Phoenix Truck Accident Lawyer

Truck accidents are far more dangerous and lethal than car accidents. The truck’s size, weight, and proportions generate enormous physical force that cars and lighter vehicles cannot match. As a result, surviving accident victims frequently sustain life-changing injuries. Truck crashes can cause traumatic brain injury, spinal cord damage, shattered bones, and internal organ damage. Semis, 18-wheelers, and other commercial trucks cause the most severe injuries.

Expert Phoenix truck accident lawyer Erica Gelfand is dedicated to protecting the rights of anyone wrongfully injured. With decades of combined legal experience, our team of accomplished personal injury attorneys has won millions of dollars in compensation for our clients. We understand how to assist truck accident victims in obtaining their due justice.

For a free, no-obligation consultation to go over your truck accident claim, contact us today. If we decide that you have a case, we will pursue all available legal remedies to assist you in getting the total compensation you are entitled to. All of our services are offered without charge upfront; you only pay if we successfully get compensation for your claim.

Causes of Truck Accidents in Phoenix

Trucks are heavier and more prominent than vehicles, and they frequently result in significant injuries in collisions. Truck driving needs specialized knowledge and extra caution. The truck’s more prominent blind spot and dependence on mirrors for side-by-side and rearview visibility make turning and changing lanes more hazardous for the driver.

Unfortunately, truck drivers do not always adhere to their responsibility to drive safely, and driver irresponsibility is a common cause of accidents involving trucks. The following are some cases of negligent driving by truck drivers that led to serious accidents:

• Driving when impaired by drugs or alcohol is a violation of the law.
  Operating a vehicle when sleepy or in violation of the FMCSA Hours of Service restrictions.
• Driving in violation of the law while suffering from a significant medical condition, such as epilepsy or a heart disease
• Taking part in activities that are considered to be diversions, such as utilizing a handheld mobile device, eating, grooming, and other similar activities
• Failure to execute all pre-trip checks as needed before departure
• A driving style that is characterized by aggression, including excessive speeding, following too closely, incorrect passing, or frightening other drivers.
• Changing directions too swiftly.
• Inadequately paying attention to blind spots as much as they require
• Using a business vehicle without having the appropriate license or having received the required training
• Taking power away from the brakes that are located in the front of the truck
• In any other way, infringing the laws governing traffic or the requirements of the FMCSA

Every truck driver who causes an accident or injury via their carelessness should be held entirely liable for any damages or losses that are incurred as a result of the accident. Because drivers rarely readily admit to having made a mistake, determining whether or not a motorist was negligent can be a difficult and time-consuming process. An expert truck accident attorney in Phoenix has the knowledge and resources necessary to investigate the acts of the driver in order to identify negligence and assist victims in recovering from their injuries.

What is a Jackknife Accident?

Semi-trucks are classified as “articulated vehicles, which are vehicles that are made up of a number of parts that are linked by movable joints.” This category of vehicles includes semitrailers. This architecture enables these vehicles to be more maneuverable than they would be if they were made up of a single unit, but it also makes them susceptible to certain kinds of accidents that non-articulated vehicles are not exposed to in the same way. Jackknife incidents are one of the sorts of accidents that are exclusive to articulated vehicles. They take place when the trailer of a truck swings out from behind the vehicle, imitating the motion of a pocket knife. Jackknife accidents can only happen to articulated vehicles. They could take place for a variety of causes, including the following:

• High winds
• Improper braking
• Taking turns too fast
• Improperly loaded or secured cargo
• Driver error
• Coupling device failure
• Over-steering

Accidents Involving Semi-Trucks May Be Caused By Winter Weather

Winter storms are known for being a significant factor in motor vehicle accidents, including those involving large commercial trucks. Issues such as snow, ice, wind, and whiteout conditions can wreak havoc on drivers while operating their vehicles, and winter storms are known to play a significant role in these accidents. However, even though poor weather conditions are not an acceptable excuse for negligent truck driver behavior, federal regulations mandate that truck drivers exercise utmost caution at all times and even halt driving if conditions become severe enough. As a consequence, a significant number of people who were hurt in truck accidents in which inclement winter weather played a role have the option of filing a personal injury lawsuit against the entity they believe is liable for their losses.

