Type Of Accident
The type of accident you have can affect your case. There are different types of accidents, from a simple accident to a high-speed collision, that can lead to varying results in a car accident case. The kind of car wreck you are involved in may also determine whether you have a personal injury claim, property damage liability claim, or both. Don’t take this lightly, as it will be an element that is used against you if you do not assert it as part of your defense.
One thing to note is that when the police file their report and the officer does not see that you succumbed to injuries or believes that your injuries are only minor, you will find it much more difficult to win compensation for pain and suffering. You may still be able to get compensation for your losses. However, you may have to prove the facts in a court of law through witness statements or photos (such as pictures of your damaged car) that show the severity of your injuries following the collision. The police report is not always accurate as most times they will only mark the vehicles as “totaled” or “damaged” but may not document any injuries.
Location Of Accident
The location of a car accident can affect your case in a review of damages or determine who was at fault. Many types of accidents occur in a car accident, such as rear-end collisions, side-impact collisions, and frontal collision claims. However, when you are involved in a rear-end crash, you will have to prove the car was traveling at a speed that was too fast for the other driver to stop. If this is confirmed, you may have a claim for vehicular manslaughter or even more severe injury if there has been brain damage or another serious bodily injury.
If you are involved in a side-impact collision, the most common one, you will have to prove that the other driver was negligent. This means that they were speeding or being reckless, which your case will support. This is because one of the primary elements of a car accident case is an element called cause, whether or not you fault the other driver. If there is no way to prove the driver was reckless or speeding at the time of contact, the police could reduce your damages. The other driver’s attorney may seek to verify that the other driver survived the crash, so they will not be required to prove cause.
Frontal collisions are prevalent, and the most dangerous ones are where a car’s speed is considered excessive and it strikes a pedestrian or another car head-on at high speed. When you are involved in a frontal collision, you need to prove that the other driver was at fault. If the police officer were watching the two cars collide, he would have seen what happened and who was at fault. This element of proof is crucial for your future damages case.
Should your case go to court, you will find it very important to prove that you got injuries in a car accident. You can verify this by having witnesses in the car or video or video testimonials at the collision. Take photos showing the extent of your injuries, and give statements of what happened, including when the crash occurred, the direction of force applied, any pain you may feel, etc. These are all essential pieces to most people’s future damages cases. The more information you have, the easier it will be for the court to determine your damages. Most car accident claims generally settle before trial though, so you probably won’t need to worry about this.
The accident claims process can be long and arduous. If you do not know what to expect, it can leave you frustrated as a victim. You must understand the different elements of a car accident case to have a solid foundation for your case. Do not forget that not all injuries are physical; most common car accidents are due to driver negligence and reckless driving.