Car Accident Lawyer

In the immediate aftermath of a car accident, it can be difficult to think clearly. However, much of your case depends on the actions you take immediately after the accident. Insurance companies will look into your behavior surrounding the accident — whether you sought medical attention, whether you followed up with your doctor — and may use these facts against you in your case. If you fail to report the accident to the police, you lose out on important official records you may need for your case. So, no matter how overwhelming the accident, there are a few things that it’s important to do immediately after your accident.

Talk to the other driver (and don’t admit fault)

The worst thing you can do is to attempt to drive off immediately after the accident. Talk to the other driver and exchange insurance information with them. In the moment, you might think that you’re at fault for the accident, but you should never admit fault in this conversation. Even a passing comment in conversation could come back to hurt your case later, and you may not have all the essential information at the scene. Simply exchange insurance information and let authorities sort out the rest.

Call the police while still on the scene

If the car crash ends in personal injury, death, or if there’s potentially property damage exceeding $1,000, calling the police isn’t a suggestion but a legal mandate. Even if you’re unsure your car accident meets that criteria, it’s a good idea to call the police anyway. The police will create a report, which will offer a legal record of the case. Without this police report, you may not have enough evidence to pursue a personal injury claim.

Take pictures

This is also key to your case down the road. The more evidence you’re able to present, the better. Take pictures of the cars, the accident scene — especially any skid marks or debris — license plates, and of course yourself in the case of a serious injury.

Seek out medical attention

Once you’ve exchanged insurance information with the other driver and talked to the police on the scene, go to the hospital. You may not think in the moment that your injuries are very severe, but some symptoms have a delayed onset and when you’re full of adrenaline after an accident, some internal injuries may be slow to manifest. If injuries become apparent later, insurance companies will question why you didn’t seek medical attention right away. For the sake of your health and your case, it’s best to go to the hospital right away.

Any personal injury can cause expenses to rack up quickly, and car accidents are no exception. You may find yourself dealing with hefty hospital bills, as well as struggling to make ends meet due to lost wages from time off work or losing your job. These bills can be a struggle to take on by yourself, and if your accident was because of the carelessness of another person, they may not be your responsibility. Here are the different types of compensation to which you might be entitled after a car accident:

• Medical Expenses. Any medical bills that you have to pay as a result of an accident, injury, or death of another person, can be compensated in the event that the accident was the fault of another party.

• Lost Wages. Had to take time off work to recover, or lost your job because of your accident? You can claim lost wages and have that amount compensated. If you will be unable to work for some time, or have lost a loved one in the accident, you can also be compensated for lost future earnings.

• Funeral Expenses. If you lost a loved one as a result of the accident, any funeral expenses can also be compensated.

• Pain and Suffering. Pain and suffering is awarded when the plaintiff has suffered extensive physical or emotional suffering, such as depression, anxiety, limitations on your usual activity, or scarring.

• Loss of Companionship. Losing a loved one is always hard, and the emotional strain of the loss of their companionship and support can be one of the hardest things to face. Fielding Law’s personal injury team can help you get the compensation you deserve for loss of companionship in the event that the worst happens.

• Punitive Damages. Punitive damages are often awarded in the event that the accident was caused by gross negligence or misconduct on the part of the other person. For instance, drunk driving cases and, in some instances, distracted driving cases can be cause for punitive damages.

Unfortunately, no one can turn back the clock and undo your car accident or take away the pain that you may experience as a result. However, with representation from Fielding Law, you can be compensated for some of the biggest stressors following the accident in order to help you move on with your life.

If you were involved in a multi-car collision, you may be wondering who is at fault and liable for damages. As with any car accident, fault is usually determined by figuring out which driver acted negligently. In some situations, more than one party may be responsible for a car accident – especially when involving multiple vehicles. 

