Auto accidents often result in serious injuries. If you’ve been hurt, contact us today for immediate and qualified representation.
Auto, commercial trucking and motorcycle accidents are definitely traumatic, especially when someone else is at fault for the accident. Along with the shock of the crash, you may be facing serious injuries and a vehicle you rely on that’s been damaged or destroyed. Unfortunately, car accidents are the number one cause of unnecessary deaths in the United States and the biggest source of personal injury claims.
To receive compensation from the court or the third party’s insurance, it’s necessary to prove negligence or fault. Negligence means someone did not act with reasonable care and is legally responsible for the accident. Negligence can be demonstrated from the police report of the accident, witness testimony, testimony from an expert witness or photographs of the scene. In some cases, legal responsibility can be distributed as a percentage among several parties involved, a process known as comparative negligence.
If your accident was caused by someone other than yourself, you’re entitled to a settlement to compensate you for any medical expenses, lost wages, pain and suffering and other non-economic and economic damages you’ve suffered.
Understanding Your Rights
As soon as possible after you’ve been in an accident, get in touch with a knowledgeable car accident attorney to explain your legal rights. Most auto accidents are very serious and require medical attention, which should be your first priority. Make sure you get a complete medical evaluation, even if you don’t have obvious injuries as some accidents may cause injuries that aren’t apparent immediately, including neck and back injuries or brain trauma.
In many cases, the insurance company for the person that caused you harm will attempt to reach a settlement with you that may be far less than the damages you’ve actually suffered. Often attempts to settle are made before a person even knows the full extent of their damages, injuries, medical treatment, or prognosis. If you’ve been contacted by the other driver’s insurance company, do not admit fault or discuss the accident until you’ve spoken with a lawyer.
How an Attorney Protects You
Once you’ve received medical attention, contact an attorney to protect your rights. An accident attorney will help you deal with the complicated aftermath of the collision and help you recover compensation for your losses by:
- Examining the evidence of the accident, including eyewitness reports, the police report and traffic and weather conditions.
- Assessing the harm from the accident, including the cost to repair or replace your vehicle, your medical expenses, your lost wages and even your pain and suffering.
- Working with your own insurers to ensure you are getting the benefit of available medical or lost wages coverage.
- Dealing with the other party’s insurance to negotiate a settlement for you.
- Filing a lawsuit if an appropriate settlement can’t be reached with the insurance company.
- Representing you in court to recover the compensation you deserve.
Types of Accidents:
The vast majority of freeway accidents are caused by distracted drivers. If someone causes an accident because they were using their cell phone, putting on makeup or adjusting the radio, they may be held legally responsible for all damages that result. Freeway accidents may also be caused by road conditions, such as the weather, debris or construction. In this case, the government may be the liable party for any damages you’ve sustained. Driver error is another common cause of accidents, whether the driver is tired, intoxicated or driving aggressively.
Given the speed of vehicles involved in freeway accidents, these collisions often result in very serious injuries or fatalities. An experienced auto accident attorney will represent you to ensure you receive compensation to cover the damage to your car, your medical bills, your wage loss and your pain and suffering if you or a loved one has been injured or killed in a freeway accident and someone else was at fault.
Rear End Accidents
Even a low speed collision can cause injuries, including spinal cord injuries, soft tissue injuries to the spine (known as whiplash) and head injuries. It’s rather common for insurance adjustors from the at fault party’s insurance company to call you after the accident, often claiming there is no serious damage to your vehicle so you should not have any injuries. This is why it’s important to seek representation from an auto accident attorney to protect your rights and ensure you recover compensation for all your damages.
In almost all rear end collisions, the driver of the following car is at fault for the accident for not paying attention, or traveling too fast, or following too closely. Many people do not realize they have been injured after such an accident so it’s important to seek medical treatment as soon as possible to have your condition evaluated. Insurance companies often contest the extent of injuries and argue that the collision was not the cause of your injuries. Thus even in a claim of clear fault there are often complicated medical issues that are contested by insurance companies.
While laws require drivers to maintain insurance on their vehicle, you may be involved in a car accident with an uninsured driver. This lack of coverage can present a real problem to you if you’ve suffered injuries or damages as a result of the uninsured driver’s negligence. If you’ve been injured by an uninsured motorist, it’s often difficult to recover the compensation you need. An experienced attorney will evaluate the potential coverage under other insurance policies that protect against uninsured drivers, such as your own automobile insurance, the insurance for the vehicle you may have been a passenger in, or potentially insurance held by family members. Navigating the insurance claims after an accident with an uninsured driver can be very difficult. It is important to hire an auto accident attorney if you’ve been injured in an accident with an uninsured motorist to ensure you receive adequate compensation and the full benefit of the coverage available.
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Disclaimer: The information presented on this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that particular case and the results will differ from case to case. Our past results do not guarantee the same results in the future as each case depends on its own unique set of facts and circumstances. To get specific legal advice regarding your personal injury, auto accident, motorcycle accident, bicycle accident, brain injury, workers’ compensation claim or wrongful death claim; please contact the law offices of Adams, Hill & Hess. This web site is not intended to solicit clients for matters outside of the State of Oregon and may be considered advertising by the Oregon State Bar Rules.