If you have been injured in a car accident, it is not always a matter of filing a claim with another driver's insurance company. You may find this out the hard way when your claim is denied. In other situations, you may be entitled to compensation but are unaware of this because you mistakenly believe the accident was your fault. The following are a few examples of how auto accident law can be complex, and why you need to speak to an attorney.
You are not always entitled to compensation for injuries
The first thing that you need to understand is that if you have been injured in an auto accident, you will not be able to get compensation unless you can prove that someone was negligent. Accidents can happen, and there is not always someone to blame. This is why you need an attorney to hear about your accident. They can then look at the law as it applies to your accident, and determine if there is someone at fault. This may be the driver of another car, but it can also be the driver of the car you were a passenger in. An attorney can help to establish who is responsible for your injuries due to negligence.
You may not be at fault for rear-ending a car
It is conventional wisdom that when you rear end another car that you are always at a fault, at least to non-lawyers. And it is true that in most cases the car from behind will be found liable. After all, if the car from behind hit the car in front, clearly the car from behind was traveling too close. However, there are many situations when the driver in front may be responsible. For example, the car in front had no brake lights. Another example would be if two cars were at a stop light, and the car in front went into reverse. There are other situations that may also apply.
Sometimes fault can be shared
In many jurisdictions, it is possible for both parties to be found at fault. In this situation, it may be that both drivers were violating one or more laws of the road. Or perhaps one driver was breaking a traffic law, but the other driver had a safety issue with their car. In this type of situation, both drivers can be found equally to blame or partially to blame.
Auto accident law is more complicated than you may think. Make no assumptions about what you believe the law to be. Always consult with a personal injury attorney who has experience with vehicle accidents. He or she can listen to the details of your accident, and with the aid of police reports and witness statements, they can determine who is at fault in the accident. If this is the fault of another driver, you may be entitled to compensation for your injuries.Share