How Do Car Accidents Happen and What to Expect Legally?

Car accidents are very common yet very stressful. The problems we face afterward make it even more exhausting. We may have injuries, property damage, legal responsibilities, and more. So, isn’t it better to take care of this in the first place? It’s true that not every accident can be prevented, but many can. With necessary precautions, we can save ourselves and others on the road. That’s why it’s important to know how car accidents happen and what to do if you get into one.

In this guide, we will cover essential topics on accidents, including how car accidents happen, what legal responsibilities you may face, and other crucial information so you can handle the situation calmly.

How Do Car Accidents Happen? 

Driving Distractions 

Distracted driving is clearly the main cause of car accidents. When drivers get distracted, they aren’t fully paying attention to the road. It’s not always your phone that distracts you – it can be anything, including talking to passengers, reading signs, or eating. Remember, when you’re driving, your only job is to get to your destination safely. Even if you’ve been driving for a long time, you still can’t do multiple tasks. Many drivers think they can perform multiple activities, but don’t ever do this!

Intersection Accident 

Did you know that more than half of car accidents happen at intersections? This is because drivers fail to yield the right of way, overlook traffic signals, or make improper turns due to distractions or a lack of attention. These accidents can cause serious injuries and even deaths. Remember, many accidents can be prevented with careful driving and awareness. But if you find yourself in need of legal assistance after an accident, a car accident and injury lawyer can help to protect your rights.

Speeding Hazards 

Perhaps you think that overspeed is perfectly safe for you, but it isn’t. It also contributes to more accidents and higher injuries. You can even end up losing control of your car if you just bump above the standard speed rate. In 2015, 3% of all crash deaths were caused by speeding cars which equalled 274 lives lost due to speeding. This is why avoiding speeding is necessary to save lives on the roads. Please remember that driving within the speed limit does not only ensure your safety but the safety of the other motorists as well. 

Weather Condition Risks

Weather conditions such as fog and rain can easily cause car accidents to occur. The overall number of accidents on the road in a year is more than 5,891,000 and about 21% or more than 1,235,000 are the result of weather-caused accidents. It might however be possible that drivers are still responsible for causing these accidents to some extent. That is why it is necessary to drive safely in order to prevent accidents, especially during bad weather.

Aggressive Driving

Even if you are driving late, never try to drive in a hurry. There is no excuse on earth that justifies risking one’s life. Such drivers pose a risk to other road users and make it hard for victims to sue the driver legally. Many times, speeding, tailgating, or even changing lanes in a reckless manner causes severe injuries or death. This means that an aggressive driver can be liable for injuries caused to other parties. Therefore, in order to avoid dangers on the road and to avoid harming both yourself and other road users, it is necessary to stay calm and drive consciously.

Drunk Driving 

You need to be conscious when you’re driving. But when you drive under the influence of alcohol, you put many lives at risk. Drinking before driving is one of the biggest reasons why car accidents happen a lot. The best way to stay safe is to never drink and drive. If you notice a driver swerving or stopping strangely, let them go ahead of you, then call the police to report the driver. If you get injured because of a drunk driver, it’s important to talk to an experienced car accident attorney to get help.

Mechanical Failure

Car accidents may occur due to negligence of the driver or because of the vehicle. A mechanical problem could be the cause of the accident or worsen the situation. For example, the National Highway Traffic Safety Administration (NHTSA) estimates that mechanical failures contributed to around 2 million serious car accidents in a two-year period. What is more shocking is that up to 40,000 of these accidents could have been prevented with regular maintenance. Therefore, it is vital to maintain your car as failures may be the reason for an accident.

What is Car Accident Law?

Car accident law merges aspects of traffic regulations with elements of personal injury law. If you’re injured in a car accident, you can hire a car accident lawyer. The lawyer will negotiate with the other drivers to decide who should pay for the damages. If needed, the lawyer will also file a lawsuit on your behalf.

What to Do After a Car Crash?

A car accident is a traumatizing experience and it may be hard to determine the way forward. There are things that you can do on your own, however, if you prefer, you can always seek the assistance of car crash attorneys later.