Insurance companies and courts examine various factors and circumstances before assigning fault in multi-vehicle accidents. Some things that they consider are:

• The location of the accident

• Whether the driver violated any traffic laws

• Weather and road conditions

• Whether any of the drivers were under the influence of drugs or alcohol

• The extent of damage done to each vehicle
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When determining fault, insurers may also gather and examine evidence such as eyewitness statements, police reports, surveillance or dashcam footage, vehicle data recorder information of the vehicles involved, and the presence of any skid marks on the road. 

If you don’t agree with how your insurance company assigned fault after a multi-vehicle car accident, you can speak to a personal injury lawyer. He or she can investigate your claim, and help assign liability.

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The latest figures from the National Highway Traffic Safety Administration (NHTSA) show an increase in both traffic crashes and deaths over recent years. 

In 2021, there were a total of 6,063,428 non-fatal car accidents on US roads. This represented an increase of 16 percent from 2020, a number the NHTSA called “statistically significant.” These accidents caused injuries to 2,497,657 people, an increase of 9.4 percent from the previous year.

2021 was also the deadliest year on US roads since 2007. A total of 39,508 crashes resulted in 42,939 people losing their lives, almost 4,000 more fatalities than in 2020. 

It is true that 2021 saw an 8.1 percent increase in vehicle miles traveled, which is understandable as during 2020 many people changed their driving habits due to the COVID-19 pandemic. However, the increase in traffic crashes, injuries, and deaths is still greater than would be expected from the slight uptick in miles traveled.

The deadliest month was October 2021, which saw 4,101 deaths across the nation. The next most dangerous was August, with 4,013. August also included the most deadly day in 2021, with 201 deaths on Saturday, August 7th. Perhaps due to the inclement weather in much of the country during the month of February, this was actually the safest month, with only 2,561 deaths. 

Saturday saw the peak number of fatal accidents throughout the year, with non-fatal accidents peaking on Fridays. The peak time for accidents to happen across the year was between 4:00 PM and 7:59 PM.

Rural accidents proved more deadly, with 60 percent of fatal crashes occurring outside of urban environments. These statistics showed a slight shift, with fewer fatal crashes in rural areas in 2021.

Additionally, the statistics show that drivers under the age of 24 were most likely to die in car wrecks. Drivers aged 16 to 19 experienced the highest percentage of fatal crashes, with 50 crashes per 100,000 licensed drivers. The rate for ages 20 to 24 was 44 per 100,000. 

The numbers steadily drop as drivers age, before rising again for drivers aged 75 and older. Drivers in this age bracket had a rate of 20 per 100,000 drivers.

2023 Update For Fatal Accidents

The NHTSA has released early estimates for motor vehicle traffic fatalities for last year, 2023. In the data we can see a drop in road fatalities from 2022. In total, 2023 had 3.6% less car accident fatalities.

Unfortunately, as common as car accidents may be, they’re usually preventable. Negligence and human error, from simply forgetting a turn signal to drunk or distracted driving, are often the cause. If your car accident was caused by the negligence of the other driver or another involved party, you may be entitled to compensation. Here are some common causes of car accidents in the United States.

• Distracted Driving. These days, distracted driving causes more car accidents than drunk driving. It’s often said that as a society, we’re attached to our smartphones, but when you’re behind the wheel of a car, texting and driving or even just reading a message can have disastrous consequences. Drivers should never text, eat, read, or apply makeup while driving. You might think that you can multitask, or that you’re only taking your eyes off the road for a second, but that second can make the difference between arriving at your destination safely and a car accident.

• Speeding. Most drivers feel as though they’re on a hurry to get somewhere, so some drivers will justify driving over the speed limit, especially on the highway. It may seem like a small infraction, but higher speeds mean slower reaction times, so speeding cars may not be able to move or stop soon enough to stop an accident. Speeding can even lead to accident pile-ups in some cases.

• Drunk Driving. In all 50 states, driving with a blood alcohol concentration (BAC) limit above .08% means driving under the influence. In Utah it’s even lower at just .05%. It may not feel like drunk driving. It may simply feel like buzzed driving, but this slows your attention and reaction time on the road, making accidents much more likely. Drunk driving is most likely to occur on the weekends or during the holidays, when people are most likely to be out drinking socially. If you drink when you’re out with friends, make sure to get a ride home, take a rideshare or a taxi home.

