When assessing your legal rights, your lawyer will also determine if you have a claim against one or more third parties. Now, what if you rear-ended another car? Should you hire a lawyer in this situation as well? Although many people assume that the person at the back of a rear-end accident is always at fault, this may not be the case. The actions of both drivers may have contributed to the accident, and you may be entitled to compensation through a no-fault claim if you suffer a serious injury.
Examples of negligence may include:. In New York, you can recover compensation even if you are found to be partly responsible for your injuries. After a car accident, it is always worth consulting a lawyer. Another reason to hire an attorney after a rear-end crash is if you suspect you have a third-party claim as discussed above.
Issues with the road surface can give rise to third party claims as well. Liability is a tricky measure to understand, as the rules regarding it will vary from state to state. Insurance companies can make it simpler or more difficult for a car accident lawyer to determine liability, as the question of fault does contribute to the question of liability. However, a car accident lawyer can also address the scene at which an accident took place and use the evidence there to divide percentages of responsibility between the parties who were at the scene.
Evidence that can help you establish liability and, later, what compensation to which you may be entitled, can include:.
Note that if you have not suffered from a severe injury as a result of the accident, you may want to try and gather as much information at the scene, even if you are not sure whether or not you want to pursue legal action. As you build your complaint against a liable party, you will need to establish what compensation you believe you are owed and present those calculations.
Your avenues for compensation after a rear-end collision may include:. Note that there may be details unique to your case that may open it up to punitive charges. These charges, which can be applied only by a court of law, are meant to discourage the kind of behavior that results in rear-end accidents and can net you compensation not mentioned in the aforementioned avenues. The good news is that you do not always have to go to court to pursue potential compensation.
After a rear-end collision, one of the parties involved at the scene may choose to reach out to you with an offer. You may not want to accept these types of settlements initially, however. Instead, you can leave the scene and go over an offered settlement with a car accident lawyer. If you accept the initial offer, you could be signing away your legal rights and lose any chance of seeking more money for your damages. The insurance company may also look for additional ways to use information against you.
You will want to make sure your rights are as protected as possible—and the best way to do that is by contacting an experienced rear-end collision accident lawyer. A lawyer can research your case and let you know what an actual fair settlement offer will look like.
Your first course of action after a rear-end accident should be filing a personal injury claim for compensation. In most rear-end accidents, the driver at the back of the crash is at fault.
If the insurance company refuses to negotiate for a fair settlement, your next step may be filing a lawsuit after your rear-end collision for the compensation you deserve. You have every right to do this, and your car accident lawyer can help with each step of the process.
If you plan to sue for the rear-end accident, you and your lawyer will need to take action immediately in the following ways. You will need to be able to demonstrate that the other driver was negligent, their actions caused your accident, and your damages were a direct result of their behavior.
The main piece of evidence will be the police report from the accident. You will need to show exactly how the accident has impacted your life. Keep clear and detailed records of any and all expenses you face from the crash, including:. Some of these damages can be proven through bills, receipts, and pay stubs. Others will be harder to demonstrate, but a car accident lawyer can help. Once you have compiled the evidence you need for your case, file a formal complaint to explain what happened, how you were physically hurt, and what you are requesting as compensation.
Once the complaint is filed, the legal process of suing for your collision begins.
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