Winter Weather Can Make Roads Treacherous

Winter storms can bring a variety of hazardous weather conditions, including snow, sleet, hail, and ice. When this kind of precipitation builds up on a road surface, it can make the road excessively slippery, which makes it difficult to maintain control of automobiles. In addition, if there is liquid precipitation and the temperature subsequently drops below freezing, almost imperceptible patches of ice can form on the road surface, which can lead to major accidents. These incidents have the potential to be life-threatening. The following are examples of some of the more prevalent types of truck accidents that take place when there is winter weather is present:

• Override accidents
• Underride accidents
• Jackknife accidents
• Rear-end accidents
• Broadside collisions
• Rollover accidents
• Head-on collisions

It is possible for an accident involving a semi-truck to be a lengthy process that involves extensive legal and technical skills to determine whether the accident was the result of the driver’s fault or was unavoidable due to the conditions. Erica Gelfand specializes in trucking accidents in Phoenix. She will carefully examine the details of your case to establish whether or not there is any evidence of carelessness. It is essential for those who have been injured in an accident involving a semi-truck to be aware of the fact that, depending on the rules in your region, they may still be eligible for compensation even if they were partially to blame for triggering the collision.

Claims resulting from these kinds of incidents are subject to a severe statute of limitations, which means that there is a limited length of time in which you can file a claim. In other words, the statute of limitations places a time limit on when you can make a claim. As a result of this, it is strongly recommended that anyone who has been involved in a truck accident get in touch with a lawyer as soon as humanly possible. The first step toward getting the compensation you are entitled to having a conversation about your case with a truck accident attorney who has experience in the field.

Steer Clear Of Dangerous Truck Drivers

We have all probably witnessed a vehicle suddenly and unexpectedly swerving, leaving the lane it was in, overcorrecting, or performing some other maneuver. In most cases, these are indications that the driver is participating in distracted driving, that they are under the influence of alcohol or drugs, or that they may even be dozing off behind the wheel. Truck drivers should take the same precautions, and you should keep a safe distance from vehicles that are going in a manner that is not typical for them.

Furthermore, many truck drivers may participate in aggressive driving if they are irritated or come into slower traffic, which is a particularly risky behavior because it increases the likelihood of accidents. Some of the following behaviors may indicate that a truck driver is hostile:

• Following you too closely (tailgating)
• Cutting you off by changing lanes
• Making offensive or threatening gestures or comments
• Excessive speeding
• Unnecessary horn honking or flashing headlights
• Following you off the highway

Give a truck driver plenty of space on the road if they appear to be driving aggressively. Never put yourself in danger by trying to stand your ground against a giant semi truck or get into a physical altercation with one. Instead, it is best to defuse the situation by not responding to any of their statements or gestures and by stepping out of their way. This should be done as quickly as possible. If a truck driver pursues you off of an exit and you feel like you may be in danger, you should contact the police.

Avoid No-Zones

The blind spots on a huge truck are referred to as “no-zones,” and they can be rather significant. There are no-parking zones directly in front of the trailer, behind the trailer, along both sides of the trailer, alongside the trailer on either side and next to the door on the passenger side of the tractor. If you are required to drive in a no-zone or pass a truck while doing so, do so as swiftly as possible and make every effort to exit the no-zone as soon as feasible. Always keep in mind that you should be able to see the truck driver, either directly or in the rearview mirror; if you are unable to do so, it is quite likely that the truck driver cannot see you.

