Car Accident FAQs

Over the past decade, there have been new developments in car technology, which are intended to make driving a safer experience for everyone. Airbags, rearview cameras, and stability control systems are just some of the revolutionary engineering that enhanced road safety.

Yet despite all that, many people still experience the unfortunate consequences of car crashes. According to the National Safety Council, around 40,000 people die as a result of traffic accidents.

If you ever figure in a car accident, would you know what to do? Do you know how to protect your interests and rights? Want to know what needs to be done to best recover compensation for damages?

Here are frequently asked questions on car accidents.

Q. Would I still be able to obtain compensation for damages if I wasn’t wearing a seat belt during the accident?

The answer may depend on the state in which the car accident happened. In some states, failure to buckle up will not negate any right to obtain compensation for damages. However, others may reduce the liability.

Not wearing a seat belt can be seen as a contributory factor that increases the risk of more serious injuries or even death; thus, forming the basis for negating or decreasing potential legal compensation to the injured party.

Q. Should I provide my medical records to the other driver’s insurance provider or adjuster?

No. Under normal circumstances, you should never disclose your medical information to another person, especially if it is the insurance provider or adjuster of the other driver. Doing so may hurt your rights and interest in pursuing a legal action for compensation.

Always ask your attorney before pursuing this line of conduct.

Q. Do I need to go to court to pursue a personal injury claim against the erring driver?

Not necessarily. If the erring driver is willing to settle in an amount equal to or greater than what your attorney believes you are entitled as compensation, there is no need to go to court. Settlement agreements are one of the best ways to end a dispute without the cost, headaches, and lengthy process involved in usual litigation.

On the other hand, where the dispute involves unsettled matters where interests and rights are violated, it is highly advisable to go to court to seek redress.

Q. Do I need to see a doctor even if I don’t feel injured or hurt following a car accident?

Yes, you should consider getting medical attention whether or not you’re injured or not. There may be medical conditions, which are not apparent to you but may only be discovered upon extensive check-up.

Q. I believe the car accident was also partly my fault. What should I do?

You are not in the best position to determine whose fault was it. It is possible you may have contributed partly to the accident, but it is not for you to say you should accept the blame and start apologizing to the other party.

Leave the matter to the responding police officers or with the judge, should this dispute reach the court. Confessing to something that is not entirely your fault may be tweaked to your disadvantage. The other party may use it as evidence against you.

Q. I may have said things at the time of the accident, which may be in conflict with my testimony in another venue. Will this affect my right to claim compensation for damages?

Not necessarily. This is not uncommon as human memory is frail. Thus, people tend to make statements at one point, which may be in conflict with what they said at another time. To avoid this scenario, always confer with your attorney before pursuing an action, which may have legal consequences.

Q. The airbags failed to deploy upon collision. Do I have a case against the car manufacturer?

Yes. It is possible that you may have a right to compensation for a product liability.

Q. I’m having a lot of doubts and questions regarding my case. What should I do?

If you’re confused about the legal situation you’re in, don’t hesitate to get in touch with a highly experienced car accident attorney.

Want to have your case reviewed? Contact Dan Lovell of Empire Law Group.