Questions on Law- Motor Vehicle Accidents

Hello. I am an attorney practicing in Maryland, D.C., and soon in Virginia, but this blog will be very generalized so that it is not specific to one jurisdiction. The purpose of this blog is to post general information for your rights with regards to various types of personal injury matters, including car accidents, work injuries, medical and dental malpractice, nursing home negligence, products liability, and social security disability. My goal is to provide you with as much information as possible so you are more informed prior to contacting or retaining an attorney to represent you. Each blog posting will cover a specific area of personal injury law. I will update my blog from time to time as necessary. If you have any questions, I can be reached at 240-993-9850 or via e-mail at andrewsindler@aol.com.

PERSONAL INJURY IN GENERAL

It's only natural that when we suffer bodily injury, no matter how severe, we want to blame someone and possibly even be compensated if someone else was at fault... but how far will the law allow us to go? It depends on the type and nature of the injury. To make it easier, I'll break it down by topics. This one is devoted to Auto Accidents.

MOTOR VEHICLE ACCIDENTS

The most common type of case people think of when they hear the words "personal injury" is a motor vehicle accident, be it a car, motorcycle, or commercial truck. We've all seen them on the news, passed by them on the drive to work or home, some of us may have even been involved in them... hopefully you weren't injured if you were. Of course, we all have car insurance to cover those types of injuries, but what does the car insurance provide besides the cost of repairing the car? But before we even get to that question, the more pertinent question to answer is "who caused the accident" or "who was at fault?"

Determination of Fault

"I had the green light." "No, I had the green light, you blew through the red light." That's a common exchange we hear when we try to determine who was at fault. What happens if nobody was around to eyewitness the accident to determine who was at fault? Most accidents can be reconstructed by the police officer(s) who arrives on the scene to take an accident report and/or photos. Some are easier to determine than others. The key is to determine which driver was negligent in the operation of his/her vehicle, and did not act as a reasonable driver of the same experience would have acted in the same situation. Violation of a traffic law (running a stop sign or red light, speeding, driving on the wrong side of the road, etc.) will usually be evidence of negligence on the part of a driver. On a sidenote, in the case of a collision with a commercial truck driver, truck drivers are held to a higher standard of care because they are specially licensed to handle their big rig vehicles, and they are strictly bound by the Federal rules and regulations for operating such vehicles.... so if a commercial truck driver causes an accident, he/she may be liable or at fault in a situation where an ordinary driver might not be at fault, and frequently the injuries and damages are greater given the size of commercial trucking vehicles.

The most common types of collisions are rear-ending collisions- in almost all situations, the person who rear ends from behind is found to be at fault. Then of course there are intersections collisions- someone runs a red light or blows through a stop sign. Although eyewitnesses can help, police officers and sometimes expert reconstructionists can return to the scene of the accident and reconstruct how it happened by the type of collision, location of the damage to the vehicles, and other physical variables, in order to determine who is at fault. Sometimes more than one person is considered to be at fault, as will be discussed below.

While the general principle is that the person who is found NOT to be at fault has a right to make a claim for damages for the personal injuries, in some states that is not always the case. Also, because the driver of the vehicle is generally the one deemed to be at fault, if you are a passenger who suffers any injuries, you can ALWAYS make a claim for damages sustained in an accident.

Injuries and Other Damages

So now that we've determined you have a right to make a claim for damages, what specifically can you claim? You can make a claim for all of your bodily injuries which are causally related to the accident (i.e., were a reasonable result of the accident itself), and the incidental damages which result. It is important to note that some injuries may not appear immediately, so it is important to see a doctor as soon as you start experiencing symptoms (even if you go to the hospital right after the accident and you get released with no major diagnosis). The most common type which can sometimes take a long time to appear is whiplash, most common in rear ending accidents. (See the following article on whiplash- http://www.spineuniverse.com/displayarticle.php/article819.html).
Of course, the more serious of a car accident and the more damage done to the vehicles, the more likely the injuries will be serious.

How do you determine the "value" of your injuries in order to make a claim for damages? First and foremost, you track all of your medical expenses that result from the medical treatment you must seek for your accident injuries. The total of those expenses is your starting point. NOTE that even if your health or car insurance pays for any portion of your medical expenses, you can still make a claim for the total charge of each medical treatment, NOT just the portion you have to pay out of pocket.

Then, perhaps you were forced to miss time from work as a result of your injuries and/or medical treatment. The value of your lost wages is also a part of your claim for damages.

Finally, your physical and emotional pain and suffering is naturally the result of being involved in such a traumatic experience as a car accident. You may even have a permanent injury or disability, and you are entitled to be compensated accordingly. Although you cannot put a specific dollar value on this type of damage, your attorney will always work hard for you to ensure you collect the maximum amount you are entitled to under the circumstances and the law.

