Being in a passenger vehicle accident can leave you with painful injuries and serious expenses. In some situations, you may also have difficulty getting the other parties involved to accept liability for the accident and pay you the compensation you are owed.
It can also be complicated when it comes to figuring out who may owe you damages for your injuries. Fortunately, you can have a free, no-obligation consultation with a legal team member to learn how a Marion passenger vehicle accident lawyer at Farmer & Morris Law, PLLC, can help you with your case. In this case review, we can discuss your case and answer your questions about liability, damages, and the legal process. Call now at (828) 286-3866 to start taking control of the situation and pursuing the compensation you need.
Your Rights After a Passenger Vehicle Accident
If you were hurt in an accident that someone else caused, you probably have a right to pursue compensation from them. A car accident is a type of personal injury claim. In turn, you must demonstrate that the other party was negligent through four key elements.
In general, every driver has a duty to operate their vehicle with reasonable care and skill. This means that the driver pays attention to the road, refrains from distracted driving activities, and follows all applicable traffic laws.
This element requires you to show that the other driver failed to drive with reasonable care and skill. There are many ways that a breach may occur. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving was one of the biggest threats to safety on the road, with 15% of injury accidents involving distracted driving in 2015. This behavior can include everything from looking at your cell phone to adjusting the radio to eating. As a passenger, if you noticed that the driver was distracted behind the wheel, it is important to share that information with your lawyer.
This element requires you to show that you probably would not have gotten hurt if the defendant had followed the standard of care. This can get tricky in a passenger vehicle accident when there is another vehicle involved in the crash. If you bring a claim against the driver of the vehicle in which you were riding, they may claim that the driver of the other vehicle involved is to blame. You may need to bring a claim against both drivers to make sure that you are paid fairly.
This final element requires you to provide evidence supporting the damages that you are seeking in the lawsuit. A passenger accident can lead to devastating and permanent injuries, like traumatic brain injuries, broken bones, concussions, disfiguring scars or burns, amputations, and paralysis.
A few common categories of damages that a plaintiff in a passenger vehicle accident will typically request include medical bills, ongoing medical care costs, lost earnings, reduced earning capacity, and pain and suffering. You can sit down with your attorney to go over the many different ways that the accident has affected your life physically, mentally, and financially.
Insurance Claims in a Passenger Vehicle Accident
On top of being able to pursue compensation from the drivers responsible for the crash, you can probably also make an insurance claim to receive policy benefits for your injuries and damages. Insurance companies do not always have the claimant’s best interests in mind, however, and often give you the run-around or deny paying your claim altogether.
In a passenger vehicle accident, there could be several different auto policies involved. Sometimes an insurance company will try to claim that the other policies are responsible for providing benefits to avoid making a payment.
Dealing with insurance companies is one of the aspects of your claim that a Marion passenger vehicle accident lawyer can help you address. At Farmer & Morris Law, PLLC, we can make sure that the insurance companies are playing by the rules and treating you fairly. Call us now at (828) 286-3866 to learn more.
How a Lawyer Can Help with Your Claim
Your lawyer can go through the facts of the accident with you and help you identify every possible party who may owe you compensation. This may include the driver of the vehicle in which you are riding as well as the driver of the other vehicle involved in the crash. If the accident involved a poorly designed roadway, road hazard, or some other factor, you may have an additional claim against a private or public entity.
Your lawyer can also conduct a thorough investigation on your behalf. Many injury victims do not know where to start or what kind of evidence is helpful. Your lawyer will pursue many types of evidence, including the following:
- Video surveillance or other camera footage of the crash
- Photographs of the scene, the vehicles involved, and your injuries
- Eyewitness testimony and statements
- Consultations with expert witnesses
- Police reports and other official accident-related documents
- Medical bills and reports detailing your injuries
Your lawyer will handle many key aspects of your claim, including responding to emails and phone calls, organizing key documents, scheduling important hearings with the court, defending you in depositions, and preparing for trial if that is necessary.
At Farmer & Morris Law, PLLC, we know how overwhelming an accident can be for a passenger. We can provide a free consultation so that you can learn more about our services and whether a Marion passenger vehicle accident lawyer can assist you. You only have three years to bring your lawsuit, according to North Carolina General Statutes (GS) §1-52, so it is important not to wait to take action. Call us now at (828) 286-3866.