If you are involved in a car accident where you sustain personal injury or significant damages to your vehicle, you will want to seriously consider hiring a car accident lawyer. An auto accident lawyer can help you recover losses by negotiating with insurance claims adjustors and/or taking your case to court. While you may choose to negotiate with an insurance claims adjustor yourself, remember that claims adjustors are trained to settle your claim for as little money as possible. Also, once you accept money from an insurance company, your claim is settled and there is little an attorney can do at that point to recover more money if your injuries are more extensive than you originally thought.

Keep in mind that insurance claims adjustors record conversations and try to establish liability and limit damages. A car accident lawyer is experienced in negotiating with insurance companies; therefore, it is best to consult a car accident lawyer early to avoid financially painful mistakes. Also, people who utilize a car accident lawyer typically receive higher settlements than people who negotiate their own claims—even after paying legal expenses.

Paying an attorney is a concern that many car accident victims worry about. Most attorneys will take car accident cases on a contingency fee basis. That means that you do not have to pay the attorney upfront as the attorney will receive a percentage of the money they recover for you—usually 1/3 of the amount awarded to you. This provides accident lawyers with tremendous motivation to be an effective advocate for you in the settlement of your insurance claim or car accident case. It is important to be aware that contingency fees do not cover costs of litigation and you will be responsible to pay your car accident attorney for things including, but not limited to copies, expert witness expenses, filing costs, and court reporter fees for depositions.

It is important to contact a car accident lawyer soon after your auto accident so they can speak to your insurance company on your behalf, protect your rights, and inform you of the options you have to receive the money entitled to you for your damages and/or injuries. Also, you may need money to pay medical bills and cover lost wages—the sooner you contact an attorney, the sooner you can financially recover from your car accident. Contacting a car accident attorney promptly after an accident will also help you avoid missing out on just compensation due to statutes of limitations, or deadlines (which vary from state to state), that prevent you from making a claim. It is, therefore, in your best interest to contact a car accident attorney sooner than later so they can help you obtain the recovery you are entitled to.

Even if you carry auto accident insurance, recovering the damages from a car accident can be difficult if the person who caused your injury and/or damages does not carry liability insurance, or is underinsured and, therefore, cannot cover the full cost of damages you sustained. In most cases, a driver is uninsured for economic reasons. That is, they do not carry auto accident insurance because they do not have the financial resources to do so. This being most often the case, if you seek to pursue legal action against the uninsured motorist for your damages and/or injuries, even if your case is successful, you may still be responsible for covering your accident related expenses if the uninsured motorist does not have the financial means to compensate you.

If the motorist who caused the accident you were involved in does not carry auto accident insurance, it is not impossible for you to recover damages. Many insurance carriers offer uninsured motorist coverage. In some states, this coverage is mandatory. This coverage allows you to collect damages from your insurance company in the event that you are hit by an uninsured or underinsured motorist. It is important to contact an experienced accident attorney soon after a car accident as he or she may know about some coverage that you are unaware of.

Sometimes, you may be able to pursue legal action against your own insurance company for damages caused by an uninsured motorist. Contacting an accident attorney with experience handling uninsured motorist car accident claims may help you receive fair compensation if you are involved in a car accident with an uninsured motorist. An experienced car accident lawyer will know how to read your insurance policy and determine the right course of action to help you receive the recovery you are entitled to.

Being involved in a car accident is something you are never quite ready for; however, it is something that you can prepare for. First, check your insurance policy to see if you are covered for uninsured motorist accidents. If you are not, ask your insurance carrier for information about purchasing this coverage. Be sure to receive the terms of the insurance agreement in writing.

Another way to be prepared for a car accident with an uninsured driver is to know what steps you should take after a car accident (see What to Expect when You are in a Car Accident). Be sure to document as much information about the person you had the accident with as possible so that you can contact them later. Also, if they have an expired insurance policy, be sure to write down the insurance carrier’s information so you can contact them to be certain that the person’s insurance is indeed cancelled.

Finally, be sure to choose a car accident attorney with expertise handling your type of claim (see How to Choose a Car Accident Lawyer). An experienced car accident attorney may be able to help you recover damages if you are involved in an accident with an uninsured driver.

Once you have a list of attorneys with experience in car accident or personal injury claims, you should find out their record of success in overseeing cases like yours. A strong record of success demonstrates expertise and experience in handling accident claims. If a car accident attorney has won numerous other cases like yours, it is a good indicator that he or she will have the experience necessary to handle your case.