Move Over For Stopped Trucks

When a truck driver encounters a problem while driving, it’s possible that they won’t be able to make it to a truck stop in time, so they may have to pull over by the side of the road or at the bottom of an exit ramp instead. Even though truck drivers are required to adhere to a specific procedure whenever they are pulled over, it is not always the case that they accomplish everything that has to be done. You can improve your chances of staying out of harm’s way by making it a point to steer clear of passing a stopped truck head-on and selecting one of the lanes on the roadway’s perimeter whenever possible. This will allow you to steer clear of a potential head-on collision with the vehicle’s trailer.

Other Potentially Negligent Parties In Truck Accidents

Along with the drivers of the trucks, there are several additional potential contributors to the severity of truck accidents. These possibly negligent parties include some of the following:

Trucking company – If an accident is caused by the trucking company’s hiring of inexperienced or unqualified drivers, failing to conduct the required drug and alcohol testing on drivers, failing to supervise or discipline drivers to ensure FMCSA compliance, encouraging unsafe practices to improve their bottom line, failing to inspect and maintain trucks in the fleet sufficiently, and other factors, the trucking company could be found negligent. Other factors include: failing to conduct sufficient inspections and maintenance on trucks in the fleet.

Cargo loading team—An independent cargo loading team may be held accountable if an accident is caused by over-loading, under-loading (typically for liquid cargo), or failing to secure the cargo in the trailer of a truck properly. This is the case when an accident is caused by over-loading, under-loading, or failing to secure the cargo in the trailer properly. Errors in the loading of cargo can make it difficult for trucks to brake or stop, and they can also lead to accidents such as rollovers and jackknifing.

Truck manufacturers—Truck manufacturers, have a responsibility to make and market truck parts that are risk-free when they are put into use. Because of this, according to the principles of product liability, the manufacturer should be held liable in the event that a faulty truck item, such as brakes, tires, axles, steering columns, coupler, and many other things, fails to work properly and results in an accident.

Government entity—The government bears the task of thoroughly inspecting, maintaining, and clearing roads and highways of any potentially hazardous conditions. When they come into contact with a pothole, a wide break in the pavement, uneven roads, or any other hazardous condition, large commercial truckers are more prone to losing control of their vehicles. As a result, if a truck collides with a road danger and an accident takes place, the irresponsible government entity shall be held responsible for the losses that victims have sustained.

Accidents Involving Trucks: Frequently Requested Information

Accidents Involving Trucks: Frequently Requested Information

More than one hundred people lose their lives in accidents involving heavy trucks in the state of Arizona every year, and many more are injured due to these accidents. You most likely have a lot of questions if you or a loved one has been wounded in a truck accident that was caused by the negligence of a truck driver or if you have lost a loved one in a truck accident that was caused by the negligence of a truck driver. Here are some of the questions that are asked by our customers regularly.

What causes truck accidents?

Accidents involving trucks are almost always caused by human error, just like accidents involving any other kind of motor vehicle. Many different manifestations of human error can occur when operating a commercial truck, including the following:

