AutomotiveHere’s How to Win a Car Accident Lawsuit

Here’s How to Win a Car Accident Lawsuit

Driving makes travel easier but comes with the risk of an accident, especially if you are old.

A study by MIT researchers indicates that it takes younger drivers between the ages of 20 to 25 years about 220 milliseconds to detect a hazard on the road and 388 milliseconds to react.

Adult drivers above 55 years old will need about 403 milliseconds to detect the hazard and 605 milliseconds to choose how to respond to the situation.

This discovery is only valid for a hazard detected after a few seconds of distracted driving, one of the most dangerous behaviors on the road today. It kills nine people daily in the United States.

Other causes of car accidents include overspeeding, driving under the influence, and reckless driving.

Often, an affected driver in a road accident has no blame but is a victim of another driver’s reckless driving.

Should you sue after a car accident?

First, you must understand that filing a car accident lawsuit can be a lengthy process. You must also be able to convince the judge or jury that the other driver is at fault.

It is unnecessary to sue for a car accident that does not result in an injury or damage to your car. 

If the other driver’s negligence resulted in the crash that got your injured or damaged your car, the driver’s insurance company may be liable to pay for the damages.

According to The Barnes Firm Injury Attorneys, a firm with an experienced car accident lawyer in NYC, the driver responsible for the car accident may deny being at fault; likewise, the insurance company might also try to downplay the damage to offer you a lower compensation. If this happens, consider filing a lawsuit to get your deserved compensation.


Steps to file and win a car accident lawsuit

Ensure your safety

Seek medical attention if you need any after the accident. If you are too weak to get help, call an ambulance or ask anyone to do that for you.

For drivers traveling with passengers, check everyone’s status. Verbally confirm if they are okay.

For accidents that only result in slight injury, examine your car to see if it is driveable. Move it off the road. Also, do not try to clear any broken glasses or direct traffic. Focus on your safety; the police will handle that when they arrive.

Call the police

It is important to call the police. They will examine the scene and interview witnesses to prepare an accident report. They may also issue a citation if a driver is discovered to have violated a traffic law.If the accident happens in KY, you can access the Kentucky crash reports online after they’ve been filed.

These reports will help the insurance company or court to decide which driver is at fault for the accident.

Document the scene

While the police are on their way, take pictures and videos of the accident scene. Get photos of the injuries sustained and damages to your car.

If there are witnesses around, get their contact. Their testimony might be useful in court.

Do not admit fault or write any statement. Exchange insurance information with the other driver.If you’re clearly not at fault, you can solicit the help of to guide you through the claims process.

When you get home, write down an account of the auto crash. It should be as detailed as possible. It will help you to remember any details about the accident you may forget.

Keep a record of all expenses

Keep a record of medical bills, the cost of towing the vehicle, and any other expenses.

All of these expenses should have a receipt you can tender in court. 

It is usually recommended that you do not fix the car before filing a claim. The negligent driver’s insurance company will want to inspect the damage to your car before approving the claim.

Get a lawyer

Getting compensation to fix your damaged car and cover the cost of treatment is not always easy as it seems.

For one, the driver responsible for the accident may deny being at fault. The insurance company may also be reluctant to approve the claim or pay lesser than what you ought to get.

A car accident lawyer will help you get the compensation you deserve. Most of them work on a contingency basis, which means you do not need to pay until they win a settlement for the case.

Statute of limitations

There is a maximum time frame within which the law permits you to file a lawsuit against a driver you believe is responsible for an accident that caused injury and damage to your car.

It varies from one state to another.

One year

  • Louisiana
  • Tennessee

Two years

  • Alabama
  • Alaska
  • Arizona
  • California
  • Connecticut
  • Delaware
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Nevada
  • New Jersey
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Texas
  • Virginia
  • West Virginia

Three years

  • Arkansas
  • Colorado
  • Maryland
  • Massachusetts
  • Michigan
  • Mississippi
  • Montana
  • New Hampshire
  • New Mexico
  • New York
  • North Carolina
  • Rhode Island
  • South Carolina
  • South Dakota
  • Vermont
  • Washington
  • Wisconsin

Four years

  • Florida
  • Nebraska
  • Utah
  • Wyoming

Five years

  • Missouri

Six years

  • Maine
  • Minnesota
  • North Dakota


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