A car accident is not fun to deal with, regardless of the severity. If you sustain injuries, particularly when you know the wreck was not your fault, it can be even harder to deal with. If you are in the aftermath of a car accident right now, you are probably wondering what you are supposed to do next and how you are going to cover all your expenses. Fortunately, the law states that if you were involved in a car accident that was caused by another party, you should not have to shoulder the burden of the damages they caused.
If you were injured in a car accident that was caused by someone else, start building your case for compensation today by scheduling a free consultation with a nationwide car accident lawyer at Local Accident Reports.
United States Car Accident Statistics
In one recent year, there were 39,508 fatal car accidents nationwide. This translates to 12.9 fatalities for every 100,000 people and 1.37 fatalities for every 100 million miles traveled. The death rate per 100,000 people varied widely from 26.2 in Mississippi to 5.7 in Rhode Island. The fatality rate for every 100 million miles traveled varied from 2.08 in South Carolina to 0.71 in Massachusetts.
In that same year, the types of fatal car accidents were as varied as the death rates. For instance, Wyoming had the largest fatality rate (47%) in accidents involving pick-up truck and SUV occupants, and a comparatively small fatality rate (18%) involving vehicle occupants. By contrast, Rhode Island had the largest fatality rate (49%) involving vehicle occupants and a much smaller rate (14%) of fatalities involving pick-up truck and SUV occupants. Hawaii reported fairly low fatality rates for both pick-up trucks and SUVs (18%) and cars (14%) but an extremely high pedestrian fatality rate (27%) and motorcycle fatality rate (35%). (The District of Columbia had the highest bicycle fatality rate (7%) as well as the highest pedestrian fatality rate (44%).
Common Causes of Car Accidents in the United States
Most drivers are well aware of driving laws and general safety precautions when traveling. Despite this, driver negligence and driver error are the leading causes of motor vehicle accidents in the United States.
A few of the most common forms of driver negligence that lead to serious traffic accidents are:
- Speeding
- Driving under the influence
- Distracted driving
- Failing to use safety devices such as helmets and seat belts
- Unsafe lane changes
- Fatigued driving
- Failing to adjust driving for inclement weather
- Ailing to adjust driving for traffic conditions
- Defective vehicles and vehicle parts
What Steps Should I Take After a Car Accident That Wasn’t My Fault?
Regardless of the circumstances under which it occurred, there are certain steps you should always take following a car accident. Even if you were not at fault, you will still need to be mindful of how your behavior can affect your ability to seek compensation, especially when making a third-party claim with the other driver’s insurance company. If you are involved in a car accident, even a seemingly minor one, there are a few steps you should take to protect yourself.
Get to a Safe Location and Check for Injuries
If you can safely do so, check yourself and anyone else in your car for obvious injuries. If anyone has injuries that appear serious or life-threatening, call 911 to request immediate medical attention.
If possible, get everyone out of the way of traffic so a secondary accident does not occur. If your vehicle is operable and blocking the flow of traffic, move to the side of the road. If you are not able to do so, leave your vehicle where it is. Use your best judgment to determine the appropriate course of action in this moment.
Call the Police as Soon as Possible
The laws surrounding when and how a car accident must be reported are different depending on where your accident took place. Keep in mind that fleeing the scene is against the law, no matter where you are. In all states, you are required to notify the police right away if the accident results in injuries or death, and in many states, property damage.
You may also have to report the auto accident if your insurance carrier requires it. As you can see, this leaves practically no instances when you would not need to report a car accident. Call 911 and tell dispatch what happened. Request police to the scene as well as paramedics if anyone was injured. If another driver involved in the crash flees the scene, that is considered a hit-and-run, which still needs to be reported.
Write Down Information While You Wait for the Police
When police respond to the scene, they will ask you and the other drivers for certain information to include in the police report, which you should get a copy of as soon as possible, especially if you were injured in the accident. There is some information you can and should collect yourself at the scene, such as:
- Name, address, and phone number of everyone involved
- The insurance company name and policy number of everyone involved
- Videos or photos of the scene, any visible injuries, and damage to the vehicles
- Contact details of any bystanders
The driver who caused the accident is responsible for reporting it to their insurer. However, not everybody does as they should. Writing down this information will allow you to file a claim with the at-fault driver’s insurance company whether they report it or not.
Tell Your Insurance Company
Depending on what state you’re in, if you did not cause or contribute to the accident, the at-fault driver’s auto insurance carrier will be liable for your injuries and damages, and you have the right to make sure they fairly compensate you for your losses. Unfortunately, getting that compensation is rarely a straightforward process. This is because insurance carriers are for-profit businesses, and their goal is to increase their profit margins. Due to this, you will almost certainly get pushback from the negligent driver’s insurance company, particularly if they know you are not represented by an attorney. They might:
- Offer you a settlement that does not cover all of your damages
- Claim you caused or contributed to the accident, thereby decreasing their insured’s liability
- Deny your claim unfairly
To help protect yourself, be sure to inform your own insurance company of the accident. They will be on your side because it is in their best interest to avoid paying the claim if the accident was not your fault. If you are worried that you will say or do the wrong thing and end up hurting your case, please speak with an experienced nationwide car accident lawyer right away. Once retained, your attorney can handle all communication with insurance companies for you, helping to ensure you get the best possible outcome for your case.
