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Special issues arise out of auto accident litigations that often make matters more difficult and complicated. In some cases, potential third parties could come up in a case to account for the injuries incurred by the accident victims. Other times, liability in an accident may fall on the manufacturer for defects found in a vehicle.
With all these things in mind, several issues must also be taken into consideration with the assistance of a professional auto accident lawyer in order to litigate a case thoroughly.
Here are several accident situations that may arise out of an ordinary auto accident case and which could affect the litigation proceedings:
* Hit-and-run accidents - These cases have the driver as the main cause of injuries due to his failure in stopping at the scene of the accident. The hit-and-run victim may encounter some difficulty in identifying or pinpointing the liable driver and therefore brings on a lawsuit.
* Car-Pedestrian accidents - These cases evolves once an automobile collides or hits a pedestrian. Often, the pedestrian victim suffers catastrophic injuries. However, they find it difficult to make claims against the liable driver since the pedestrian's conduct or actions may also be faulty.
* Car-Motorcycle accidents- Collisions between cars and motorcycles usually leave the motorcycle operator with severe injuries. This is the case although the crash may be considered relatively minor if it had been two cars colliding.
Some suggestions imply that motorcycle operators suffer from predisposition by the jury panel. They were usually blamed for causing the collision. This, even if the accident has clear indications and evidences that it was the negligence of the car driver that caused it.
* Car-Bicycle accidents - like the car-motorcycle collisions, the rider is usually left with serious injuries after being hit by a car. Some accidents also happen when car drivers accidentally open their car doors in front of a speeding bicyclist.
The car driver's arguments usually state of not seeing the bicyclist before opening his door or having misjudged the bicycle's speed. On the other hand, some bicyclists also engage in some dangerous activities while on the road. Some of the common violations involve ignoring traffic signals and riding on the wrong side of the road. These actions can lead to possible accidents.
* Accidents involving buses - The sheer mass and size of typical buses make accidents a serious matter that could attract attention. Added to this, bus passengers are most often unrestrained, causing more victims to suffer injuries.
Other car accidents, which involved special issues, also include the following:
* tractor-trailer and semi-truck accidents
* vehicle modifications involving after-market parts
* road debris accidents
Determining who is at fault in most accidents would need sufficient knowledge of local, state and federal accident laws. Apart from these, other related issues and factors may come into play which could alter the outcome of an auto accident case.
Pursuing a claim in auto accidents will require the skills and experience of a lawyer. Because of the complex nature of most accident cases, it is important to get the services of a personal injury lawyer
who specializes in auto accidents cases to help you obtain proper claims for your injuries.
Showing posts with label Lawsuit. Show all posts
Special Issues in Auto Accident Litigation by Manuel Salvacion
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Car Accident Settlements: How to Start Auto Insurance Claims the Right Way
The simplest way to get more money from your car accident settlements is to begin your insurance claims the right way
The first thing you really should do when starting your auto accident claims with another driver's insurance is....
Watch out for Blame Questions
At the beginning of your accident claims, the insurance company can ask you questions that make you responsible for their insurer's accident.
For example, one of more popular questions given by the insurance companies is: "How could you have avoided the accident?"
If you read it really carefully, you will find that this question assumes that you were the person who was to blame for the auto accident. That the accident may have been averted if you were driving more cautiously.
At the start of your car accident settlements claim, the matter of fault is still undetermined. The insurance company can't possibly know who is accountable for the accident until they look at the auto accident report, get in touch with witnesses, inspect the evidence etc. That takes a lot of time and research.
By asking this question this early in the process, the insurance company is setting you up to take accountability for the accident.
The more blame they can give you, the lower your auto accident claim.
To avoid this trap, simply answer to this question: " I could not have prevented the accident because your driver struck me."
Whether you could have prevented the accident is irrelevant at this time. If the accident was your fault, the evidence will clearly point to it.
But right now, don't presume you're already to blame for the auto accident. Doing this will only hurt you and greatly reduce your odds of getting more money. So always make sure you listen carefully to how the insurance companies phrase their questions to you.
The main thing you are trying to do at this point..
Place emphasis on the Other Driver
Once you tell the insurance company about the accident, stress how the other car driver was involved.
Don't say: "I was in a car crash with your insurer". Say things like:
"Your insurer crashed into me"
"Your insurer slammed my car coming from the back"
"Your insurer crossed the red light and damaged my car."
By shifting the attention on the other driver, you are steering clear of getting blame for the auto accident. This helps improve your chances of getting a higher settlement.
It's important to realize that you should NEVER lie to the insurance companies about your accident. If you do lie, the evidence will clearly expose you and you can face serious charges.