Another thing you want to know about your potential car accident attorney is if they have experience trying cases like yours. It is important to have a lawyer with a good reputation as a trial lawyer even if you are planning on settling your claim outside of court; you may need to go to trial to receive fair compensation for your damages and/or injuries. Also, insurance companies tend to offer larger settlements if your attorney has a reputation as a good trial lawyer as insurance companies generally want to avoid going to court. A good trial lawyer will give you the type of attention that your case deserves and help you obtain the recovery you are entitled to.

You also want to know if your potential lawyer charges a contingency fee or an hourly rate. Most car accident lawyers use a contingency fee, where you do not have to pay the attorney upfront. Rather, they receive a percentage of your award or settlement (usually 1/3) as compensation for their work. That means the attorney has to be successful to be paid for his or her services. While it is common practice for car accident lawyers to charge a contingency fee for their services, never assume this to be true. If the attorney will work for you on a contingency basis, ask what percentage of the recovery they will take and how additional costs of litigation will be calculated. Always ask how the attorney will be compensated for their work.

It is also good to know if your potential accident lawyer belongs to their state’s Trial Lawyers Association and/or the American Association for Justice (formerly the Association of Trial Lawyers of America). Involvement in these organizations shows a commitment to promoting fair and effective justice. Other things to consider are years of experience, what law school the attorney attended and any additional training they may have.

Once you have gathered all of this information about your potential car accident lawyer, compare the qualifications of all the accident attorneys you researched and select the attorney who has the most experience handling your type of claim and has the best record, the best trial experience, and the best character. Often times, the money recovered for you may be directly correlated to the quality of the lawyer you choose.

There are several things that you need to do when you are involved in a car accident. First, stop your car. Do not leave the accident scene as hit-and-run policies are severe and can complicate your situation. If it is at all possible, move your car out of traffic to a safe place. If you cannot move your vehicle, use cones or flares and/or your vehicle’s hazard lights to alert on-coming traffic of the wreck and prevent additional collisions.

Next, check to see if anyone is injured. If someone is injured, call an ambulance for assistance. Do not attempt to move someone who is injured severely if you are not trained to do so. Moving an injured person can result in making their accident injuries worse. Use your judgment, though, as removing a person from a flaming car may worsen their injuries, but save their life. You should always move injured people if they are at risk of further injuries or death.

After making sure everyone involved in the accident is okay, call the police. It is your responsibility to file an accident report with the police. If the police do not arrive at the scene, file a written report at the police department as soon after the accident as possible. When talking to the police, do not admit guilt or put blame on others involved in the accident. Try to simply state the facts. For example, instead of saying, “I wasn’t speeding,” tell the officer how fast you were going, “I was going 45 mph in this 50 mph speed zone.”

If the officer issues you a ticket, sign it. Signing a ticket is not an admission of guilt; rather, it is a promise that you will appear in court to contest the ticket or pay the ticket at a later time. Refusing to sign a ticket may result in arrest. Before admitting guilt or paying a fine, it is a good idea to contact an accident lawyer so you do not inadvertently hurt your chances of collecting damages from the other driver later. An attorney can help you resolve these legal issues.

Do not rely on the police report alone for an investigation of your car accident, but also make and maintain a copy of your own detailed notes. If your case needs to go to court, these details will greatly assist you and your attorney as most cases take approximately 14-22 months to go to court. Therefore, you should write down everything about the accident while it is fresh in your memory.

Your notes should address the following:

• time and date of accident
• where were you going or coming from (why were you driving?)
• weather conditions
• police officer’s name
• facts of the accident (were you or the other driver on a cell phone at the time of the accident?)
• names and contact information for any witnesses
• names and addresses of any passengers
• place of the accident

The more detailed your notes, the better your chance of receiving the compensation you deserve. These notes will be useful if you need to contact a car accident lawyer to collect damages.

Part of taking good notes is taking good pictures. Again, do not rely on police photos alone for an investigation of your car accident. You should take pictures of the accident scene as soon as possible after the accident and from many different angles and distances. Take more pictures than you think you need. These traffic accident pictures will be used to show the overall context of the accident and assess the damages to each vehicle and/or person when you talk to the insurance claims adjustor. It is a good idea to contact an attorney to negotiate with a claims adjustor since insurance companies are trying to establish liability and limit damages when they contact you. A car accident lawyer has the experience to negotiate with insurance claims adjustors for the amount of money you are entitled to.

After the accident, you should exchange the following information with the other driver: name, address, date of birth, telephone number, driver’s license number and expiration date, insurance company and contact information, and written description of the other vehicle (the make, model, year, license plate number and expiration date, and vehicle identification number). To obtain this information, you and the other driver should show each other your driver’s license and vehicle registrations.

