Six Common Myths of Auto Accidents

Being in an auto accident is a terrifying situation that many of us experience at least once in our lifetime. When you have been in an accident, it is helpful to know what your rights are and how you can get the help you need. An experienced auto accident lawyer will likely be one of your best resources, should an auto accident affect your life.

Although none of us want to imagine ourselves in an auto accident, it is likely such an accident will occur. Knowing what to expect when one does happen can help prepare you for the confusion such circumstances create. Below are six of the most common myths about auto accidents, to help you avoid confusion if you are in a collision one day.

Whoever is responsible for the wreck will have to cover all of my costs.

When another party is at fault in an accident, you are not automatically compensated for all of the expenses you must pay. Their insurance company will actually work to undercompensate you. Only a judge or jury can rule what the insurance company has to pay. You will likely gain money for medical expenses and the cost of repairing your car, but other costs will not be recovered without a successful claim.

Comparative Negligence in Pedestrian Accidents Hit by a Car

When a moving vehicle strikes a pedestrian, catastrophic injuries usually result. Vehicles outweigh pedestrians by thousands of pounds and exert great force that the human body cannot generally withstand. Despite a “vehicle versus pedestrian” accident being most damaging to the pedestrian, a driver may try to defend his or her actions through comparative negligence.

Due to the intricacy of personal injury cases and skill with which some lawyers develop defenses for clients against plaintiff claims, it is important to engage the help of an experienced personal injury lawyer for an accident claim. An expert attorney will know your state laws well and can pursue fair compensation for your injuries and other damages.

Comparative Negligence Defined

Comparative negligence is a defense used in court to mitigate the amount of liability on the part of the defendant. In the past, the rule for auto accident cases was that a party could not recover damages if he or she contributed to their own injuries suffered during the accident. Although this rule is seldom followed in courts of most states, many states use comparative negligence to reduce the amount of recovery compensation a plaintiff can receive according to the amount of responsibility he or she held for the accident and resulting injuries.

Car Accidents Caused During the Summer

During the summer months, travel on America’s highways and in the skies increases substantially. Because there are so many vehicles on the road, the number of accidents also increase. When motor vehicle accidents happen, people on vacation and those commuting to work, driving home or making their way to recreational options all experience headaches.

When a car accident occurs in the summer, the experience of a personal injury lawyer can help get you back on the road to recovery from injuries and property damage.

Teen Drivers Are Often Involved

Because school is not in session, teen drivers spend more time enjoying themselves on the road. Due to inexperience, immaturity inherent in their age, peer pressure and lack of knowledge in driving, teen auto accidents frequently occur in the summer, when teens are supposed to enjoy a carefree life.

The National Highway Traffic Safety Administration has indicated August is the most dangerous month for any driving in the United States. Loss of vehicle control leads to serious collisions, such as head-on accidents with other drivers and passengers in their vehicles. Extensive property damage can occur when a driver loses control of his or her vehicle and collides with objects.

Unsafe Road Conditions Leading to Car Accidents

Car Accidents Caused by Bad Road Conditions

Involved in an Accident because of Poor Road Conditions?

Even the best driver who pays particular attention to how they drive, ensuring speed limits are obeyed while they are behind the wheel, maintaining their car’s operability and adhering to traffic laws can run into trouble on the road that leads to accidents. Such trouble may be found in bad road conditions like potholes, deteriorating roads and missing guard rails. When an accident occurs because of these issues, who is liable for the accident?

Proving liability in cases of car accidents caused by poor road conditions can be very difficult. But an experienced personal injury attorney is able to help you ensure that liability and accountability fall on the responsible parties, instead of your own shoulders. Negligence of others should not result in you having to pay for injuries or damages. An auto accident and personal injury lawyer can help you gain compensation for these expenses from the people and businesses liable for your accident.