The first thing you really should do when starting your auto accident claims with another driver's insurance is....
Watch out for Blame Questions
At the beginning of your accident claims, the insurance company can ask you questions that make you responsible for their insurer's accident.
For example, one of more popular questions given by the insurance companies is: "How could you have avoided the accident?"
If you read it really carefully, you will find that this question assumes that you were the person who was to blame for the auto accident. That the accident may have been averted if you were driving more cautiously.
At the start of your car accident settlements claim, the matter of fault is still undetermined. The insurance company can't possibly know who is accountable for the accident until they look at the auto accident report, get in touch with witnesses, inspect the evidence etc. That takes a lot of time and research.
By asking this question this early in the process, the insurance company is setting you up to take accountability for the accident.
The more blame they can give you, the lower your auto accident claim.
To avoid this trap, simply answer to this question: " I could not have prevented the accident because your driver struck me."
Whether you could have prevented the accident is irrelevant at this time. If the accident was your fault, the evidence will clearly point to it.
But right now, don't presume you're already to blame for the auto accident. Doing this will only hurt you and greatly reduce your odds of getting more money. So always make sure you listen carefully to how the insurance companies phrase their questions to you.
The main thing you are trying to do at this point..
Place emphasis on the Other Driver
Once you tell the insurance company about the accident, stress how the other car driver was involved.
Don't say: "I was in a car crash with your insurer". Say things like:
"Your insurer crashed into me"
"Your insurer slammed my car coming from the back"
"Your insurer crossed the red light and damaged my car."
By shifting the attention on the other driver, you are steering clear of getting blame for the auto accident. This helps improve your chances of getting a higher settlement.
It's important to realize that you should NEVER lie to the insurance companies about your accident. If you do lie, the evidence will clearly expose you and you can face serious charges.
If you start your auto accident settlement the right way, you will increase your chances of getting more money from your insurance claims.
Learn How to Increase Car Accident Claims
Asif L Shaikh offers expert advice on how to deal with car accident claims and personal injury settlements.
Article Source: http://EzineArticles.com/?expert=Asif_L_Shaikh Learn How to Increase Car Accident Claims
Asif L Shaikh offers expert advice on how to deal with car accident claims and personal injury settlements.
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How to Protect Your Rights and Preserve Your Car Accident Lawsuit
If you, or someone you love, has been seriously injured in a car, truck, or motorcycle accident in Massachusetts, it is important to protect your legal rights and make sure you do not accidentally ruin your chances of receiving fair compensation.
The majority of Massachusetts accident victims do not understand how insurance companies work or the lengths they will go to in order to deny personal injury claims or low ball settlement offers. Needless to say, they will use your inexperience to their advantage.
This is why it is so critical to retain a skilled Massachusetts accident lawyer. An experienced Massachusetts accident lawyer knows the tactics the insurance companies use to dupe accident victims into believing they are receiving fair compensation for their injuries and damages when, in most cases, their figures are way off.
The following tips are designed to prevent you from giving the insurance companies the upper hand when negotiating a personal injury settlement, and to ensure you have a strong case for a Massachusetts personal injury lawsuit, should you need to file one.
1. Document Everything - Having documented evidence that supports your version of the events is crucial when dealing with insurance companies. Always contact the police after a car accident and get a copy of that police report when it is ready (usually a few days).
Additionally, write down the names, addresses, phone numbers, and license plate numbers of all vehicles/persons involved as well as those of any witnesses to your car accident. Take pictures, or even video of the car accident scene, with a camera or cell phone or ask a friend or witness to do so if your injuries are too severe.
2. Only Talk to the Police/Emergency Crews - After a car, truck, or motorcycle accident, it is normal to want to discuss the details of the accident with the other drivers involved to try to determine what happened. DO NOT SAY ANYTHING about your injuries or whose fault the accident was to anyone except the police and medical crews that respond to the accident. Even the smallest "I am sorry" to the other driver can give their insurance company ammo to deny your personal injury claim.
3. Talk to a Massachusetts Personal Injury Lawyer As Soon As Possible - It is important for you as the accident victim to fully understand your legal rights after a Massachusetts car, truck, or motorcycle accident. You will also need to determine whether or not you have a personal injury case, and if so, how to proceed in getting you the compensation you need for medical bills, lost wages, and other expenses relating to your accident.
Having legal representation from an experienced Massachusetts personal injury lawyer is imperative when dealing with insurance companies, lawsuits, damages, and other legal matters connected to your accident.
