How to Determine If You Need a Lawyer for Your Car Accident Case

in my opinion, attorneys should only be hired in car accident cases if they can put more money in your pocket than they take out of it. To make this decision, you must evaluate the type of damage claims you will be asking the insurance company to pay.

1

Property Damage Cases

As a general rule, if you suffered no personal injuries, you should be able to settle your case with the opposing insurance adjuster for approximately the same amount of money that an attorney could obtain for you. In this type of case, you are entitled to money to repair or replace your car and for the use of a rental vehicle until your car is repaired or replaced. It does not require legal skill to obtain repair estimates for the damage to your car or to determine the fair market value of you car. For repairs, simply get quotes from reputable repair shops and compare them to the amount offered by the adjuster. If your car has been totaled, determine the fair market value of your car by consulting reference sources such as the Kelly Blue Book, NADA Used Car Guides or Edmunds. These publications provide accurate information for most makes and models of cars.

2

Minor Injury Cases

If your case involves personal injuries, a more detailed analysis is required. If the injures are minor and you fully recover from the injuries in a few days, you probably do not need an attorney. Minor injuries are ones that result in less than a $1,000.00 in medical bills. To obtain a fair settlement for your minor injury claim, educate yourself sufficiently to negotiate with the insurance adjuster. To educate yourself, go online or to the bookstore and obtain one of the many self help guides for car accident victims. These guides are excellent resources for dealing with the minor injury claims. Like the property damage only type cases, minor injury cases usually do not justify the use of an attorney. In such cases, the attorney’s fee generally results in a lower net settlement to the claimant because the value of the claim is low and can not be appreciably increased.

3

Major Injury Cases

If your case involves anything more than property damage and minor injuries, it is likely that you will benefit by hiring an attorney. Most people do not typically have the necessary negotiation skills, knowledge of the law and experience in evaluating damages to obtain a fair settlement value for major injury cases. As such, when negotiating with an insurance adjuster, non-lawyers are at a distinct disadvantage. Do not be misled by the adjuster's statements that hiring an attorney will reduce your net settlement or delay payment for your claim. The insurance industries own statistics do not support these statements. In 2004, the Insurance Resource Council completed a study that found that people who used an attorney received an average of 3½ times more money in settlement than those individuals who settled on their own. Thus, if you seek to obtain a fair settlement for your injuries, the use of an experienced personal injury lawyer is vitally required.

Looking for a Skilled Personal Injury Lawyer in your Area?

Personal injury lawsuits involve more than seeking compensation for physical injuries. They are about getting compensation for medical treatment, financial losses, emotional trauma, and extended care in cases involving catastrophic injuries with lifelong disabilities. With so much at stake, it is important to find the right personal injury lawyer to handle your case.

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Car Accident Overview & Common Causes

Car accidents are a common occurrence on US roads. The National Highway Traffic Safety Administration estimates the number of police-reported traffic accidents in 2008 at 5,811,000. And in a 2008 AAA report, motor vehicle crashes cost Americans more than $164.2 billion each year. Given these numbers, it's likely you have been or will be involved in an auto accident at some point in your life.

Motor vehicle insurance is required in all states, and although laws vary, all drivers must carry a minimum amount of liability insurance. This makes it easier for a person injured in a crash to receive compensation, but it's not a guarantee. Before paying a claim, the insurance company will investigate to determine who or what caused the accident. Fault can lie entirely with one person, or may be divided amongst several people or businesses.

For minor accidents, the insurance companies may do all the investigating. After more serious accidents, especially those causing death or severe injury, the police will most likely conduct an investigation and possibly file criminal charges, for example: manslaughter. A person who was driving while under the influence of alcohol and caused an accident which killed another person, could be brought up on manslaughter charges.

Negligent or Reckless Driving

The actions of one or more drivers are the most common cause of accidents. In order to prove that another driver was at fault, you need to show that the driver broke a specific rule or law. Often police and insurers will decide that the driver was being either negligent or reckless at the time of the accident.

Each state defines negligent driving somewhat differently, but the term generally means failing to be reasonably careful or doing something that the average person should recognize may cause harm to another. Some acts considered negligent are:

• Ignoring posted speed limits, which can include speeding or driving too slow.
• Disobeying traffic signals, including stop lights, stop signs or yield signs.
• Failing to signal, either before turning or changing lanes.
• Not taking road conditions into account: The posted speed limit could be too fast if conditions are poor, such as when visibility is reduced, traffic is heavy or the road itself is in poor shape.
• DUI/DWI: Consuming enough alcohol or drugs (including prescription medications) to impair your judgment. A blood alcohol level below the legal limit does not automatically mean you were not impaired.

The above actions may also be considered reckless driving, depending on intent or severity of the actions. States tend to define reckless driving as the willful disregard for the safety of others or an action likely to cause harm. So, going 5 mph over the speed limit on what you thought was an empty road might be looked at differently than driving 25 mph over the posted limit in a school zone.

In many states, negligent driving is just a traffic violation, but reckless driving is a criminal misdemeanor that could result in jail time.

Other Causes

Sometimes, things other than a driver's actions cause accidents. For example:

• A defect in the car
• Defective road surface
• Malfunctioning or hidden traffic signals or signs

In the above cases, the liable party would depend on who was responsible for preventing the problem. If the car wasn't properly maintained, the owner might be responsible. If a part were defective, the fault would lie with the manufacturer of that part, and possibly the car's manufacturer as well. Government transportation departments are responsible for roads and traffic signals.

If you are in an accident, stay calm, exchange insurance information and try to write down everything you can remember about the accident to help the investigation later.

Car Accident Basics

Determining liability in a car accident is often much more complicated than simply proving which driver was "at-fault." Fault can lie entirely with one person, or may be spread among several people. In addition, most auto accidents involve insurance issues. For both of these reasons, getting legal guidance is particularly important when dealing with auto accidents.

If you're not familiar with how fault is determined in the case of a car accident or even the basics of car insurance for your state, this guide will give you a good understanding of each. Plus find simple steps you can take to help prevent an auto accident from happening in the future.