When you’ve been in a car accident there are so many things to consider. You may have injuries or damage to your car, you may be concerned about being at fault, or you may not know what to do first. Knowing your legal rights and how to begin the claim process can be difficult. However, it’s important that you take the time to understand your rights so you can protect yourself legally. If you’re unsure what to do, contact the attorneys of Florin|Roebig. They can help you determine if filing a claim is your best option, explain your legal rights, and guide you through the entire claim-filing process.
United States Car Accident Statistics
Car accidents occur almost constantly in the United States due to the sheer number of cars, trucks, and transportation vehicles on the roads every day. The good news is that as of 2023, the overall number of fatalities from car accidents has decreased from 2022.
The following are the 2022-2023 car accident statistics for the United States:
- There was a 3.3% decrease in fatalities caused by accidents from the end of 2022 through the beginning of 2023.
- In 2022, there were 12,151 speeding-related fatalities in the United States, which is down 2.8% from 2021.
- Alcohol impairment was responsible for 13,524 deaths in 2022, down .7% from 2021.
- Between 2021 and 2022, motorcyclist fatalities in urban areas decreased by 0.8 percent, but they increased by 5.8 percent in rural areas.
- There were 24 states that saw an increase in alcohol-impaired fatalities, with South Carolina leading the way, followed closely by Colorado.
Statistics for driving fatalities have been up and down over the last decade; however, the downward trend looks hopeful.
What To Know About Car Accident Claims
A car accident claim refers to a claim that an injured victim files to seek compensation for injuries or property damage (such as damage to their vehicle) caused by the car wreck.
When a car accident victim files a claim, they are seeking to collect damages for the accident. Damages that can be collected can be monetary, such as lost wages from missing work and medical bills, or non-monetary, which includes pain and suffering that resulted from the accident.
Other names for car accident claims are personal injury claims or personal injury cases. In most cases, claims are settled out of court with help from a car accident lawyer during the negotiation process.
Unfortunately, there are rare cases where both parties cannot agree on a settlement amount, and the claim must be settled in court during a car accident lawsuit (personal injury lawsuit).
Car accident claims may seem fairly straightforward, but the following are common misconceptions regarding car accident claims:
- You do not need an attorney if you have insurance
- The at-fault driver’s insurance will cover everything
- You cannot file a claim if you only had minor injuries
- You can file a claim whenever you want
- Car accident attorneys are too expensive
- You have to accept whatever settlement offer you receive
- Lawsuits are necessary in order to get compensation for an accident
The Car Accident Claim-Filing Process
If you or a loved one has been affected by a car accident, it is important to start the claims process as soon as possible. Filing your claim quickly can help ensure that you receive the compensation you need for bills and other related matters in a timely manner.
When you are ready to start a claim, the following are the basic steps you should take:
- Collect evidence for your claim: You will need to gather the photos and videos of the accident that you took while you were at the scene.
- Review your insurance policy: Take a moment to familiarize yourself with your insurance policy, as most people are not entirely sure what their policy covers.
- Hire a Florin|Roebig accident attorney: This is an important step that should not be overlooked. Even if your case is fairly straightforward, it always benefits you to have someone who is well-versed in your state’s accident laws on your side.
- Collect the police report: This is an important piece of documentation that will help your insurance company determine who was at fault for the wreck and how much compensation is acceptable for the accident.
- Contact your insurance agent: Once you have collected what you need, contact your insurance agent. They will be able to begin your claim and send you the necessary paperwork.
Once you have officially filed your claim, an insurance adjuster will most likely be sent to investigate the accident in person and report back to your insurance company. Your insurance company will take the adjuster’s information into account when deciding compensation amounts.
It is important to keep in mind that government forms and documentation must be accurate and without mistake. It helps to hire the Florin|Roebig legal team, the best car accident lawyers in Florida, to review your paperwork and make sure everything is correct on your behalf.
State Laws For Car Accident Cases
Many different state laws can affect your car accident case, and it can be difficult to know and understand all of the laws regarding car accidents in your state. Seeking the guidance of a Florin|Roebig attorney can provide peace of mind and a solid foundation for your case.
There are many different laws surrounding how car accidents are managed and handled. Two of the most important laws you need to consider are the statute of limitations for car accident claims and the laws related to determining fault in a car accident.
