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Filing Injury Claims Requires Expert Knowledge

by Haris V.
January 8, 2020 - Updated on April 18, 2023
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Expert Knowledge
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Over two million drivers end up with permanent injuries due to car accidents each year and over ninety car accident deaths occur every day in the United States. While you cannot prevent car accidents caused due to the negligence or misconduct of another driver, you can learn and take steps to help prevent some of the more common car accidents.

You must understand and be aware of the factors that could lead to a potential accident and someone like this Fort Myers car accident lawyer being called to help you, or others involved in the accident, when it comes to making a claim for compensation. After all, being aware helps you make correct decisions on the road. Ensuring that neither you nor any other person in your car will drive under the influence, is a good example of an educated and correct decision.

There are many such factors that can help you ensure safety for yourself as well as others on the road. Given below are some of the factors that could lead to car accidents resulting in damage, injuries and even death.

Distracted Driving

Contents

A majority of driver-caused car accidents are due to distracted driving. A large number of people believe that distracted driving means a total loss of attention from driving. This isn’t far from the truth. Driving a motor car requires concentration and cognitive effort. Even a small distraction can cause an accident.

Something as fleeting as looking down to adjust the volume of the car stereo or taking a sip of water can cause enough distraction while driving. While there is no way to prevent accidents due to distracted drivers, you can protect yourself by being aware and driving defensively. The best way to protect yourself if you see a distracted driver is to maintain a safe distance away from their vehicle.

Driving Under Substance Influence

Unfortunate but true, millions of people drive under the influence of alcohol and/or drugs. According to data gathered by the CDC, each day nearly thirty deaths in car accidents occur due to driving under the influence of alcohol. The best action for you to take if you see a car drifting excessively or the driver seems to be in a constant state of correction or catatonia is to maintain a safe distance and alert the local authorities immediately.

Over Speeding

While it may be thrilling to some, driving above the speed limit is very dangerous and a major cause of accident-related fatality. The biggest problem with speeding is that it gives very little time for correction or stopping – for both the over-speeding driver and the other drivers around. While many drivers ignore the speed limits, some drivers are unaware of the limits. Irrespective of the fact, there should be no reason to over speed.

Over speeding can also happen due to distracted driving or driving under the influence. That just doubles the risk of an accident. To put things in perspective, more than 9300 people died in 2019 as a result of accidents due to over speeding.

Driving Recklessly

Reckless driving is one of the most dangerous forms of driving, for the driver, occupants of the car, other motorists and pedestrians. It is nearly impossible to predict what the reckless driver will do next. While some may drive recklessly due to an emergency, others do so for more notorious reasons.

Many people associate speeding with reckless driving – however, most accidents involving reckless driving are not associated with speeding at all. Failure to see and stop for pedestrians, driving on the wrong side of the road, and illegal overtaking are all considered as reckless driving. Anyone who drives with scant regard to the safety of people and property is dangerous and should be reported immediately.

Other Factors

  • Road rage and aggressive driving is another factor for potential accidents. While many of us manage to control our emotions and avoid a scene, there are some who insist on escalating the situation.
  • Bad road conditions and poor weather conditions are also a cause of accidents. While there is not much that you can do to change these, driving carefully or refraining from driving, if possible can help avoid accidents.

There are times when all the knowledge and safety measures cannot prevent an accident. According to  https://www.preszlerlaw-ns.com/how-do-i-file-a-claim-in-nova-scotia/, if you are involved in such a situation, then it is better being served and represented by an experienced and trustworthy attorney. This is because a large number of people have misconceptions regarding the claims process.

Filing a car accident injury claim is not a simple and straightforward process. Mistakes made due to the following misconceptions could damage your case and deny you your rightful claim.

Compensation is Guaranteed Legally

There are no legal guarantees that you will be compensated if you are injured in a car accident – even if the other driver is at fault. It could be possible that the errant driver is uninsured. The insurance company will claim that you are partly responsible for the accident or your claim is not in proportion to the injuries suffered.

Fair Settlement From the Insurance Company

Insurance companies are interested in protecting their best interests. A small settlement is far better than a large payout. Getting an insurance company to offer enough compensation to cover your damages involves intense negotiation.

Police Report is all That is Required to Prove Fault

Unfortunately, while it is important to call the police immediately after an accident, their report is not the only evidence required to prove fault. A police report states what the officer would have seen at the site of the accident. To build a case to prove fault, you will require accident pictures, witness testimony, surveillance videos, and probably an accident reconstruction.

You can do Without Legal Representation

Most people believe that hiring an attorney is either too expensive or money wasted. However, even if you feel your case is straightforward, getting an attorney is in your best interest. In most cases, car accident attorneys charge on a contingency fee basis. Thus if you do not receive compensation, neither does the attorney. Collecting evidence, getting expert witnesses and negotiating with the insurance companies are all skills that require a person trained and experienced in them.

The Bottom Line

While a better understanding of the process for seeking car accident injury claims may increase your ability to get fair compensation for your injuries, hiring a car accident attorney will safeguard your interests and help get the maximum compensation based on your injuries, lost wages, and other damages.

Tags: Expert KnowledgeFiling Injury Claims
Haris V.

Haris V.

Haris is the Senior Tech Editor for Twollow and a noted duck fat enthusiast. He lives in Portland, Oregon with a slightly hostile cat.

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