Finally, be sure to contact your insurance company as soon as possible after the accident. Most insurance companies require policyholders to file insurance claims immediately after an accident. The insurance company may deny you coverage if you do not report your accident promptly. In some cases, it is a good idea to contact an attorney to help fight for damages.

Alcohol is usually considered an aggravating factor in car accidents. An aggravating factor is a reason why someone who has plead or been found guilty should receive a more harsh sentence. It is also something that is used to increase the value of a claim above and beyond what it would have been had the aggravating factor not been a factor in the claim. When aggravating factors are involved in a claim, you are filing for punitive damages.  Punitive damages are awarded to reform or deter the defendant from repeating the reprehensible behavior that caused your damages and/or injury. A drunk driver accident attorney will know how to file for punitive damages and can help you understand different factors that may help you receive the full compensation that you are entitled to.

Another thing to think about when you are the victim of a drunk driving accident is who is liable for the accident.  While the obvious answer may be the drunk driver, in some circumstances dram shop liability (see article link) may apply; that is, the party that supplied the liquor may also be held liable. Therefore, it is important to understand that when you are involved in a drunk driving accident, you may have multiple claims to file. An experienced drunk driver accident attorney will be able to investigate your claim and prosecute for the maximum amount of compensation that you are entitled to.

In addition to civil charges, drunk drivers are often subject to criminal charges. As such, you may be entitled to recover some of your damages through state victim assistance and compensation programs. Some states offer these programs to help reimburse crime victims and offer victim services when a drunk driver does not have liability insurance. An experienced drunk driver attorney will know how to help you recover losses and will be familiar with state programs that offer assistance to victims of drunk driving accidents.

Also be aware that when insurance claims adjustors contact you they are trying to establish liability and limit damages. To avoid inadvertently reducing your damages, it is best to have an attorney with experience handling drunk driving claims handle all communication with your insurance agency. If the other person’s insurance company contacts you, it is best to say that you are not prepared to speak with them at that time and tell them you will have your attorney contact them. Allowing your drunk driver accident attorney to work with the insurance agencies will help you avoid financially painful mistakes.

When selecting an attorney to represent your drunk driving claim, it is important to know how many victims your potential lawyer has represented. You will also want to ask the attorney if he or she is willing to seek damages against the party or establishment that served the drunk driver alcohol and if they are willing to pursue criminal charges against the drunk driver. It is also good to know the success the attorney has had representing victims of drunk driving accidents. Hiring an attorney with expertise in trying drunk driving claims and a proven track record of success will increase your chances of obtaining a fair recovery.

Drunk driving accidents cause tremendous amounts of suffering and there are several organizations that are working to not only reduce alcohol-related accidents but eliminate drunk driving accidents. These organizations also offer programs and information for people whose lives have been affected by drunk drivers. If you would like more information about resources for victims of drunk driving accidents, you can contact the following organizations: Mother’s Against Drunk Driving, Impaired Driving (Drugs & Alcohol)  Safety Program, Remove Intoxicated Drivers-USA, and Witness Justice.

Crashworthiness refers to your vehicle’s ability to protect you in a car accident. It is a type of products liability (see Products Liability) where manufacturers are responsible for the goods they provide to consumers. Sure, none of us hope to ever be in car accident, but the truth is, car accidents are increasingly becoming more of a risk as traffic continues to surge every year.

To determine a vehicle’s crashworthiness, the National Highway Traffic Safety Administration (NHTSA) has set standards that car manufacturers must meet to receive a crashworthiness rating for different types of crashes. Vehicles are tested for their performance in frontal collisions, side-impact crashes and rear-impact crashes.

While these tests give manufacturers and consumers an idea of how much protection a vehicle will offer someone who is involved in a crash, they cannot and do not guarantee that a vehicle is in fact, crashworthy in all circumstances. There are many variables that are not tested for to determine a vehicle’s crashworthiness, such as size of the driver and passengers and where passengers are located in a vehicle when they are involved in a car accident.

Since manufactures cannot test for every type of accident a vehicle may be involved in, they cannot always be certain that their design structure is solid or provides the maximum amount of protection for drivers and passengers in all situations. Manufacturers must, therefore, take reasonable measures to make sure that their vehicles are structurally solid, that their vehicles have safety features in place and that those safety features function properly.

To determine if your injuries are a result of crashworthiness, there must either be some kind of defect with your vehicle’s safety features (e.g., seat belt malfunctions, lack of sufficient roof support, poor fuel tank welds, door latches that release on impact, airbags don’t open properly or at all, etc.), a lack of features that could have prevented injury or a failure to warn consumers of certain design features that may be harmful if used improperly.

