Legal steps to take after motor accident explained in details
Motor accidents, also know as "traffic collision" occurs when a vehicle strikes or collides with another vehicle, stationary object or animal. While some motor accidents leads to property damage, other results in serious injury or death. There are many factors that can contribute to motor accidents, and sometimes these accidents have legal consequences.
A motor accident occurs when a car, truck, bus or other motorized vehicle hist another vehicle, person or object, like a tree or power pole. Motor accidents have serious consequences, including damage of property, injury or death, which is likely to cost a lot of money. When a motorcyclist causes an accident, he may be held liable of damages and injuries caused by the wreck.
Common Causes of Motor Accidents:
- Speeding - Failure to follow the legal speed limits is perhaps one of the main causes of motor accidents. Driving faster than what is considered safe for the road conditions is considered speeding, regardless of the posted speed limit.
- Driver fatigue - Driving when you're tired may lead to falling into a trans-like state, or even fall asleep at the wheel. When the driver nods or sleeps, there is very high probability of being involved in a motor accident.
- Drunk Driving - Driving under the influence of drugs or alcohol is dangerous and often fatal. You can't drink and drive, drinking and driving increases the likelihood of causing a motor accident by 800% over other drivers.
- Using a Device - Texting and talking while driving and even playing with your phone, music player or GPS device increases the level of danger on the road, because drivers are distracted. Many states began to pass laws that prohibit using your phone while driving, and some have extended this "Cell phone laws" including any distracting activities. These are called "distracted driving laws."
- Defective Auto Parts - When a part in a vehicle is defective or bad, it can cause the vehicle to operate in a dangerous way. Common defects include problems with the brakes, tire defects, defective airbags, too heavy design and heavy weight. When an accident occurs, faulty safety features can increased the risk of serious injury or death.
- Poor Weather Conditions - Weather conditions that leave the roadway wet or icy, or reduce visibility, are dangerous to vehicles on the road, and require drivers to pay more attention and slow down. Strong winds, blowing dust, fog and heavy rains are common causes of accidents.
Legal Steps to take after a Motor Accident
It is not uncommon for drivers to panic after having an accident, or not know what to do. When injury occurs, emotions are high, and those involved often forget to take important steps. It is important for drivers to know what to do after a motor accident, to prevent further injuries and to avoid breaking the law. What are the legal steps to take if you are in involved in a motor accident:
- Exchange Information: exchange insurance information and also personal information, including name, address, tag number and the driver license number, if possible. We recommended that you obtain this information yousef, even if the police have a full report, because there have been incidents in which the police officer did not record the correct information.
- Take Photos: After everyone is safe, it is good idea to take pictures of all vehicles involved and also the area where the accident occurred. Emergency services in most courts prefer that if there are no injuries, the driver should move the vehicle to a safe place, such as broad shoulders or a parking lot.
- Gather Bills and Repair Estimates: it is important to keep track of costs related to property damage and injuries caused by the accidents. This includes the acquisition of medical bills, written estimates or invoices for claims and other documents.
- Consider Hiring an Attorney: if you are injured in an accident, you should hiring an attorney. With the help of an attorney, there is a better opportunity to maximize the benefits of recovery. Most personal injury attorney work on the case of unexpected tol, which means that the attorney receives compensation if you're awarded damages or receive settlement. Here are some tips on how to choose the best motor accident attorney.
The following are some tips on how to choose the best motor accident attorney:
You can use the internet and get recommendations from people you know and other lawyers who specialize in a different area to find the best attorney for your motor accident case. If you know a lawyer or two, perhaps those who are skilled enough to make these recommendations because they know the skills of other specialists regarding this area of law.
When you find lawyers who seem interesting, you can find more about their background, training, education, area of expertise and experience. The law firm would be a good place to start. Most law firms have their own websites today, it will be easier for you to check out the profiles of different lawyers, and get to know who they are.
Be sure to check the legal status of lawyers. You can display the local bar association to get this information. As part of their checks whether the lawyer has cases pending against him/her or if it was an attempt to dismiss. This type of information is good to know before hiring an attorney.
These tips are just some of the information that you need to consider and remember when you want to choose the best motor accident attorney.
Here are what to expect after meeting with an accident attorney:
- Meeting with Your Attorney: After hiring an accident attorney, you will then meet with the attorney to discuss your case. Although the attorney will have general information from your earlier conversation, now is the time to share additional information that will be important to fill in the details of your case. This meeting may be long, and may have several meetings to discuss various aspects of the case. You can expect the lawyer to ask lots of question and listen carefully to your answers. You may find out that your lawyer ask questions that challenges your account, but that is done in order to solidify your case.
- Filing Your Case: While the incidents that lead to injuries can happen very quickly, filling such a lawsuit has a slower tempo. Your lawyer will need time to make your request in an official legal document called a complaint and this complaint must be given to the parties engaged in, called the accused. When this happens, the accused will meet with their attorneys, and will submit a response, but it may take some time. Although the court rules typically provide relatively short deadlines for the amount of time takes to get a response, granting extensions are not uncommon.
- Settlement Talks: if the other party is willing to provide compensation to avoid a trial, they can approach your lawyer about a possible settlement. In some courts, it is necessary to make an effort to resolve claims without a trial. Depending on how willing you and the defendants are regarding settlement, there can be one or more meetings held over what could be a long time. If there is no settlement, then your case will likely go to trial.
Are Motor Accidents Civil or Criminal Cases?
Motor accidents are mainly civil incidents; however, there are several ways that an accident can turn into a criminal offense.
- Hit and Run: When the driver accidentally hit another vehicle or a pedestrian, he or she must stop at the scene even in the case of a minor accident. Drivers should follow the appropriate protocol after the accident. This includes exchanging information with other drivers and parties, including information of the name, contact and insurance information. A driver who strikes another vehicle or pedestrian, and then leaves the scene of the accident may face criminal charges. The specific charge that the driver will face usually depends on the outcome of the accident. The penalties for hit and run may include loss of driving privileges, increased insurance premiums, an arrest and a prison sentence. the most serious criminal charges following motor accidents that cause traumatic injuries or death.
- Reckless Driving: Basically, the law makes it illegal for drivers to drive in a way that could endanger another person's life. Reckless driving simply means driving or operating a motor vehicle in a manner which "Unreasonably interferes with a free and appropriate use of public roads, or unreasonably endanger the users of public roads." Drivers can face criminal charges if they kill someone with their vehicle, but only under specific circumstances. Reckless driving is one of the circumstances. For example, if a motorist is driving at 100 miles per hour in a school zone, then any pedestrian's death resulting from the crash can lead to criminal charges of vehicular manslaughter or vehicular homicide.