On a sidenote, there are other miscellaneous causes of action for damages if the victim is actually fatally injured (killed) as a result of an accident which was caused by another's negligence. This cause of action would actually be brought on behalf of the nearest survivor (for example, a husband or wife, a child, or a parent), for the pain and suffering of the deceased victim, as well as the pain and suffering and losses that will be suffered by the survivor (for example, if a spouse or child relied on the deceased victim's income to support him/her, or the loss of companionship and love that accompanies the death of a family member). Again, this can be better explained by an attorney, but these types of actions are typically referred to as survival actions (on behalf of the victim), and wrongful death actions (brought by the surviving person(s) for their losses.


CLAIMS & LAWSUITS

While everyone thinks they will have their "one day in court" when they are the innocent victim of another driver's negligence, the fact is that most car accident cases (like other personal injury matters) never get to a trial. The first step in the process is to make a claim for damages, which is generally done by way of sending a settlement demand package to the insurance company summarizing the accident, the injuries and medical treatment, the medical expenses and lost wages, and any permanent injuries and pain and suffering. Sometimes you will make a claim against your own insurance company for your uninsured or underinsured motorist benefits (if the other driver has no insurance, flees the scene, or does not have enough insurance coverage to compensate you fully for your injuries). At this stage, the matter can sometimes be settled with a little negotiation back and forth between your attorney and the insurance company. If not, then it is sometimes necessary to institute a lawsuit in the appropriate court.

While sometimes it is simply necessary to file a lawsuit in order to get the insurance company moving on resolving your claim, it may also be necessary if you are approaching the applicable statute of limitations (or time limit in which to file your claim- in Maryland, for example, you can only file a lawsuit within 3 years of the date of your accident). Even after a lawsuit is filed, it is more than common and frequent for a lawsuit to settle prior to getting to trial. This is so because personal injury lawsuits can sometimes take more than a year from the time they are filed to reach the trial stage, and they are extremely time consuming and expensive for everyone involved.

FINDING THE RIGHT ATTORNEY

I, like most of my constituents, work very hard for my clients to ensure that they are taken care of and treated fairly. Most, if not all attorneys on behalf of accident victims are paid on a contingent fee basis. This basically means that you will pay nothing unless you recover money by way of a settlement or court award, and your attorney will take his/her fee as a percentage of the total amount recovered. Expenses will also be deducted, but will generally not be collected unless any amount of money is recovered. Your attorney will specifically discuss this with you when you sign the legal services agreement prior to beginning work on your claim.

Personal injury cases can be quite time consuming and stressful, which is why your attorney and his team are here to help. The most important thing to remember for any personal injury matter is that YOU are in control. Yes, YOU steer the ship. Your attorney is your counselor and advisor and will guide you through every step of the process. But you will make all final decisions- whether to settle, for how much to settle, whether to file a lawsuit and go to trial, etc. While nobody wants to be the innocent victim of someone else's negligence, you should definitely get what you rightfully deserve to make you whole again, and we're all here to help.

WHAT TO DO IF YOU ARE INVOLVED IN A CAR ACCIDENT

1. Call the police to come to the scene of the accident. Even if it was a minor fender bender, the police can take a report, question witnesses, draw a diagram, take pictures, and even make a finding of which driver was at fault. Police officers sometimes give a traffic citation to the at-fault driver if there was a clear violation of a traffic law(s).

2. If the police don't come to the scene, try to take a picture before the vehicles are moved, even if it's with your cell phone camera, call for help (family or friends), try to track down eyewitnesses and get their names and phone numbers. Also, make sure you exchange license and insurance information with the other driver, and get the license plate number of the other driver (in case they drive away or give you false information- this way the police or your insurance company can track them down by the car).

3. Seek immediate medical treatment, even if you think nothing is wrong with you. This is especially important for whiplash injuries, which may not show up until weeks after the accident. A doctor can best determine what if any injuries you have or may sustain.

4. Keep track of your new injuries or aggravation of pre-existing injuries that you believe were caused by the accident.

5. Keep a regular journal or diary. If the injury occurred to a loved one who is not capable of doing so, keep a journal or diary for them. Include daily notes of problems experienced, limitations in daily activities, medical treatment sought or received, expenses incurred (for medical treatment, and anything else related to your medical treatment- like hiring a housekeeper to help around the house, for example), time missed from work, and any other relevant information.

6. Consult with an attorney immediately! You may not be fully aware of your rights, and don't forget, you have a time limit (statute of limitations) in which you can file such a lawsuit, or you will be forever barred from bring such a claim.

7. NEVER SPEAK to anyone about this claim without first consulting an attorney. If you have an attorney, it is unlawful and unethical for anyone to try to speak to you about your claim, including the insurance company.

8. Remain calm and patient, and know that your attorney will work hard to determine if you have a valid claim, and to make sure you get what you deserve if you do.


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