A vehicle accident lawyer may be able to help a victim get closure following a crash, and also help provide the resources they need to secure ongoing medical care, if necessary. Car crashes are almost always caused by driver error to some degree, usually in the form of excessive speed or driver inattention. This, and any form of driver error, is negligent, and those who fail to maintain control of their vehicle and abide by traffic regulations are liable for the harm they cause. However, it’s proving this negligence that is the primary concern, and where an attorney can provide invaluable assistance.
WHAT IS THE STANDARD LEGAL PROCESS REGARDING A CAR CRASH?
A car wreck typically happens suddenly and can leave victims in a disoriented state. However, if possible, a victim should report the crash as soon as possible to police. Even if it doesn’t seem like injury is present, it could be masked by adrenaline or be the kind of injury that develops slowly, like whiplash. If possible, a victim should get contact information from any witnesses and take some photos of the crash to support their account of the events.
The top priority, though, is seeking medical attention, and once a victim has recovered enough, they should consider speaking to a vehicle accident lawyer for possible legal representation.
Once an attorney accepts a case, they will determine who the defendants are and the “worth” of the harm caused by the negligent driver. In most cases, the claim will only involve the other driver as a defendant, but if a commercial truck or auto is responsible for the crash, their employer may be considered liable as well. Also, if unforeseen mechanical failure was a major contributing factor, than a part or auto manufacturer could be named in the case.
These details are put together in a demand letter, which establishes the settlement amount the victim is looking for and formalizes the legal process. At this point, the defendant may choose to agree to the proposed settlement amount or go to court. In many cases, it will be easy to prove the defendant’s liability, as police reports, crash photos, and medical records can paint a clear picture of how a crash occurred. If liability is easily demonstrable, then the case will likely move to settlement right away and both sides can determine what is fair.
If liability is not so easily determined, it will be up to the vehicle accident lawyer to prove a victim’s claim in court, using the available evidence and witness testimony. Experienced attorneys have access to a variety of experts that can help with an independent investigation and support the victim’s account of the incident, so even if a case does go to trial, a victim will have a lot of resources available to them during the process.
And this can prove the difference for a victim that needs, and deserves, compensation for their suffering.