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5 FAQs People Have About Car Accident Lawsuits

5 FAQs People Have About Car Accident Lawsuits

by Cherie McCord

Getting into a car accident, you didn’t cause leaves you full of questions. Should I sue? What’s the process? How do I navigate this? Take a breath. Getting a car accident lawyer can ease some stress. These legal pros handle the paperwork, negotiations, and insurance fights so you can just focus on feeling better. With an attorney’s expertise guiding you, the confusing legal landscape after an auto accident doesn’t seem so scary. Car accident lawyers have walked this road many times and know how to get you the compensation you deserve.

Here are answers to 5 frequently asked questions about car accident lawsuits.

Table of Contents

  • 1. Will I Have to Go to Court?
  • 2. What if I Was Rear-Ended?
  • 3. How Do I Know Who Was at Fault?
  • 4. What if I Was Partially at Fault?
  • 5. What if I Wasn’t Wearing a Seat Belt?
  • Conclusion

1. Will I Have to Go to Court?

The majority of car accident claims settle out of court through insurance negotiations. However, if negotiations reach an impasse, your car accident lawyer may need to file a lawsuit to fight for full compensation. There’s no guarantee a settlement will be reached before trial. An attorney experienced in litigation can build the strongest case and take it to court if needed.

2. What if I Was Rear-Ended?

In a rear-end collision, the driver who hit you from behind is typically at fault. The fact that you were stopped and hit from behind proves the other driver was following too closely or not paying proper attention. However, circumstances do matter, and insurance companies may try to shift the blame. An auto accident attorney can prove fault rests solely with the rear-ending driver.

3. How Do I Know Who Was at Fault?

Accident fault or liability is determined by investigating factors like road conditions, vehicle damage, eyewitness accounts, video footage, and police reports. An experienced car accident lawyer has the resources and know-how to gather all relevant evidence and build a solid case for liability against the negligent driver. They can demonstrate convincingly that the other party’s actions directly caused the collision.

4. What if I Was Partially at Fault?

Most states follow comparative negligence rules, meaning you can recover some compensation even if you are partially at fault. For instance, if you were deemed 20% at fault, your settlement amount would be reduced by that percentage. Working with an attorney to minimize finding of fault against you is critical by presenting evidence that strongly proves the other driver’s primary negligence.

5. What if I Wasn’t Wearing a Seat Belt?

Not wearing a seat belt can reduce injury claim compensation in some states. However, it doesn’t automatically make you responsible for the accident. Your attorney’s role is to prove the defendant’s actions directly caused the crash. Arguments that not wearing a seatbelt contributed to injuries or damages may be made, but working with an experienced lawyer helps limit the impact of this defense tactic.

Conclusion

Navigating the legal wreckage alone can be overwhelming. But you don’t have to go solo. A car accident lawyer can help make things clear again. They’ll answer your questions, handle the insurance suits, and fight to get you every penny you deserve. With their expertise steering you through the confusing legal system, you can start putting this crash behind you.

Filed Under: Law

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