Seek Immediate Medical Treatment
After you have been cleared to leave the accident scene, you should go to the emergency room or see a doctor as soon as possible, even if you think you are unharmed. Many car accident injuries, like whiplash, are referred to as “invisible injuries” because their symptoms can take several days or even a week to manifest. You may not notice these types of injuries immediately due to the pain-masking properties of adrenaline, but being thoroughly examined by a doctor will ensure you receive proactive treatment.
A physical examination will also show the insurer that your injuries are significant enough to require medical attention and that they were definitively caused by the accident. The more clear and compelling evidence you can present, the more likely they are to play ball.
Reach Out to a Car Accident Lawyer
In a perfect world, the at-fault driver’s insurance carrier would admit that their policyholder caused the accident, apologize profusely, and cover every single penny of your accident-related damages. Unfortunately, what is much more likely to happen is that you will receive a settlement offer so low it borders on absurd. You will need a competent attorney to represent you in order to get the money to which you are legally entitled. This is where a qualified auto accident attorney is invaluable.
An experienced lawyer can skillfully negotiate with the insurance carrier for a fair settlement. The majority of car accident cases in which attorneys are involved are settled fairly without ever going to trial. In some instances, however, the insurance company might continue to deny you the settlement you deserve, If this is the case, your attorney can represent you in court to secure a fair verdict or jury award.
Either way, your car accident attorney can improve the results of your case. They will know the most effective methods of communicating with the insurance adjuster on your behalf and fighting at a civil trial when necessary for full and fair financial compensation.
Be Cautious Around the Insurance Adjuster
Be very, very careful what you do and say after a car accident. Once the crash is reported, the at-fault driver’s insurance carrier will start an investigation. They will likely look at your social media, and it won’t be long before they attempt to contact you.
It is crucial to the success of your car accident case that you do not admit any fault up to and including apologizing for the crash. Never give the insurance company any recorded or written statements. They are highly adept at twisting words and taking things out of context to use against you later on. This is one of the reasons it is so important to contact a qualified car accident lawyer right away. That way, when the insurance company contacts you, you can simply refer them to your attorney and avoid saying anything that may jeopardize your case.
At-Fault States v. No-Fault States
Most car accidents result in some degree of injury to those involved. Fortunately, the law makes it possible for injured victims to pursue financial compensation. One of the factors that impact the way your claim is filed is whether your collision took place in a fault state or a no-fault state.
No-Fault Insurance States
If your vehicle was damaged in the accident, you can either pay for the repair costs out of your own pocket, or you can file a damage claim with your insurance company. In a no-fault state, the other driver’s insurer can still cover your damages, but their insurance will only pay out compensation for catastrophic bodily injuries.
At-Fault Insurance States
Also known as tort states, at-fault states hold the driver who caused the car accident liable for any injuries and damages sustained by the other party. The at-fault driver may either pay the aggrieved party out of their own pocket, or they may file an insurance claim.
For example, let’s say you cause an accident and you use your insurance policy to cover the damages. In that case, the damage to the other vehicle would be covered by your property damage liability, and their medical bills would be covered under your bodily injury liability coverage.
Your auto insurance policy might cover property damage, your injuries, and the injuries of any passengers, depending on the limits of your auto insurance policy. These insurance companies will only pay out up to your policy amount. Anything beyond that is going to be your responsibility.
Recoverable Damages
Being injured in a motor vehicle accident is an upsetting experience that can impact your life for years to come, especially if your injuries are serious.
Following a car accident, you are entitled to pursue compensatory and, in some cases and states, even punitive damages in certain cases from the at-fault driver’s insurance company.
Compensatory damages are intended to compensate you for your current and future medical bills, lost wages, and more. They are split into two categories: economic damages and non-economic damages.
- Economic damages: Economic damages include hospital bills, lost earnings, and property damage, among others.
- Non-economic damages: These include subjective damages types such as loss of fellowship, pain and suffering, mental anguish, decreased quality of life, disfigurement, and permanent disability.
In certain cases, the court has the option of awarding the plaintiff punitive damages. These damages do not compensate the victim for anything; rather, they are intended to penalize the defendant for their actions. Punitive damages are not available in every accident or in every state and, even when possible, are only awarded in cases of willful and wanton misconduct.
Schedule a Free Consultation Today
If you were injured in a car accident through no fault of your own, you probably have a lot of questions. At Local Accident Reports, we understand what you are going through. That is why we offer a free, no-obligation consultation to review your case and discuss your legal options. Call us to schedule your free consultation with one of our experienced nationwide car accident lawyers today.
