Table of Contents
- Car Accident Law and Your Rights
- Key Rights You Should Know After a Car Accident
- Your Right to Remain Silent
- Your Right to Understanding Fault and Liability
- You Have the Right to Call the Police
- Your Right to Medical Care
- You Have the Right to Document the Accident
- You Have the Right to Request Legal Representation
- Your Right to Adequate Compensation
- Merck Law is Your Trusted Car Accident Lawyer
Car Accident Law and Your Rights
Cars are big, expensive vehicles. Even a minor scratch on a car can set you back thousands in insurance premiums. More serious accidents can lead to drivers losing their licenses, serious injuries, and emotional damages.
The steps you take immediately after a car accident will ensure you get compensated for damages. And if the accident was your fault, they may keep you protected. You can document the accident, take pictures, or call the police to establish exactly what happened.
Don’t let other drivers or anyone else on the scene intimidate you or make you feel like you don’t have the right to begin defending your case immediately after the accident occurs. Your actions will ensure you get justice for your claim. They will protect you if insurance companies try to slant the story to cheat you out of money.
Key Rights You Should Know After a Car Accident
You have several rights after a car accident. Here are some important ones to consider:
- The right to remain silent: You don’t need to say anything that might incriminate you.
- The right to understand fault and liability: Fault and liability help you understand who is responsible for damages.
- The right to get medical care: Medical care does more than ensure good health. It can help you build a strong case.
- The right to call the police: The police will create a report which can serve as valuable evidence.
- The right to document the accident: You can take pictures, collect witness information, and more.
- The right to request legal representation: A car accident lawyer will protect your rights, no matter how serious the accident may be.
- Your right to adequate compensation: In some states, you may receive compensation, even if you were partially at fault for the accident.
Your Right to Remain Silent
Many of us are familiar with the Fifth Amendment. “You have the right to remain silent. Anything you can say can and will be held against you in a court of law.”
You may not be arrested at the scene of a car accident, but the principle underlying the Fifth Amendment still applies- including the part about anything you say being held against you, so you may just want to keep your mouth shut!
Insurance companies are notorious for slanting stories to pay the least amount of money possible. They may take the things you say at a car accident scene out of context and try to use them against you later. Even the most innocent statements can be turned around making it seem like you are at fault for the accident.
The best course of action is not to say anything. You don’t have to answer any questions the police, other drivers, or witnesses ask. Keep yourself protected until you can talk to a personal injury attorney.
Your Right to Understanding Fault and Liability
Fault and liability refer to who is at fault for the accident and who is liable for damages. These laws change from state to state. You should understand the fault and liability laws that apply in your state.
As an auto accident lawyer serving Georgia and South Carolina, we know both are at-fault states. Drivers in these states are responsible for paying for damages for the accident they cause including personal injuries and property damage. The driver who suffered damages will typically file a claim with the at-fault driver’s insurance company to receive compensation.
They are also comparative negligence states. That means that a driver less than 50% at fault for an accident can still file a claim and collect damages that equal the other driver’s negligence percentage.
For example, if a driver is 80% responsible for the accident, the other driver can collect 80% compensation for damages. So, if total damages are $10,000, they can collect up to $8,000. However, if you are 50% or more at fault for an accident, you cannot claim any damages.
It’s good to understand fault and liability so you know what to expect if you are involved in an accident. However, if you need clarification, look up a personal injury attorney near me, right away. They will explain your rights and ensure they are protected.
Your Right to Medical Care
Medical care does more than address injuries before they get worse. Your medical report can serve as evidence for your claim. It establishes that you were injured. It can also reveal the manner of the accident, such as how the driver hit you and at what angle.
Many people wait to get medical care after a car accident. However, it’s best to get looked at right away, even if you don’t think you are badly injured. If you don’t get medical help immediately, insurance companies may say that your injuries aren’t related to the accident and happened after the fact.
If you get medical help right away, your injuries will be directly linked to the accident so it’s more difficult to dispute them.
You Have the Right to Call the Police
Not every accident requires police attention, but you always have the right to call the police. The police will create a police report that establishes the events of the accident. The report can serve as valuable evidence to prove your claim.
You should call the police if there are injuries, significant damage, or a dispute regarding how the accident happened. However, even in the event of minor damage, you may want to call the police. The insurance company may require a report for certain claims.
You Have the Right to Document the Accident
A police report can serve as valuable evidence in a car accident claim. Documentation can also be helpful. It will help you prove what happened, so you collect fair compensation.
Pictures may be the best way to document an accident, and since everyone has a cell phone these days, it’s easier than ever. Be sure to take pictures of any damage or injury that occurred. Take photos from multiple angles to establish the circumstances of the accident.
Other types of documentation include the names of witnesses who may testify to back your claim later. You should also collect the other driver’s license and insurance information.
You Have the Right to Request Legal Representation
No matter how big or small that accident may be, you always have the right to call a car accident lawyer. A lawyer can do anything from fight tickets to ensure you are fairly compensated for extensive damages. They will gather evidence to help you prove your claim.
Lawyers are especially helpful when you’re going against insurance companies. These companies often skew your words to avoid making large payouts. A lawyer will speak to insurance providers or guide you on what to say to ensure you don’t incriminate yourself or fall for any of the tricks insurance companies use to undermine or devalue your case.
Your Right to Adequate Compensation
You have the right to file a claim against anyone you believe may have contributed to your car accident damages. The compensation you receive will vary depending on the extent of the damages and the types of damages you are eligible to collect.
Damages are typically classified as economic and non-economic. Here is a breakdown of each.
Economic Damages
Economic damages affect your ability to make money or result in expenses related to the accident. Examples include:
- Medical Expenses: The at-fault party may owe damages for the medical care needed immediately after the accident and any ongoing medical care you may require due to your injuries.
- Vehicle Damage: You may be compensated for vehicle damage repairs for everything from minor scratches to totaled vehicles.
- Lost Wages: People often take time off work to recover from car accident injuries. The at-fault party may be responsible for compensating the injured driver for lost wages.
Non-Economic Damages
Non-economic damages refer to the emotional pain and suffering the accident may have caused leading to a reduced quality of life. It can be difficult to find a monetary value for these damages, but your auto accident lawyer will use their years of experience to arrive at a number.
Merck Law is Your Trusted Car Accident Lawyer
Merck Law is a personal injury law firm serving Georgia and South Carolina. We can help clients win settlements for personal injuries, catastrophic injuries, car accidents, truck accidents, and premise accidents. We will make sure justice is served.
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