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Proving Road Conditions Caused Your Accident

To prove that road conditions are the cause of your auto accident, the following issues must be determined:

Preventing Bankruptcy after a Serious Motor Vehicle Accident

High Medical Bills After a Car Accident

Many people come very close to bankruptcy after a serious auto accident. You need to know this is common due to how stifling medical bills can be after injuries have been sustained and must be treated. No one plans for a car accident and when it happens, it can be not only a complete surprise but detrimental to your personal financial security. According to the CNBC report, medical bills are the biggest cause of bankruptcy with over 2 million filing bankruptcy in 2013.

What typically happens following an auto accident is the insurance company of the responsible party will try to provide compensation that they believe you will accept, according to what they feel is appropriate. They do this because they must take care of their own customer, the policy holder, not because they have your best interests in mind.

So the question is whether you should accept the insurance company’s offer at face value, or spend some time trying to negotiate with them.

What you should do first is to contact an experienced auto accident attorney. If you have already accepted some money from the insurance company, you should still contact a lawyer if your expenses are more than the compensation you were provided after the accident. A lawyer can help rectify the situation and get you the compensation you should have received in the first place.

When Insurance Companies Act in Bad Faith After Your Accident

Many insurance companies actively resist approving claims. They do so because they want to minimize the amounts they have to pay out. In cases in which a person is injured in automobile accidents, insurance companies may be especially hard to work with. Personal injury and car crash cases can be more difficult when all of the different versions of what happened are collected by the insurance companies. They will try to use these competing stories to argue that might reduce their insured's negligence level.

Some insurance companies will act in bad faith as the standard way in which they deal with all claims. These companies will either try to force plaintiffs to settle for very low amounts or to go to court. In these types of situations, an experienced personal injury attorney may prove that the insurance companies are acting in bad faith.

Understanding What is Bad Faith

Different insurance companies follow different approaches to how they settle claims. Some of these approaches depend on how large the companies are and how they are managed. When you know what general approach a particular insurance company takes to claims, it can be helpful when you are filing your own claim. For example, if you are dealing with an adjuster who is seemingly unworkable, it may be a tactic that their supervisor ordered them to use. This is one reason that trying to handle your personal injury claim without getting legal help is normally a bad idea.

Insurance Company's View on Causation of a Car Accident

Car Insurance Adjuster Reviewing Damage to Car After an Accident

Car Accidents - Causation

Many people think that when you are involved in a car accident and the opposing insurance company concurs that their insured is responsible for the accident; they will automatically pay. However, they often do not want to pay all the damaged caused by the collision, they would much rather settle for a lesser price. They will use numerous tactics to get out of paying anything at all. One of their common strategies is to take the position that their insured was the one that caused the accident, but the injuries were pre-existing and did not occur during the accident. 

Low Impact Labeling

Take for instance the damage to your car was minor; the insurance company will come back with a label of "low impact" for the accident. Over the past decade, insurance companies are trying harder than ever to fight insurance claims in these minor accidents. To prove their point they will sometimes reference the price to fix the car. If the repairs are between the ranges of $500-$3,000; the accident would be considered to be a low impact collision. Also, the insurance company can also just say the collision is low impact based on the visual aspects of the automobile. If and when they deem an accident with this title, it becomes hard to fight for compensation.

Determining Fault in a Car Accident

Who is at fault after a car accident?

When a car accident occurs, it is part of legal procedure to determine who is at fault. This also serves the insurance companies in the critical steps of filing an insurance claim or personal injury suit. Determination of fault plays a large role in the outcome of a personal injury case and associated claims.

The person or entity determined to be responsible for a motor vehicle accident is usually financially and legally responsible for damages and injuries suffered by others involved in the crash. One individual driver may be held accountable for these damages or multiple parties may be deemed at fault. When multiple parties are involved, damages may be divided between those parties according to their role in the accident.

Determining Fault: The Process

There are several principles applied in determination of fault. These usually help lead to clarification of blame or negligence in the accident, even when involved parties disagree about the circumstances of the wreck.

Leading Causes of Car Accidents According to Studies Shown

Distracted Teen on Cell Phone while Driving Causes Car Accident

Among the leading causes of death each year in the United States, auto accidents cost billions in damages and injuries. Medical expenses, medication, surgeries and treatment for victims of car accidents are part of those costs.