• Speeding. In order for a vehicle that is going at a faster pace to come to a safe halt, it will need to travel further than one that is moving at a slower speed. In a similar vein, a large tractor-trailer needs a farther distance to come to a complete stop before it is considered safe.
  Distractions. Truck drivers are not immune to the same distractions that other drivers face every day. These distractions include texting and other forms of cell phone use, GPS and vehicle controls, eating and drinking, daydreaming, and external distractions such as active construction sites, billboards, and even previous accidents. Truck drivers are also more likely to be involved in accidents than other drivers.
• Fatigue. Even though Hours of Service standards mandate that truck drivers take breaks and time off at regular intervals, driver weariness is still a prevalent issue. In point of fact, the Federal Motor Carrier Safety Administration (FMCSA) commissioned research that concluded that the time of day has an even more significant role in truck accidents than the amount of time spent actually performing the job. Nighttime hours, when there is significantly less traffic, are the preferred driving time for many motorists. Unfortunately, these hours throw off the circadian rhythm of the body, which is the body’s natural cycle of sleep and wakefulness and the natural tendency of humans to sleep during the night.
• Impairment. While it is true that truck drivers are required to submit to routine drug testing for prevalent illegal drugs, it is also true that numerous medications available both over-the-counter and by prescription can impair the abilities necessary for a truck driver to operate his or her vehicle safely. In addition, even though commercial drivers are subjected to random alcohol testing and the legal limit for the amount of alcohol in their breath has been lowered, some drivers continue to operate their vehicles after consuming alcohol.
• Improper maintenance. Each year, trucks used for business travel an incredible number of kilometers. Because of this mileage, the vehicle will require more frequent maintenance. Accidents involving trucks are frequently caused by a lack of proper maintenance on the vehicle’s brakes, tires, and steering systems.
• Improperly loaded cargo. Each year, trucks used for business travel an incredible number of kilometers. As a result of the mileage, the vehicle will require more frequent maintenance. Accidents involving trucks are frequently caused by a lack of proper maintenance on the vehicle’s brakes, tires, and steering systems.
• Getting lost. Truck drivers are frequently asked to pick up or drop off loads in cities that they are not acquainted with, and this can cause scheduling issues. Sometimes as a consequence of this, the driver will miss a turn or turn the wrong way on a street or highway ramp that only goes in one direction.

Why are truck accidents so dangerous?

The truck’s size is the crucial factor that makes truck accidents among the most severe motor vehicle accidents on the road. A truck’s weight can be 20–30 times more than a car’s. They have greater ground clearance and are substantially taller. Some of the ways this impacts the driver’s ability to maneuver the truck are:

• Increased stopping distance: On dry roads and at safe speeds, loaded tractor-trailers need up to 40% more space to stop. On slick or wet roads, this distance grows with speed.
• High center of gravity: Due to the truck’s higher center of gravity, it is more likely to roll over when making sudden turns at high speeds or attempting to avoid an accident.
• Wide turns: A large turning radius is needed due to the truck’s length. Other drivers in nearby travel and turn lanes are at risk because of this.
• Blind spots: Blind spots: All four sides of a truck have large blind spots. Passenger automobiles that linger in these blind areas are at risk of being hit since the driver cannot see them when changing lanes and blind spots are also present in tow trucks.
• Underride: A tractor-high trailer’s ground clearance increases the possibility of passenger cars falling underneath it after an accident.

Aren’t commercial truck drivers under strict federal regulations?

Truck drivers must complete additional training to earn a commercial driver’s license. Furthermore, they must carry more excellent liability insurance to safeguard others on the road. Other rules that apply to commercial truck drivers and the firms who hire them include the following:

• Hours of service regulations
• Electronic logging device requirement
• Training on proper loading and securing of cargo
• Proof of routine maintenance
• Training on the hauling of hazardous materials
• Limitations on the height and weight of the vehicle
• Routine drug testing

Is anyone besides the truck driver who may share in the liability?

Other individuals or entities may be accountable for the accident that caused your injuries, depending on the facts of your case. Your truck accident lawyer will investigate all aspects of your accident, including the truck, trucking firm, and driver involved, to discover all sources of liability and insurance resources. Other possible guilty parties, in addition to the truck driver, include:

• The trucking firm was responsible for doing a comprehensive background check on the driver and their driving history, as well as ensuring that the truck driver was adequately trained and placed on the road as a corporate representative.
• The shipper is responsible for checking the history and insurance of the company it chose to deliver its products and may have also been involved in cargo loading.
• Other drivers whose negligence may have contributed to the collision.
• The person or corporation in charge of vehicle maintenance.
• The maker or distributor of truck parts that were possibly defective and contributed to the accident.

I’m not even out of the hospital yet, and I already have insurance representatives contacting me. What should I say?

The primary goal of the insurance industry is financial success for the corporations themselves. They accomplish this goal in part by presenting accident victims with compensation offers that are hastily made and inadequately compensated. The problem with this is that these low settlements rarely take into consideration the whole picture of the medical treatments you will require in the future as well as the impact that the injuries will have on your life. This can have a negative effect on the quality of your life.