If you are considering filing a Massachusetts car accident lawsuit, it is important to interview a Massachusetts personal injury lawyer in your area who has successfully handled car accident cases similar to yours. Do not be afraid to ask questions concerning past cases and your lawyer's expertise when it comes to Massachusetts personal injury law. Most qualified lawyers will offer a free consultation where you can discuss the specifics of your Massachusetts car accident.
For more information on how to file a successful Massachusetts car accident personal injury claim, visit http://www.TomKileyLaw.com to request a FREE copy of Thomas M. Kiley's Massachusetts accident book, The 7 Biggest Mistakes That Can Wreck Your Massachusetts Accident Case. Or, contact the Andover personal injury attorneys at Thomas M. Kiley & Associates for a FREE no-obligation evaluation of your Massachusetts accident case - 1-800-930-8145.
The majority of Massachusetts accident victims do not understand how insurance companies work or the lengths they will go to in order to deny personal injury claims or low ball settlement offers. Needless to say, they will use your inexperience to their advantage.
This is why it is so critical to retain a skilled Massachusetts accident lawyer. An experienced Massachusetts accident lawyer knows the tactics the insurance companies use to dupe accident victims into believing they are receiving fair compensation for their injuries and damages when, in most cases, their figures are way off.
The following tips are designed to prevent you from giving the insurance companies the upper hand when negotiating a personal injury settlement, and to ensure you have a strong case for a Massachusetts personal injury lawsuit, should you need to file one.
1. Document Everything - Having documented evidence that supports your version of the events is crucial when dealing with insurance companies. Always contact the police after a car accident and get a copy of that police report when it is ready (usually a few days).
Additionally, write down the names, addresses, phone numbers, and license plate numbers of all vehicles/persons involved as well as those of any witnesses to your car accident. Take pictures, or even video of the car accident scene, with a camera or cell phone or ask a friend or witness to do so if your injuries are too severe.
2. Only Talk to the Police/Emergency Crews - After a car, truck, or motorcycle accident, it is normal to want to discuss the details of the accident with the other drivers involved to try to determine what happened. DO NOT SAY ANYTHING about your injuries or whose fault the accident was to anyone except the police and medical crews that respond to the accident. Even the smallest "I am sorry" to the other driver can give their insurance company ammo to deny your personal injury claim.
3. Talk to a Massachusetts Personal Injury Lawyer As Soon As Possible - It is important for you as the accident victim to fully understand your legal rights after a Massachusetts car, truck, or motorcycle accident. You will also need to determine whether or not you have a personal injury case, and if so, how to proceed in getting you the compensation you need for medical bills, lost wages, and other expenses relating to your accident.
Having legal representation from an experienced Massachusetts personal injury lawyer is imperative when dealing with insurance companies, lawsuits, damages, and other legal matters connected to your accident.
If you are considering filing a Massachusetts car accident lawsuit, it is important to interview a Massachusetts personal injury lawyer in your area who has successfully handled car accident cases similar to yours. Do not be afraid to ask questions concerning past cases and your lawyer's expertise when it comes to Massachusetts personal injury law. Most qualified lawyers will offer a free consultation where you can discuss the specifics of your Massachusetts car accident.
For more information on how to file a successful Massachusetts car accident personal injury claim, visit http://www.TomKileyLaw.com to request a FREE copy of Thomas M. Kiley's Massachusetts accident book, The 7 Biggest Mistakes That Can Wreck Your Massachusetts Accident Case. Or, contact the Andover personal injury attorneys at Thomas M. Kiley & Associates for a FREE no-obligation evaluation of your Massachusetts accident case - 1-800-930-8145.
Massachusetts accident lawyer, Thomas M. Kiley, has been representing individuals against insurance companies since 1976. He was referred to as the "Million Dollar Man" in a featured article by the Boston Herald Sunday Magazine in it's "Personal Best Series." This was based on his record of obtaining million dollar verdicts and settlements in complex cases in which he represented injured victims against insurance companies.
Mr. Kiley is a respected member of numerous professional organizations including the American Association for Justice, the Massachusetts Academy of Trial Attorneys, and the Massachusetts Bar Association.
He has achieved the highest possible rating (AV) for both legal ethics and ability by Martindale-Hubbell, the definitive guide to America's leading lawyers and law firms.
Article Source: http://EzineArticles.com/?expert=Thomas_M._Kiley Mr. Kiley is a respected member of numerous professional organizations including the American Association for Justice, the Massachusetts Academy of Trial Attorneys, and the Massachusetts Bar Association.
He has achieved the highest possible rating (AV) for both legal ethics and ability by Martindale-Hubbell, the definitive guide to America's leading lawyers and law firms.
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