The statute of limitations refers to the length of time you have to bring your claim against the at-fault party. In some states, this is as little as two years, while in others, the time limit is much longer. A Florin|Roebig auto accident lawyer can explain your statute and help you file before it expires.
Your state’s laws on car accident fault will also likely affect your claim. If you live in a no-fault state, for example, you cannot file a claim against the at-fault driver unless your damages from the accident exceed your insurance policy limits.
Fault In Car Accidents
One of the first considerations that may affect your car accident case is who is at fault for the accident. Fault may be determined based on many factors, but generally, the party at fault for an accident is the party who was negligent.
When a motorist generally does something that results in an accident — this concept is legally known as negligence.
Unfortunately, finding fault in car accidents is not always as straightforward as it should be, and many factors may affect who is considered the at-fault party.
The courts will take all of these factors into account when determining fault or who can be held liable (legally responsible) for the accident.
Some factors that affect fault in car accidents include:
- Whether or not the driver who caused the accident was negligent
- If the driver was under the influence of drugs or alcohol
- What the road conditions were like
- If the weather was poor
- Whether the car malfunctioned due to a manufacturing error
If a driver fails to yield to oncoming traffic when attempting to make a left turn, for instance, the driver may be considered at fault due to their inability to obey traffic laws.
However, if a pedestrian fails to cross at a crosswalk and causes an accident, they could be liable.
Liability In Car Accident Cases
It can be difficult to decide liability when there are so many factors that can contribute to car accidents. Someone may be at fault for your accident, but that does not always make the party liable or legally responsible for paying you damages.
This means that they may have caused the accident due to unavoidable circumstances. For instance, if a car had faulty brakes due to a manufacturing error that stopped it from braking properly, the driver would be at fault but likely not liable for the accident.
The company responsible for creating the brakes may be considered strictly liable for the accident. This means that the company that created the brakes is legally held to a strict standard because the safety of the public relies on their brakes working correctly.
Similarly, if a road maintenance crew leaves obstructions in the roadway without a warning sign, this could also cause an accident. The driver would also be at fault in this case, but the construction company or city/county is liable.
In circumstances like these, courts consider multiple factors when determining fault and liability in car accident cases.
The car accident attorneys at Florin|Roebig can help ensure that the responsible parties are held accountable for your injuries and help you secure the compensation you deserve.
Consideration Of Negligence and Degree Of Fault
Negligence is one of the many different legal terms that can be confusing for those who have not studied law. In personal injury claims, negligence refers to any behavior or action that directly led to injury, property damage, or other related consequences.
Texting while driving, for instance, is one example of negligence if it directly results in an auto accident.
“Texting and driving has become a serious concern and one of the leading forms of negligence on American roads,”
explains Chad K. Florin, one of the leading attorneys of Florin|Roebig.
Laws on negligence directly affect your settlement amount and whether you are eligible to file a claim. In some states, the amount of negligence you are found to be will be subtracted from the compensation you are granted.
The most common types of negligence in personal injury claims filed by car accident victims include:
- Gross negligence: This type of negligence refers to serious disregard for the safety of others or for traffic laws, which then results in an accident. Gross negligence usually must have taken place in order to file a claim for car accident injuries.
- Comparative negligence: This is the type of negligence system that most states are using. It considers a party’s level of blame for the accident in comparison to the blame of others involved in the accident. Each party is assigned a percentage of fault, and damages awarded are adjusted accordingly.
- Contributory negligence: In a contributory negligence system, you can’t file a car accident claim to seek compensation if you are found to be even 1% at fault for the accident.
For many people, fault in car accidents may seem like a clear concept, but this is not always the case. In fact, very rarely are car accidents the fault of just one party.
Courts often assign varying degrees or percentages of fault based on a variety of different factors. Whether you can still recover compensation for your accident injuries depends on the fault laws in your state.
Here is what’s important to understand about fault in car accidents:
- You can still recover damages in no-fault states. Contrary to popular belief, if you received extensive injuries in a car accident in a no-fault state, you may still be able to receive compensation for your injuries if your injuries exceed your personal injury protection (PIP) policy. You will most likely need to file a personal injury lawsuit in order to get this compensation, and the attorneys of Florin|Roebig can help you with this.