Another method that insurance companies make money is by pressuring those who have been harmed to make statements that could be interpreted as admitting fault and, as a result, preventing or lowering the amount of any prospective payment. If the insurance company representing the truck driver or the trucking firm has approached you, you should consult with an attorney before accepting any settlement or making any statement.

Your attorney will communicate with these representatives on your behalf and will also work to establish a value for your case that is based on the following: the current and future injury-related expenses that you are facing as a result of the accident; the property damage to your vehicle as a result of the accident; the expenses that will be required for permanent disability; lost wages and loss of future income potential; and the significant emotional and psychological impacts that you have experienced as a result of the accident.

Can I settle my truck accident case without an attorney?

While it is theoretically possible to resolve a legal issue without the assistance of an attorney, doing so is almost always a wrong decision. Your attorney can offer you a plethora of legal expertise and experience in truck accident cases, which will usually result in a significantly greater settlement than you could collect on your own. Furthermore, your lawyer is aware of the court’s filing requirements, as well as the time constraints involved, and has access to various specialists, including those with an understanding of medical issues and accident reconstruction, which may considerably assist your case.

You can bet that the truck driver and the company for which they work, as well as the insurance carrier, will rely on their attorneys. Why wouldn’t you hire an attorney to walk you through the process and fight for you?

If I hire an attorney, does that mean my case will go to court?

No. Many personal injury claims are settled before they even reach the trial. On the other hand, your attorney’s services are always offered with the idea that the matter would go to court, including the prospect of going up against high-powered corporate lawyers frequently employed by trucking firms. Your lawyer should also be comfortable with the idea of aggressively negotiating the best potential settlement on your behalf.

What expenses can I recover through a truck accident lawsuit?

If an individual is injured due to a motor vehicle accident, the law in Arizona permits the victim to pursue financial and non-financial compensation from the party or parties responsible for the accident. These costs, which are also sometimes referred to as damages, include the following:

• Economic damages. Expenses related to medical care, such as transportation in an ambulance, treatment at an emergency room, hospitalization, diagnostic testing, laboratory work, surgery, physical therapy, and medication; the cost to repair or replace your vehicle; the cost of handicap-accessible features added to your home in the event that your injuries require them; the cost of mobility equipment, such as wheelchairs, handicap modifications on your vehicle, and prosthetics; lost wages as a result of being unable to work or being fired because of your injuries; and any other expenses
• Non-economic damages. Disfigurement, physical pain and suffering, feelings of embarrassment or humiliation, the loss of the ability to enjoy the pleasures that life has to offer are all potential outcomes.

It is difficult to put a precise dollar value on the intangible losses that have been incurred. Your age at the time of the injury, the severity and permanence of the injury, how the injury has impacted your ability to enjoy your life and the activities you participated in before the accident, the severity of the disfigurement involved with the injury, as well as the amount of physical pain and emotional anguish you have experienced, are all factors that go into the jury’s decision regarding the amount of compensation you should receive.

In addition to economic and non-economic damages, the defendant may also be held liable for punitive damages, which are intended to serve as a form of financial retribution for particularly reprehensible behavior.

My husband died in a truck accident. Am I able to receive compensation?

Yes. A wrongful death claim can be filed under Arizona law on behalf of a deceased person’s family if the deceased person was involved in an accident that was caused by the negligence of another person or entity. A personal representative has the authority to submit a claim on behalf of:

• The decedent’s spouse
• The decedent’s minor children
• The decedent’s adult children who were dependent on the decedent for financial and emotional support
• The decedent’s parents

If a personal representative does not submit a claim for wrongful death within the first six months following the date of the decedent’s passing, the beneficiaries have the legal authority to do so on their behalf. The following types of damages may be granted as a result of a successful claim for wrongful death:

• Costs associated with funerals and burials
• Loss of income in the future
• The ache and the agony
• Loss of consortium is the term used to describe the emotional and physical distance that is created for the surviving spouse as a result of the death of the deceased partner.
• Punitive damages, if applicable.

