A Car Accident Lawyer Will Protect Your Rights
- February 18, 2015
- Car Accidents
It is no secret that we are at risk of an accident every time we get into a vehicle. So, it will be helpful to know how a car accident lawsuit works and how a car accident lawyer can help.
In a two-car accident, the lawsuit will usually involve the drivers of the two vehicles and their insurance companies. Generally, the person who caused the injury will involve their insurance provider, but the other person may or may not involve their insurance company. Passengers could also sue the driver, even if they were in the car with that driver.
The Legal Process
The injured party, the plaintiff, starts the lawsuit by filing a complaint. The complaint will explain their injuries, any damages, and request that the court award them a monetary amount to compensate them for their injuries and damages. It will also set out the legal theory on which their claim is based. In most states, that means that the plaintiff must explain that the person who caused the injuries is “as fault,” or they did something wrong that caused the accident.
The Legal Theory
First, a plaintiff must show that the other driver owed the plaintiff a duty. For example, in car accident cases, every driver owes other drivers a duty to everyone else on the road to operate their vehicle in a safe and reasonable manner. The plaintiff must then show that the duty required was breached. For example, the plaintiff could show that the other driver was speeding, and therefore was operating his or her vehicle unreasonably. A breach of the duty owed to other drivers may mean that the driver was “negligent.” Lastly, the plaintiff must show that the breach of the duty actually caused the injuries that the plaintiff suffered. In our example, the plaintiff would have to show that because the other driver was speeding, he did not see the plaintiff’s car and ran into it.
How a Car Accident Lawyer Could Help
The law is complicated, even in very common cases such as car accidents. Drivers put a lot of trust in their insurance companies after an accident, but sometimes they shouldn’t. Drivers should keep in mind that insurance companies are businesses too, and they will try to cut costs just like any other business. A lawyer could help deal with the insurance company so that you get the monetary damages that you are entitled to. An experienced car accident lawyer is also very helpful because they know the law thoroughly – they deal with this type of situation on a day-to-day basis. A car accident attorney can also interview witnesses, talk to the police, and gather evidence for you. Building a case is time consuming and complicated and in most cases, require the help of an experienced law firm.
If you or somebody you know has been injured in a car wreck, we can help. Our firm wants to see you get the compensation and help you deserve, and will fight for you, even if the lawsuit requires a jury trial. If you have been injured in a car accident, having a car accident attorney on your side will make the entire process much smoother and will likely get you better results.