- Your level of fault may reduce your settlement. If you live in a state that uses a comparative fault system, you’ll be able to file a claim against the negligent party, but your percentage of fault will reduce your amount of compensation. So, if you are assigned a 20% fault, you will receive a settlement amount of less than 20%.
- Fault may bar you from claiming damages in some states. If you live in a contributory negligence state, you won’t be able to file a claim if you are found to be at fault in any way.
If you have any questions about fault and negligence, contact the lawyers of Florin|Roebig today. Our team of civil and trial lawyers is available to answer any questions you may have about the legal process or the claims process. We are here to help.
Ways The Accident Can Impact Your Life
Car accidents can have far-reaching effects that extend beyond the immediate aftermath of a serious incident. In some accidents, serious injuries can cause alarming medical expenses.
Additional ways an accident can impact your life include:
- Job loss
- Lost income potential
- Loss of transportation
- Loss of independence (i.e., due to permanent injury requiring ongoing assisted care)
- Pain and suffering costs
- Post-traumatic stress disorder (PTSD)
- Loss of companionship (e.g., as a surviving spouse)
- Modifications to your living space or transportation methods to accommodate severe or permanent injuries (e.g., widening hallways, ramp installation)
It is important that a car accident settlement reflects the ways the car accident has impacted your life and compensates for all losses.
The experienced attorneys of Florin|Roebig law firm have won millions in case awards for clients due to car accident injuries, helping them to rebuild their lives after the accidents.
What To Do After A Car Accident
If you or a loved one have been involved in a car accident, you may be overwhelmed and in shock. Knowing which steps to take after getting into an accident can offer crucial guidance for gathering evidence to support your claim. If you’ve been injured in a car accident, follow these steps:
1. Seek Medical Care
The most important thing you can do for yourself and any passengers in your vehicle after an accident is to make sure you are all safe. Check over yourself and others involved in the accident for injuries.
If you or anyone else has been injured, call 9-1-1 right away. Even minor injuries should be properly assessed by a medical professional to prevent more severe consequences and ensure appropriate medical treatment.
Keep any medical records and bills; they can be very helpful for your future personal injury claim.
2. Collect Contact Information
Collecting the contact information of all other motorists involved in the accident is very important to your insurance claim and your personal injury claim.
Information to gather includes:
- Names
- Phone numbers
- License plate numbers
- Driver’s insurance information
- Driver’s license numbers
If any of the drivers involved are uninsured, you will need to record this information as well.
These details will be important later on as you seek compensation for any resulting damages. It is important to provide other drivers with your own insurance policy and contact information as well.
3. Call The Police
When you report an accident to the police, you ensure you get a police report that you can use later as official documentation of the incident and your recorded statement. Accident reports can serve as useful evidence to support your claim.
Having a police officer on-scene may also be helpful as a mediating party between yourself and other motorists who are experiencing significant distress.
4. Get Photos Or Videos
You need to record the accident scene as soon as you are in a safe location and away from any dangerous traffic or debris. It is important that you include the time and the location of the accident in the video.
If you have a working phone, take photos of your injuries, car damage, vehicle positioning, and the license plates of all other vehicles.
All of the details of the scene of the accident can be helpful in supporting your claim because they can help you report the extent of your injuries and other damages.
5. Report The Accident To Your Insurance Company
After you have received medical attention and finished reporting the accident to the police, you will need to contact your insurance company to report the accident.
Attorney Chad K. Florin of Florin|Roebig cautions, “Be aware that insurance adjusters are responsible for minimizing claim payouts and will always try to offer you the least amount of compensation possible. It is in your best interest to seek the legal advice of a car accident attorney.”
It is important to contact an auto accident attorney with years of experience who can advise you on what to say. Florin|Roebig’s attorneys are always available for a free case consultation.
6. Contact A Florin|Roebig Car Accident Lawyer
One of the most important decisions you can make after a car accident is to contact an experienced attorney.
Attorneys can help you in more ways than you may realize, from advising you on what to say or not to say on an insurance claim to helping you file your claim, assessing all the damages, and ensuring you are filing for the maximum amount possible.