How Negligent Trucking Companies Cause Accidents

Even though the majority of accidents involving commercial trucks are the result of driver error, there are a variety of ways in which trucking companies can be negligent, which can then result in a collision and serious injuries. The following are just a few instances of negligent behavior that may result in legal action being taken against trucking companies.

Hiring Practices. Every trucking company ought to have a thorough hiring process to guarantee that they do not let anyone who is hazardous or unfit to run their commercial vehicles. This will ensure that the firm is meeting its legal obligations. It is standard practice for trucking businesses to investigate a possible driver’s medical history, driving record, and criminal history, as well as credentials such as possession of a current commercial driver’s license and any necessary endorsements for the position.

A lot of the time, a company won’t do a complete background check on a candidate, or they’ll hire friends or family members even though they have a poor track record. If a company hires a person who has a history of driving under the influence of alcohol or other serious traffic violations, someone with a serious and untreated health issue, or any other red flags, that should indicate to the company that the driver will put other motorists in danger; the company could be held liable for negligence.

Insufficient Supervision or Discipline. A trucking firm has an obligation to its drivers and other workers to monitor their behavior at all times because they are its employees. If a truck driver violates a regulation or law, the employer should know about it through thorough surveillance and should take any disciplinary action that is necessary to prevent further harm in the future. For instance, if a driver fails a drug or alcohol test or has been driving while impaired, the company should immediately suspend the employee until they are certain that the employee has received the appropriate treatment. In this scenario, the company should take immediate action to suspend the employee.

If a driver is discovered to violate the hours of service regulations established by the Federal Motor Carrier Safety Administration (FMCSA), one a trucking company should keep close track of their time records to ensure that the driver does not continue to violate these regulations. It is possible for a company to be held partially accountable for any accidents that are caused by dangerous personnel if the firm fails to oversee or discipline its drivers adequately.

Failing to Perform Required Alcohol or Drug Tests. Because it is extremely reckless to go behind the wheel of a large commercial truck while under the influence of drugs or alcohol, the FMCSA imposes stringent regulations on all forms of commercial driving while impaired. To comply with one of the regulations2, trucking companies must conduct random drug and alcohol tests on their drivers regularly, either before or after the drivers’ shifts. In addition, if a motorist is involved in a collision that results in serious injuries or property damage, they must submit themselves to a test for drugs and alcohol.

When trucking companies fail to do the requisite chemical testing on their drivers, it may allow truckers who have problems with alcohol or drugs to continue driving while impaired without fear of being caught. If drivers are aware that their employers do not conduct drug or alcohol tests, they may even feel motivated to push the limits and drive while under the influence of drugs or alcohol.

What To Do After A Semi-Truck Accident.

Even though the majority of accidents involving commercial trucks are the result of driver error, there are a variety of ways in which trucking companies can be negligent, which can then result in a collision and serious injuries. The following are just a few instances of negligent behavior that may result in legal action being taken against trucking companies.

Hiring Practices. Every trucking company ought to have a thorough hiring process to guarantee that they do not let anyone who is hazardous or unfit to run their commercial vehicles. This will ensure that the firm is meeting its legal obligations. It is standard practice for trucking businesses to investigate a possible driver’s medical history, driving record, and criminal history, as well as credentials such as possession of a current commercial driver’s license and any necessary endorsements for the position.

A lot of the time, a company won’t do a complete background check on a candidate, or they’ll hire friends or family members even though they have a poor track record. If a company hires a person who has a history of driving under the influence of alcohol or other serious traffic violations, someone with a serious and untreated health issue, or any other red flags, that should indicate to the company that the driver will put other motorists in danger; the company could be held liable for negligence.

