Accidents can be traumatic experiences, and the aftermath often involves dealing with injuries and damage to your vehicle. After a car crash, it is a good idea to get a basic understanding of your legal rights and the steps you can take following an accident to better ensure you protect your rights. One example is the legal theory of negligence. If the other driver was negligent, you might be entitled to compensation.
How do I determine if the other driver was negligent?
Negligence occurs when a driver fails to exercise reasonable care on the road, leading to an accident. Showing the other driver was negligent can help if you are going to build a claim to hold that other driver and their insurance financially accountable for the cost of the crash. Possible examples of negligence can include:
- Driving over the posted speed limit or at an unsafe speed for the conditions.
- Driving under the influence of alcohol or drugs.
- Distracted driving (e.g., using a cellphone while driving)
These are just a few examples. Other actions may qualify depending on the details of the case.
How long does it take to build one of these claims?
Although the process can vary for each case, the process generally unfolds as follows:
- Consult an attorney: Discuss your crash with a personal injury lawyer to evaluate your claim.
- File an insurance claim: Notify your insurance company about the accident and your intent to file a claim.
- Investigation: Your attorney and the insurance company will investigate the accident details to establish fault and liability.
- Resolution: Options to resolve the matter can include settlement or litigation.
Accident claims may resolve through negotiations between your attorney and the insurance company. If successful, you may be able to structure a favorable settlement agreement. If not, your case may go to trial. During this litigation a judge or jury determines the outcome.
Understanding your legal rights after an accident and following the correct steps can significantly impact the outcome of your claim. From establishing the other driver’s negligence to navigating the complexities of legal proceedings, each step requires careful attention.
