Every car accident claim needs a strong foundation of evidence to establish fault for the crash and show the extent of the damages you or your loved one suffered.
Even though you may be the innocent victim of someone else’s negligence, when it comes to your day in court, YOU have the burden of proving who’s at fault and what your damages are. The at-fault driver or owner of the car does not have a duty to preserve evidence for you to present your case.
Physical evidence from the accident comes in many forms. First is pictures and video, which have become increasingly easier to gather thanks to camera phones. You or someone at the scene should take photos of the area, any damaged property, the vehicles involved, and your injuries. Also see if there are any nearby buildings with outside surveillance cameras that may have captured the crash.
So…what do you do? If you or a loved one is injured due to the negligence of another, you need to make sure you get an attorney that will aggressively investigate your claim and lock in all of the evidence at the get go. That’s our “lock and load” stage. Whether it’s visiting accident scenes, junk yards, inspecting vehicles, obtaining surveillance videos or tracking down witnesses and getting their statements, we are on it. Don’t hesitate to call me immediately from the accident scene. I want to be there when you need me most. When it comes down to it, you want an attorney that’s not afraid to get “down and dirty” for you!
Listen to any morning traffic report or talk to any friend and you know — car accidents happen all the time. And everyone’s got their own story. So how do you separate fact from fiction?
Here are five of the most persistent car accident myths compiled by Christopher Coble, and why they’re they are just plain wrong.
If You’re Not Hurt Right Away, You Can’t Sue for Injuries Later.
Some injuries, especially those like whiplash, can take weeks or months to develop noticeable symptoms. As long as you’re within your state’s statute of limitations, you can file an injury claim. Even if you don’t feel hurt, you should probably seek medical attention immediately, just to be safe.
The Other Driver and I Can Work It Out.
One of the biggest mistakes after a car accident is admitting fault. And this can happen easily, even by mistake, if you’re negotiating on your own with the other driver. While a minor fender bender may only require the exchange of insurance information, anything more serious may require legal assistance.
The Police Will Determine Whose Fault It Was.
If your car accident involves significant damage or any injury, you should call the police so they can write an accident report. And while this report may come in handy in court later, the police don’t ultimately decide blame for an accident. It’s possible that insurance companies, lawyers, and the courts could battle over liability, so you should supplement any police report with your own notes, pictures, evidence, and recollections.
Your Insurance Company Will Handle Everything.
While insurance is a great, and a legally required thing to have, your policy may not cover everything, and the company may not be eager to pay out what is covered. You should review any offer your insurance company makes and be especially wary of talking to the other driver’s insurance company or attorneys.
I Don’t Need an Attorney to File My Injury Claim.
It’s possible a minor accident won’t necessitate the advice of an attorney, but if there’s any dispute regarding who was at fault, the damages, or enforcing payment, you might want a good lawyer on your side. This is true even if you’re planning on settling your claim out of court.
A black box. Also known as event data recorder it is traditionally associated with airplane accidents because it helps the investigators to determine what went wrong. But the technology is no longer limited to aircrafts. In fact, you most likely have a black box beneath your seat or behind the dashboard in your car. Almost all new cars are already equipped with one of these small devices and if you drive a car that is not older from 5 years, you most likely have one yourself. If you are not sure whether your car is equipped with a car black box or not, you can check the owner manual. The data from the car black box is a reliable record of the driver’s actions few seconds before the accident and is an important piece of evidence when there are no witnesses of the accident or/and the drivers are blaming each other for causing the collision. It records various data depending from one car to another, most often the speed, turning, braking, accelerating, decelerating, etc. about five seconds before the collision. However, those five seconds are usually enough to get the necessary information about the events that led to the accident. Even more, the data from the car black box has been also used as evidence in the courts and had a major influence on the outcome of the trial.
It is vitally important to contact an experienced Personal Injury Attorney as soon as possible after your accident in order to preserve as much evidence as possible.
