim. The type of vehicle involved can also affect the compensation claim, as different vehicles may incur different levels of damage and repair costs. Claimable losses may include:
- Lost wages
- Loss of earning capacity
- Loss of property
- Medical expenses
- Pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- And more
Litigation Involving Medical Bills and Insurance Policies
What if you have medical insurance coverage that has paid out for all your medical bills already? Well, the law still allows you to sue for compensation (based on whatever the costs indicated on your medical records).
Alcohol-related factors can complicate medical and insurance claims, making it crucial to avoid risky behaviors like drinking and driving.
Being able to sue and recover for medical expenses that you didn’t actually sustain directly (i.e., you didn’t pay anything out-of-pocket) could lead to a substantial financial windfall. So why does the law encourage this sort of thing?
The law has been designed to empower you to sue for medical expenses, even when they’ve been covered by insurance companies, because it would be unfair for you to be punished for having the foresight to purchase an insurance policy. If this sort of principle was not put in place by lawmakers, you — and others — would be incentivized to avoid purchasing insurance coverage, since only then could you sue for your medical bills.
Unique Issues: the Eggshell Skull Plaintiff
The eggshell skull rule is one that you may encounter in your car accident dispute — and it is likely to benefit you greatly — but many people aren’t aware of how it works. It’s actually quite simple, but we’ll use an example to explain.
Suppose that you are injured in a bad car accident. The car crash impact causes surface-level injuries, at first, but over time, you discover that you have sustained lifelong spinal cord damage due to your weak bone structure (which affected the protective spinal column that covered your spinal cord). You are, in other words, a “uniquely fragile” plaintiff — an eggshell skull plaintiff.
Heavy traffic can exacerbate the severity of injuries in an accident, as the increased potential for interactions with risky drivers elevates the risk of accidents.
Under these circumstances, if you sue, the defendant-driver who hit you can’t argue that they aren’t liable for your damages. Why not? Lawmakers protect injured plaintiffs by shifting the burden of an accident to the defendant. After all, it would be unfair if you were forced to pay for the cost burden, just because you have a unique fragility. The defendant is the one who engaged in negligent, reckless, or intentional misconduct — so they should pay. This principle is known as “finding the plaintiff as they are.” Basically, a defendant has to deal with the consequences of their actions, which include potentially causing injury to a fragile plaintiff who could have outsized damages.
So if you’ve sustained substantial injuries that another “normal” person would not have sustained, that’s okay — you could still potentially sue and recover all your damages.
What if I’m partially at-fault for the car accident? Can I still sue for compensation?
If you’re partially at-fault for the car accident, then whether you are entitled to sue for compensation (and how much compensation you could potentially recover) will depend on the state law that applies to your case. Let’s explore the basics.
Running a red light can significantly impact fault determination in an accident. For instance, if a driver runs a red light at high speed and causes a serious crash involving a pedestrian, it highlights the dangers of disregarding traffic signals and can heavily influence the assignment of fault.
In many states, the doctrine of pure comparative fault is applied. Under the pure comparative fault doctrine, you can sue for damages even if you are 99 percent at-fault — just bear in mind that your compensation amount will be reduced by your contribution of fault. So if you are claiming $100,000 in damages, but are 60 percent at-fault, then you could be entitled to recover $40,000. It’s not ideal, but it’s at least some form of recovery in a situation where the fault hierarchy is messy.
In some states, the doctrine of modified comparative fault is applied. Under the modified comparative fault doctrine, you can sue for damages so long as you are less than 51 percent at-fault. If you are 51 percent (or more) at-fault, then courts will restrict your ability to obtain compensation. That being said, if you are less than 51 percent at-fault, then your total compensation will be proportionately reduced by your contribution of fault, same as in a pure comparative fault state.
In a minority of states, the doctrine of strict contributory fault is applied. Under the strict contributory fault doctrine, you are not entitled to sue for damages if you are partially at-fault — even if you are just one percent at-fault. That’s a severe restriction, but it can be overcome if you can show that your fault contribution is not causally linked to the accident/injuries.
What can a car accident attorney do to help me?
Personal injury attorneys (which includes car accident attorneys) handle a wide variety of tasks and responsibilities for their clients. They are not just courtroom advocates. Their duties include, but are not limited to:
- Identifying, gathering, and preserving relevant evidence
- Working with expert witnesses and eyewitnesses to build supportive testimony
- Communicating on behalf of the client (with various other parties, from the defense to law enforcement and insurance companies)
- Developing a persuasive legal argument based on the evidence
- Negotiating a potential settlement agreement
- Navigating various court hearings and processes (such as evidentiary requests)
- Push ahead to trial litigation, if necessary
- Secure compensation after a payout
- And more
Safe driving practices are crucial in preventing accidents and reducing the need for legal intervention. Adopting safe driving behaviors, such as avoiding distractions and risky maneuvers, helps maintain perfect driving records and mitigates the risks associated with driving.
That’s a lot of different responsibilities, and the procedural requirements can be quite strict, so it’s not encouraged to move forward with your dispute until and unless you have secured the assistance qualified personal injury lawyer.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve suffered bad car accident injuries, or if you’ve just been in a really bad car accident and are unsure of how to move forward with a case, then it’s important to get in touch with an experienced car accident lawyer who can help you navigate the legal process and secure the compensation you deserve.
The devastating effects of drunk driving, such as tragic incidents where a child witnesses the death of a parent or significant accidents like historical bus crashes caused by drunken drivers, highlight the importance of seeking legal assistance.
Contact 1-800-THE-LAW2 for a free legal consultation with a qualified local car accident lawyer in our network. During this initial consultation, you’ll have the opportunity to discuss the details of your case with a proper legal professional and learn more about the next steps and strategic options. If you decide against moving forward with our network attorney, that’s okay, too — there’s no obligation to continue. So pick up the phone and call in today to get started!
We look forward to assisting you.