Insufficient Supervision or Discipline. A trucking firm has an obligation to its drivers and other workers to monitor their behavior at all times because they are its employees. If a truck driver violates a regulation or law, the employer should know about it through thorough surveillance and should take any disciplinary action that is necessary to prevent further harm in the future. For instance, if a driver fails a drug or alcohol test or has been driving while impaired, the company should immediately suspend the employee until they are certain that the employee has received the appropriate treatment. In this scenario, the company should take immediate action to suspend the employee.

If a driver is discovered to violate the hours of service regulations established by the Federal Motor Carrier Safety Administration (FMCSA), one a trucking company should keep close track of their time records to ensure that the driver does not continue to violate these regulations. It is possible for a company to be held partially accountable for any accidents that are caused by dangerous personnel if the firm fails to oversee or discipline its drivers adequately.

Failing to Perform Required Alcohol or Drug Tests. Because it is extremely reckless to go behind the wheel of a large commercial truck while under the influence of drugs or alcohol, the FMCSA imposes stringent regulations on all forms of commercial driving while impaired. To comply with one of the regulations2, trucking companies must conduct random drug and alcohol tests on their drivers regularly, either before or after the drivers’ shifts. In addition, if a motorist is involved in a collision that results in serious injuries or property damage, they must submit themselves to a test for drugs and alcohol.

When trucking companies fail to do the requisite chemical testing on their drivers, it may allow truckers who have problems with alcohol or drugs to continue driving while impaired without fear of being caught. If drivers are aware that their employers do not conduct drug or alcohol tests, they may even feel motivated to push the limits and drive while under the influence of drugs or alcohol.

Should You Settle Your Truck Accident Claim?

Whether you should settle your truck accident claim is determined by several factors. Individuals in car accidents tend to experience far more significant and devastating injuries when trucks are involved. Small passenger vehicles frequently do not stand a chance against massive trucks and, as a result, receive more damage. If you or a loved one were injured in a truck accident, you might be entitled to compensation.

Call A Phoenix Truck Accident Lawyer

Truck accident litigation is complex, and victims who do not retain legal representation risk accepting a settlement substantially below the value of their case. They may also say or do something that jeopardizes their capacity to heal. As a result, anyone injured in a truck accident should contact a personal injury attorney as soon as possible.

Medical Attention for Auto Accident Related Injury

If you have any doubts, seek medical attention for your injury either at the emergency room or as soon as possible with your primary care physician. Delay in care could exacerbate your injuries. Also, your injuries require documentation. Without documentation, any claim you might pursue could be adversely affected.

The Auto Accident Police Report

For many auto accidents there is a police report. Although this is certainly a good place to start, the police report in and of itself does not determine who was at fault, even if one or more drivers in the care accident were cited for a traffic violation.

The police officer investigating the car accident can cite a driver for a traffic violation, but the police officer is not a judge, and does not have legal authority to make a final determination about who was at fault.

Attorney Fees in Auto Accident Cases

Auto accident attorney fees are generally on a contingency fee basis. That is what we offer. If our client does not recover any damages, we do not get paid. The attorney fees come out of the injury settlement. But, the insurance company or governmental agency may be legally obligated to pay a pro rata share of your legal expenses if you retain an attorney. This may apply by state law, federal law, and/or contract.

Insurance Coverage for Auto Accidents

If another driver causes an auto accident you may be entitled to property damage, lost wages, medical expenses, and compensation for pain and suffering.

An injured person’s medical expenses are not awarded automatically. The injury victim must prove that the medical expenses are reasonable, related to the auto accident, and necessary. Just producing the medical bills in not adequate proof legally. An auto accident attorney can help.

The party at fault may not have enough, or any, insurance. In that event you will need to consider how to ascertain what other assets the party may have and how to establish a claim under your uninsured motorist or underinsured motorist coverage.

If your insurance company–whether auto insurance or health insurance–paid any benefits to you and you collect from an at-fault party, then your insurance company is legally entitled to be reimbursed from the settlement. This is also true of DSHS benefits as well as worker’s comp (or “L&I”) benefits. This legal rule is called subrogation. It is important that a personal injury settlement adequately account for this.