• Reckless Driving. Many accidents are caused simply because the driver wasn’t paying enough attention or was otherwise careless. For instance, they might change lanes or merge into traffic without looking, or they might make a turn without turning on their turn signal. Tailgating and ignoring traffic lights count as reckless driving, but so does driving a cars that’s known to be defective, such as cars with defective brakes.

• Drag Racing. Street racing is illegal in most states, and for good reason. Some drivers see it as a thrilling pastime to rev their engines and start to race each other, but unfortunately, they’re rarely the only cars on the road. If driving a few miles over the speed limit can slow reaction time and increase the likelihood of accidents, the extreme speeding of drag racing can have catastrophic events. According to nationwide statistics, about 49 drivers out of every 1,000 who participate in street racing are subsequently injured.

• Design Defects. Sometimes the car manufacturer gets something wrong. It could be an issue with faulty brakes or rollovers, as has been the case in famous car accident cases. A defective ignition switch, delayed airbags, or flawed tires can also be the cause of serious car accidents. These cases can be especially terrifying, as the driver has little control over their vehicle in the accident. In these cases, even if you were the driver of the defective vehicle, you may not be at fault and may be entitled to compensation from the car or car part manufacturer.

Car accidents vary in nature, from a rear end collision to a side impact, head-on collision, and more. Thus the injuries that can occur from car accidents tend to vary in nature. In a major car accident, injuries are far more likely to occur and can be quite severe. Even in minor car crashes, however, there can be serious injuries that require medical attention and can take time to recover from.

A few common physical injuries as a result of a car accident include:

• Broken bones

• Whiplash

• Scrapes and cuts, which could lead to infection

• Concussions or traumatic brain injury (TBI)

• Internal bleeding or organ damage

• Spinal cord injuries

However, it’s not just physical injuries that could be a concern. The trauma of a car accident can also leave mental and emotional scars, particularly in the event of serious car accidents. These wounds also require recovery time and can severely impact your quality of life. If you suffer from any of these effects in the wake of your car accident, you may be entitled to pain and suffering compensation.

• Extreme stress

• Anxiety or depression

• PTSD

• Insomnia or night terrors

• Triggers that cause you to relive your trauma

• Emotional withdrawal

• Loss of relationships

There are two types of damages available in a car accident case: economic and non-economic. Economic damages can be established with an invoice or bill, such as medical expenses and lost wages, whereas non-economic damages are more difficult to calculate. 

Non-economic damages are subjective, meant to compensate victims for the physical and emotional pain he or she has suffered as a result of the accident. How can a fair amount be determined?

There are two main ways of calculating pain and suffering: the multiplier method and the per diem approach.

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Everywhere you look – billboards, buses, public benches – there are advertisements for personal injury law firms. With dozens of car accident lawyers to select from, how do you choose the right one for you and your situation? 

Consider the following tips on how to find a reputable lawyer to represent you after a car accident:

1. Research car accident lawyers in your area. Things you might look for in your search are how many years of experience they have, what type of law they practice, and whether they have trial experience. 
2. Read reviews, testimonials, and feedback. If you find a car accident lawyer you are interested in hiring, ask for references you can contact and speak to. Read online reviews and any testimonials posted on their site. 
3. Take advantage of a free consultation. Most car accident law firms offer potential clients a free review of their cases. This will allow you to ask questions, see how well the attorney communicates, and get a feel if the lawyer is the right one for you.

Make sure to choose a car accident lawyer that you personally feel comfortable with. The success of your claim may partially depend on how well you trust and communicate with your attorney.

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After being involved in a serious car accident, you may be wondering, “Will I have to go to court?” If you are confused about your obligations following a car accident, be assured that you are not alone. When law enforcement, insurance companies, and other parties get involved, it’s easy to become overwhelmed and unsure about what is required of you. 