If you or a loved one have been injured in a car accident or an auto accident resulted in death of a loved one, you need a Phoenix car accident lawyer who can help determine how much of these costs you are responsible for and how much another party may be required to pay due to negligence or responsibility in your auto accident. 

Auto Accident Statistics in Arizona

According to car accident statistics that were released by the Arizona Department of Transportation (ADOT), over 116,600 cars, trucks and motorcycles were involved in auto accidents in Arizona during 2015. There are many factors that lead to these auto accidents. But many causes are common from state to state. Quite frequently, car accidents can be prevented.

In 2012, there were over a staggering two million drivers and passengers who sustained injuries. Another 21,000 people suffered fatal injuries. This means that there were about 60 deaths from auto accidents each day that year. Sadly, many of these injuries and deaths could have been prevented.

A Mechanic Caused My Car Accident – What To Do?

Bad Mechanic Caused Car Accident

Have you recently had your car in for service, and it came back in worse condition than when you dropped it off? What if you dropped it off for service and came back to a transmission that was not working properly, but it was just fine when you gave it to them? What if a negligent mechanic caused an issue that lead to your car accident? Believe it or not, this sort of thing happens all the time. Of course, the mechanic will state that the vehicle has previous damages, but you wonder if you have any legal recourse to rectify this situation. It comes down to a "he-said-she-said" kind of war, but you do have options.

You need to decide what kind of claim you want to file in an attempt to get your car fixed. Having a car accident lawyer is imperative through this process, but the type of attorney you hire will be dependent upon the kind of claim you file. The burden of proof is on you, and you must prove to the courts that the auto shop was negligent and messed up your car. A knowledgeable legal representative can help to walk you through the legal elements and the cause of action that need to be established.

My Car has a Manufacturer Part Defect and it Caused a Crash

Defective car parts can lead to car accidents - Speak with an injury lawyer if you are a victim of manufacturer defect

Today's automobiles are much safer than ever before. Technology, devices and equipment ensure passengers and drivers are well-protected. Seat belts, road and vehicle condition monitoring computers, crumple zones, airbags and warning indicators help drivers avoid accidents, also protecting everyone in the vehicle when a crash happens.

But sometimes those protective systems fail. Like any equipment, technology or mechanical device, these systems can be defective due to improper manufacturing or faulty installation. When people "soup up" their car using aftermarket additions, those may also interfere with the vehicle's safety or performance.

Hit With Sudden Medical Bills After a Car Accident?

Unexpected High Medical Bills After a Car Accident

After even a minor car accident, medical bills can quickly pile up. According to the Consumer Financial Protection Bureau report, unpaid medical debt is a problem for 20 percent of Americans.

A spokesman for the National Foundation for Credit Counseling, Bruce McClary, said, "The stress of this debt is overwhelming to many people. Often, consumers just shut down due to fear and anxiety associated with getting collection letters in the mail."

The American Journal of Medicine published a study in 2009 showing that over 60 percent of all bankruptcies are at least partially related to medical expenses. This is the case, even though the vast majority of those who filed for bankruptcy had health insurance.

A recent survey by Bankrate.com verified this through their findings, also showing that over 60 percent of Americans are unable to cover unexpected medical expenses, even when costs are as low as $500 or $1000. Despite health insurance, leftover costs are most often not manageable.

Causes of Truck Rollover Accidents

Rollover Semi Truck Accident

Many fatal truck accidents are the result of vehicle rollovers. When a semi-truck rolls over, other vehicles in its path are unable to stand up to the truck’s size and weight. Trucks often swing across the roadway, as well. This can sweep aside vehicles in its path. Statistics from the Insurance Institute for Highway Safety (IIHS) report shows a decline in deaths of large truck / semi trucks occupants over the last 20+ years. 

But many truck rollover accidents are actually preventable. They may be prevented by understanding their causes and adjusting driver behaviors or other factors to prevent the catastrophic results of truck rollover accidents.

When a rollover accident involving a truck occurs, it is important to seek the advice of an experienced rollover truck accident attorney. Such an attorney can investigate the accident and develop a case for victim compensation for injuries or other damages.