  • Stay at the Scene: Once involved in a car accident, it is important to ensure that you stay at the scene until everything is done. If a driver leaves the scene without first performing necessary measures, it can be viewed as a hit-and-run offense, which is a crime. If you do feel nervous or anxious, do your best to remain relaxed and resist an early exit.
  • Check for Injuries: First, ensure that you do not have any injuries. Next, examine the state of other road users that might have been involved in the accident. When there are injuries it is necessary to call for an ambulance right away. Never attempt to move an individual who is severely injured unless there is a need to avoid further damage.
  • Call the Police: However, if there are serious injuries or death cases as well as major property damages, the police should be contacted. They will also record the accident scene and produce an official report that can be used in the event of an insurance claim or any legal action that may be taken against the car owner.
  • Move Vehicles Safely: If it is possible to do so without risking further accidents, move the vehicles that are involved in the accident to the side of the road. Using the hazard lights indicates that there has been an accident and ensures the safety of the accident site.
  • Document the Scene: Take pictures of all the vehicles involved and their license plates using your smartphone or camera. Take pictures of the surrounding area and any road conditions or traffic signs that may be related. These photos provide evidence for insurance claims and court cases.
  • Collect Witness Information: If there are witnesses to the accident, ask them for their contact details. Eyewitnesses can be very useful to prove how the accident happened and who is responsible for it. But do not disclose personal information to witnesses in order to protect your privacy.
  • Exchange Information: Ask the other driver(s) for their contact and insurance information. This includes names, addresses, phone numbers, names, and policy numbers of insurance companies. Having this information makes it easier when filing insurance claims and dealing with the other party’s insurance company if necessary.
  • Take Notes: Record as many details as you remember about the accident. A lot of information should be provided like the time and place of the accident, weather, and other circumstances that led to the accident. These notes can be beneficial for completing insurance forms or communicating with an attorney.
  • Refrain from Blaming Yourself: Avoid admitting fault or giving any information about the accident to anyone except the police and the lawyer. It is also dangerous to claim responsibility for the accident because this claim can be held against you in the event of insurance claims or a court case. It is advisable to hold on until you seek the services of a car accident attorney to make any statement.

Who’s at Fault After a Car Crash?

When a car accident happens it is essential to know who is at fault. This allows for easier negotiation with insurance companies and legal officials. Some of the factors that can make it difficult to establish liability include how the accident occurred as well as the type of insurance. The car owner or other parties involved could be held accountable as well. Thus, signs that someone messed up and caused the accident could include being distracted, driving too fast, violating traffic rules, etc. It is possible that two or more insurance companies will need to compensate for the damage. 

That’s why it is advisable to seek the services of a car accident and injury lawyer. They can make sure you get the compensation you deserve for your injuries and losses.

What You Need to Prove in Car Accident Negligence Claims?

Negligence in car accidents claims an issue of how careful the drivers are when they are causing accidents and only due to negligence and lack of care people are getting involved in car accidents. To prove negligence, you must establish certain criteria:

  • Driver’s Duty to Others: This implies that drivers have a duty of care towards other road users and should ensure that they do not harm them. It is a commitment to drive responsibly and obey traffic regulations.
  • Failure to Uphold Responsibility:  A driver may be considered negligent when they are driving in a drunk state or violating traffic laws. 
  • Reasons Behind the Collision: Careless behavior contributes directly to the occurrence of an accident. For instance, if a driver breaks the traffic light and causes an accident, negligent behavior is the cause of the accident. It’s like they are to be blamed for the crash by driving carelessly.
  • Consequences of the Accident: The accident must be the reason for your injuries. This means that the injuries you suffered are a direct result of the carelessness of the other driver. 

How Can a Car Accident Attorney Help You Gather Evidence?

A good car accident attorney is very important in gaining the evidence that will prove that the defendant caused such injuries as well as proving the extent of the injuries suffered. Attorneys collect and protect evidence by:

  • A car injury attorney has the official reports from the police or other bodies that record the case of the accident. These reports will give you the necessary information about the incident that will help you in your case.
  • Lawyers contact people who witnessed the accident and record their statements. These witnesses can also offer information on what transpired.
  • Car accident injury lawyers ask for footage from nearby cameras. These videos can demonstrate how the accident happened and who was responsible.
  • They acquire your medical records to assess the severity of your injuries and the treatment you received. This makes it possible to prove the seriousness of your losses.
  • They try to find the financial capacity and the assets that a responsible party may have to compensate you for your losses.
  • Lawyers also employ experts including accident reconstruction experts to review the evidence and offer professional opinions about the causes of the accident.

These actions enable the car accident and injury lawyer to improve the chances of you getting fair compensation for your losses.

How To Find the Best Car Accident Lawyers Near Me? 

Finding car accident injury lawyers is not a challenge but finding the authentic lawyer is. You need a lawyer who can help you to get the compensation you deserve. For this, you can initiate by doing your research. Search online “best lawyer for car accident near me” and prepare a list. See their expertise and most importantly check the reviews. Some car crash attorneys also provide a free consultation for discussion. You can discuss your queries and then choose the best one for you. 

Leave a Comment