Most of us either have been involved in or know someone who has been involved in an automobile accident. As a general rule, a person is to exercise “reasonable care under the circumstances” when operating a vehicle. A driver is considered negligent when he or she fails to follow that standard of care. In an automobile case, the injured person must prove that the other driver was negligent and, as a result of the negligence, that the injured person suffered physical and/or emotional injuries and/or property damage.
In some cases, the injured person may be able to sue other parties as well. For example, if the accident involved a defective vehicle, you may be able to file suit against the automobile manufacturer. If the driver of a tractor-trailer violated rules or regulations, that may create a basis for a lawsuit against the driver or his or her employer, as well.
If you are involved in an automobile accident, you should stop. Many states require that you stop to determine whether there are any damages or injuries resulting from the collision. You should also be sure to contact your insurance agent as soon as your covered accident takes place.
What if the accident was my fault? Your ability to recover will depend upon the laws of your state. Some states do not consider fault; other states do, but you may still be able to recover for your injuries, even if the accident was partially your fault. In that case, you may be required to prove that another person’s fault was greater than your own. In some states, the amount of your compensation may be reduced by your percentage of fault.
How soon do I need to see an attorney? Every state imposes time limits, known as “statutes of limitations,” that govern the time you have to file your lawsuit. In some states, that time may be as little as one year. If you fail to file your lawsuit on time, then you may lose your legal right to collect damages for your injury. You should seek legal counsel immediately so that you do not waive any of your legal rights.
If you have been injured in a motor vehicle accident, contact the experienced personal injury attorneys at Montgomery, Elsner & Pardieck to protect your legal interests.
If you have been injured in a motor vehicle accident, contact the attorneys at Montgomery, Elsner & Pardieck to protect your legal interests.
Specializing in motor vehicle injury representation:
Thomas J. Lantz
Email Thomas Lantz
Susan E Sparks
Email Susan E Sparks
Greg S. Morin
Email Greg Morin