If you are involved in a car accident, it is important that you contact a car accident attorney soon after the accident. A car accident attorney should be able to advise you on who is liable (responsible) for your injuries and help you develop a case to receive fair compensation for your damages. Determining liability is often difficult as vehicle manufacturers use parts from other manufacturers in the production of their vehicles. An accident attorney should have experience determining who is at fault and be able help you obtain the recovery you are entitled to from the party that is most responsible for your injuries.

Preserving evidence is essential whenever you are involved in a car accident (see How to Preserve Evidence after a Car Accident), but it is especially important if you suspect that the manufacturer may be responsible for your injuries. Vehicle manufactures will fight tooth-and-nail against any claim filed against them and they have considerable resources to do so. An accident attorney should be able to help you preserve the evidence that you need to make a strong case against your vehicle’s manufacturer.

When you are involved in an accident where a cell phone is involved, you should follow the same procedures that you would after any car accident (see What to Expect When You are in a Car Accident and How to Preserve Evidence after a Car Accident).

It is important to contact a car accident lawyer who has experience with cell phone car accident claims as laws are changing in regards to cell phone usage while driving as well as who can be held liable for cell phone car accidents. An accident attorney with expertise in cell phone car accident claims will be familiar with the most current laws and be better able to help you obtain a fair recovery for your damages.

A driver distracted by talking on a cell phone can be charged with negligence, whereby you are entitled to compensation for your damages and/or injury. You may also be able to bring a personal injury lawsuit against a driver who was using a cell phone at the time of the accident if you sustain injuries as a result of the car accident. A cell phone car accident lawyer will know how to pursue the course of legal action that is best for your damages.

Not only can the motorist using a cell phone that caused an accident be charged with negligence, but employers may also be found negligent if their employee was making a business related call at the time of the accident. Many cases have been won against companies whose workers cause accidents while driving and talking on the phone. It is, therefore, important to find an attorney who is willing to investigate your claim carefully and pursue a claim against the cell phone user’s employer if necessary.

While many claims against employers of cell phone users in car accidents have been successful, there is yet to be a successful lawsuit carried out against wireless carriers for their subscriber’s negligence. While it is not impossible that the cell phone carrier may be liable for their subscriber’s cell phone-related car accident, a case has not been won against a cell phone carrier.

The first thing you will want to do to create a record of the auto accident is take photographs. You will want to document the accident scene and damages to vehicles and people. To create a pictorial record of the scene, take pictures from near and far and from different angles. Be sure to take pictures of the road conditions and any other factors that may have contributed to the accident (i.e., covered, bent, or missing road signs). Take pictures of skid marks, road debris, and anything else that may help an expert recreate the scene if necessary to successfully pursue your accident claim.

When taking auto accident photos, be sure to focus on specific details. Do not simply take pictures of the overall damage your vehicle sustained in the car accident. It is also important that you take close range photographs documenting the details and extent of the damage. Be sure to develop your pictures promptly after the accident so you can make notes on the back of each photo. Specific documentation you have of the damages your vehicle sustained will help your car accident lawyer recover your losses in court or a settlement.

If you or anyone in your party has sustained a car accident injury, it is necessary to photograph the extent of the injury to pursue a personal injury insurance claim. If you are photographing an injury at close range, it is a good idea to include a ruler in the picture so viewers can gauge the actual size of the injured area. Not only do you want to take photographs of car accident injuries as soon as possible after the accident, but you will want to document the healing process with photos, copies of medical records, and evidence of lost wages due to the injury. A car accident attorney can further advise you if you are pursuing a personal injury insurance claim.

In addition to this documentation, be sure to make a daily journal log to record the pain that you are experiencing after an accident. Also, keep track of any additional expenses or losses incurred from a car accident injury such as medical prescription bills, additional food, and how the injury has affected your standard of living. Be aware that there is a lot to consider when you are pursuing a personal injury insurance claim. It is important to contact an accident lawyer soon after your accident so they can advise you on all of the things you need to document and save to establish a strong case.

After you document your experience with auto accident photos, you will also want to take the time to sit down and write detailed notes about the accident. The average case takes about a year to go to court and up to 22 months to resolve. In that time, specific details of the accident can become hazy or even forgotten completely if you do not take the time to write everything down while it is fresh in your memory. As part of your documentation, be sure to ask for a police report. If the police report does not contain a diagram of the accident, draw one yourself. Your personal notes should include information about when the accident occurred, what you were doing at the time of the accident, who was involved in the accident, any injuries and/or damages, the name of the police officer, details about road conditions and any other information that will help you recall what happened.

