Being involved in a serious car accident can be detrimental. There could be significant and costly damage to your vehicle, and you may have suffered some minor or major injuries; it can be a life changing event. It twists your daily life up into a knot of confusion, pain and distress, and it may not even have been your fault. Most car accidents occur due to negligence of a driver and includes doing something you shouldn’t, such as running a red light or speeding, or not doing something you should, like indicating to turn or stopping for a pedestrian. When involved in an accident due to negligence, you have the right to compensation. It is important that procedures are followed to ensure your rights are protected and maintained.
At the Scene
Assessing any injuries should always be prioritized after a car serious car accident. Next, certain information is required to be exchanged, including contact details of those involved, details of the vehicle owners, registration numbers and insurance or security documentation. In a serious accident, the police will be at the scene to handle this and obtain any other necessary evidence and information.
Recovering Compensation
The surest way to have the biggest impact on preserving your rights after a serious car accident is to contact a lawyer as soon as possible. Having an experienced and specialized lawyer like these Munley Law Allentown car accident lawyers means you will be advised and guided by a professional from the beginning and you will have a full understanding of your rights and the process ahead. There are four elements that need to be proven in order compensation to be recovered: duty, breach, causation and harm.
Duty
Duty refers to a driver’s legal obligation to adhere to the rules of the road and drive in a reasonable manner. This goes hand in hand with negligence and covers everything that you are required to do as a vehicle driver. From observing speed and traffic signs to maintaining control and awareness, duty is usually accepted without much question as it is expected of all road users.
Breach
For a claim to go ahead, it must be proven that this duty has been breached. Generally, this can be proven by using evidence from the scene such as witnesses, traffic cameras or admittance. Other evidence, like alcohol consumption, may be presented here too.
Causation
After the breach of duty has been made clear, proof is required that this is the cause of the injury or property damage. This can be done by looking at medical records and having the nature of the injury coincide with the accident. In many cases of serious accident and injury, this is already obvious.
Harm
This harm then requires to be shown and proven before any compensation can be claimed. In relation to both personal injury and property damage, again, in the case of a serious accident, the harm to either of these elements is usually obvious.
If procedures at the scene are conducted according to the law and all four elements of your claim can be proven, then your right to compensation will be granted for both personal injury and vehicle damage.