According to the National Highway Traffic Safety Administration (NHTSA), more than three million people are injured each year in vehicle accidents across the country. The different injuries resulting from a car accident can be as varied as the individual circumstances of each collision, but there are some types of injuries that are more common than others.
Some car accident injuries may resolve within a matter of days without any medical treatment at all. More serious injuries might become permanent and result in some level of physical disability.
According to NOLO.com, the type and severity of injuries suffered by drivers and passengers involved in a car accident depend on factors that include:
Was the person wearing a seat belt?
Did the person’s car get hit from the rear, side or front?
Was the occupant facing straight ahead in the seat? Or was the person’s head or body turned in a certain direction?
Was it a low-speed collision or a high-speed crash?
Did the car have airbags?
There are two broad categories of injuries caused by car accidents: (1) impact injuries, and (2) penetrating injuries. Impact injuries are typically caused when part of the person’s body hits some part of the interior of the car. Often this can be a knee hitting a dashboard or the head hitting the seat rest or the side window. Penetrating injuries are typically cuts and scrapes. Shattering glass or loose objects flying inside the car on impact often cause these types of injuries.
Soft Tissue Injuries and Car Accidents
A soft tissue injury is damage to the body’s connective tissue, which means muscles, ligaments and tendons. This is the most common type of injury resulting from a car accident. Soft tissue injuries can take many forms.
A “whiplash” type injury to the neck and upper back is a form of soft tissue injury. In that type of injury, the muscles and ligaments are stretched due to sudden movements imposed on the head and neck in the collision. These same mechanisms and forces can cause soft tissue injuries in other areas of the body such as the back. Car accidents often cause mid-back and low-back muscle sprains, and sometimes cause more serious back injuries because of the impact force against the spine.
Scrapes and Cuts
In a car collision, any loose objects inside the car immediately become projectiles thrown about the car’s interior. This includes cell phones, coffee mugs, eyeglasses, purses, books, dash-mounted GPS systems, etc. If any of these items hit your body, they can easily cut your skin or cause other injury.
Sometimes these scrapes and cuts are relatively minor and require no medical treatment. More serious injuries can result in loss of blood, and may require stitches.
Cuts or scrapes can also result if your airbag deploys in the collision.
Head Injuries and Car Accidents
Head injuries can take a number of forms, some relatively minor and others quite severe. A car’s unexpected stop or change in direction often causes the heads of the car occupants to experience sudden and unnatural movements. This can cause muscle strains in the neck and back (as discussed above). But the head itself can also be injured. Impact with a side window or steering wheel can cause scrapes and bruising to the head, or even deeper lacerations. More severe collision impacts can cause a closed head injury. In that situation, the fluid and tissue inside the skull are damaged because of the sudden movement or impact of the head. Less severe closed head injuries often result in concussions, while the most severe impacts can cause brain damage.
Chest injuries are also a common result of a car accident. These injuries typically take the form of contusions or bruises, but can be more severe, such as broken ribs or internal injuries. Drivers often experience chest injuries because of their position behind the steering wheel, which allows very little freedom of movement before the chest collides with the steering wheel. If a person’s body is thrown forward in a collision, even though it might not impact the steering wheel or dashboard, the chest area will still experience a high level of force against the shoulder harness or seat belt, which can cause severe bruising.
Arm and Leg Injuries
The same forces that unexpectedly throw a person’s head about in car collisions act similarly on arms and legs. If your car suffers a side impact, your arms and legs might be thrown hard against the door. While positioned as a passenger in a car, your legs typically have very little room for movement. Car accidents often cause an occupant’s knees to hit the dashboard or seats in front of them. Depending on the nature of the collision, injuries to your arms and legs might be mere bruises or scrapes, but sprains and even breaks can occur.
Keep in mind that some injuries are not readily apparent following a car accident. Depending on the nature of the injury, it may take days, weeks, or even months for symptoms to appear. So, if you are in a car accident, it is best to seek medical treatment for even the slightest discomfort or early indication of injury.
Since we don’t look like “Graham” (at least I hope you don’t!), drive safely out there friends!