Finally, before you have your vehicle repaired ask your car accident lawyer if you have enough photographs of the damage. If your vehicle is destroyed and declared a total loss, be sure to check with your attorney before disposing of your vehicle. Always consult your accident lawyer before making any decisions regarding the evidence and documentation of your car accident.

Privacy Rights
Many people are concerned about privacy rights being violated by EDRs. While the National Highway Traffic Safety Administration (NHTSA) holds that the information contained in an EDR belongs to an owner of the vehicle, rights to that information are not federally regulated and are a matter of state law. Most states that have laws about EDRs maintain that vehicle owners or leasees maintain the right to the information contained in their EDR, but the information may be obtained for third parties through court order.

Manufacturer Warranties
For others, the idea of their vehicle being monitored has them worried that the data could be used by manufacturers to invalidate warranties. This is highly unlikely since EDRs are not capable of recording a continuous stream of data like the more sophisticated black boxes found in airplanes. But there are systems, like VSDRs (Vehicle Status Data Recorders) that are capable of recording up to a week’s worth of data and could be used for this purpose. Manufacturers who utilize VSDRs maintain that they are an integral feature to keep high-performing vehicles operating at peak levels.

Length of Recorded Data
Unlike VSDRs and black boxes, EDRs are designed to capture mere seconds’ worth of information. You see, an EDR does not start recording data until it senses that a crash is imminent. In such circumstances, the EDR begins recording information about driver behavior and vehicle response within a few seconds before a crash and continues recording data for a few seconds during and after the crash. All in all, EDRs record about 45 seconds worth of information.

Type of Recorded Data
The information recorded by EDRs is strictly confined to vehicle functioning and operator behavior. EDRs cannot record video or audio, determine if you ran a red light or stop sign, or tell if you’ve been drinking. Additionally, EDRs do not record personal identifier information that indicates who may have been driving a vehicle during a crash.

EDRs are capable of monitoring and recording over 40 data points of information. What type of information your EDR records is largely determined by the year, make and model of your vehicle.

Automobile Black Boxes and the Law
While there are many safety benefits that can be attributed to EDRs, it is important to be aware the information recorded by EDRs has been used in court to determine fault for serious accidents in both criminal and civil proceedings. If you have been involved in a serious car accident, it is imperative that you hire an experienced car accident attorney who has a thorough understanding of EDRs and how to interpret recorded data.

EDR Regulations
EDRs are not required to be installed in vehicles driven in the United States, but the NHTSA will begin regulating minimum standards of information gathering and storage for voluntarily installed EDRs starting with cars manufactured for model year 2012.

Rollovers are generally more prone to occur in vehicles that have a high center of gravity and narrow wheel track. That means that SUVs and pick-up trucks have a higher rate of rollover accidents than smaller passenger vehicles. But don’t let that give you a false sense of security if you drive a smaller passenger vehicle. Remember, all vehicles are capable of rolling over under the right conditions.

There are two main types of rollover accidents: tripped and un-tripped. The most common type of rollover is a tripped rollover. A tripped rollover occurs when a vehicle slides off the road and is “tripped” by loose gravel, soil or fixed objects like guardrails, curbs and ditches. Less common is the un-tripped rollover. An un-tripped rollover occurs when a driver makes an avoidance maneuver at high speeds; the jerky movement in a top-heavy vehicle can cause the vehicle to rollover.

While the cause of rollover accidents is often due to driver inattention or error, manufacturer defects can also play a role in causing a rollover accident. When an accident is caused by a defect in manufacturing, it is imperative to contact a qualified attorney as soon as possible. These cases can be difficult to prove if you do not properly gather and document evidence immediately after your accident.

To reduce the number of fatalities caused by rollovers every year, vehicle manufacturers are utilizing the latest technology and engineering. Many manufacturer’s are making their SUVs lower to the ground and with a wider wheel track. They’re also incorporating electronic stability control (ESC) into many vehicle models to allow drivers to maintain control of their vehicles when they start to lose control.

Electronic stability control works by monitoring steering wheel angle and vehicle rotation. When the ESC notices that the vehicle is not going in the direction that a driver is steering, it applies brakes to individual wheels to help drivers regain control.

If you or a loved one has been involved in a rollover accident, it’s a good idea to contact an experienced rollover accident attorney as soon as possible. A rollover accident attorney can help you determine who is at fault for your accident and help you hold the negligent party responsible for your injuries.