Answers About Accidents

Law Blog

There are some questions you may have should you find yourself in a car accident. You'll find that some of the answers to the questions you have may be provided here. 

Do you always call the police after every accident?

You want to make sure you know what the laws are in the state you are in when you have an accident. In many states, you are not required to report accidents that are minor and where there are no injuries that have happened in the accident. However, if there is any damage to your vehicle, then you may want to call the police out anyway because they can make a report that your lawyer may find useful for a case. 

How is fault determined?

In some cases, it is easy to know who is at fault. However, in many cases, defining who is at fault is something that takes investigation. For one thing, it may seem like an accident was caused by one of the drivers that were involved in the accident, but upon further investigation, it can be determined that a faulty car part was actually to blame. Or, there may have been a glitch in one of the lights that caused them both to be green at the same time. This is why it's important to have a lawyer. They will comb through all of the information and look at reports and may even have certain tests or inspections done that can get to the bottom of what really happened. 

Is the driver in the rear automatically at fault?

There is a common misconception that in a rear-end collision, the driver in the rear car is automatically at fault. This belief can be seen in many movies that depict a person slamming on their breaks, causing the car behind them to hit them so they can sue. However, in most states, the law is that the driver who was in the rear car is presumed to be the one who was at fault unless they can prove otherwise. So, in those situations like the ones in the movies, if the driver in the rear can prove the driver in front purposely caused the accident, then the rear driver would be found to not be the one who was at fault. 

Do you have to file a lawsuit right away?

People don't always know they want or need to file a lawsuit until later down the line when something happens or it gets worse. For example, someone may think they just tweaked their back a little in the accident. However, as time goes on that pain may get worse and it is determined that they permanently injured themselves. In this case, they would likely want to file a lawsuit. However, there is a time frame in which the lawsuit needs to be filed in and this is known as the statute of limitations. Once the statute of limitations is gone, so is your chance to file. The statute of limitations depends on the state the accident was in. A lawyer can help you out with all the necessary information on the statute of limitations and help you file.

For more information, contact a car accident lawyer today.


1 October 2020

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