The reality is that most car accident claims do not go to trial. Typically, insurance companies prefer to negotiate and settle out of court. However, there are some situations where you may choose to go to trial or be required to. 

The following are two of the most common reasons why a car accident case would require you to go to court:

• You were summoned: The other party is blaming you for the incident and filed a lawsuit against you. If you were summoned to court, you are required to go. 

• You filed a lawsuit: Sometimes the act of filing a claim motivates the other party and their insurance company to settle. However, if they refuse to settle on reasonable terms, you may have no choice but to file a lawsuit and perhaps even go as far as a trial. 

Car accidents can be physically, emotionally, and financially stressful. Thankfully, the majority of car accident cases can be resolved without the added burden of going to court.

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While not all car accident claims do not always result in a settlement, you do always have the right to file a claim and pursue compensation for your losses. The first step in receiving a settlement is to file a claim with your insurance company. 

It is recommended to take the following steps after filing a claim:

1. Get medical treatment and follow the doctor’s directions for care
2. Collect evidence such as photographs of the scene of the accident and eyewitness statements
3. Calculate your damages including medical bills, vehicle damage, lost income, and other expenses from the accident
4. Cooperate with your insurance company, while being cautious not to say anything that could be construed as an admission of fault

Following a car accident, the insurance company may offer you a quick payout that covers your medical bills, property damage, lost income, and other damages. However, in other situations, you may need to negotiate for a better settlement. 

Anyone who has been severely injured in a car accident may exhaust the amount of money covered by the insurance company and need to file a personal injury lawsuit. If you have any questions or concerns about the settlement process, speak to a car accident lawyer before accepting an offer.

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You can represent yourself in a car accident case, but this undertaking can take a significant amount of time and effort. The steps that must be taken include filing paperwork, collecting evidence, calculating your damages, and negotiating with the insurance company. 

All of the above can be incredibly stressful, which is not good for your health and recovery. You should consider this fact first, especially if you were severely injured in the accident.

When can you handle your own car accident claim?

You may choose to represent yourself if your case is relatively straightforward. For example:

• The other driver admits fault and his or her insurance company will readily pay for damages

• Your injuries and property damage were minor

• You are filing a simple claim with your insurance company that will cover your losses

Nevertheless, you should consult a lawyer before you make your final decision, to make sure that all your options are considered. There may be certain conditions of your car accident that will complicate the case much more than expected.

When is it a good idea to hire a car accident lawyer?

The following are some situations where representing yourself may not be your best option:

• The insurance company refuses to negotiate and offers an amount less than your medical expenses and other losses

• You suffered moderate to serious injuries that will require long-term treatment

• The insurance company has denied your claim

If you are unsure whether or not to represent yourself in a car accident case, most car accident lawyers offer all potential clients a free case evaluation.

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Yes, you can sue after a car accident if you were not hurt. Even if you were not injured in the collision, you may have sustained losses. Typically, these losses will be in the form of property damage. An accident may not hurt you but could still damage your vehicle. 

If your accident was caused by someone else’s negligence, then that person should be financially liable for any damage to your property. This could include reimbursement for:

• The cost of repairing or replacing your vehicle

• Damage from the car accident to your personal property (laptop, smartphone, glasses, etc.)

• Lost wages due to lack of transportation

• The cost of a rental car or public transportation (while you wait for your vehicle to be repaired)

In order for your claim to have its best chance of success, you must call law enforcement to the scene following an accident even if you did not sustain injuries. The police will file an official report of the incident, which will make your accident case stronger. 

Typically, if the accident wasn’t your fault, your insurance adjuster will file a property damage claim through the negligent parties insurance company. However, if the at-fault driver is uninsured or the insurance company offers you a settlement that doesn’t cover your losses, you may need to file a lawsuit.

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When filing a car accident claim or lawsuit, strong evidence to prove your side of the story is key. The information that you provide your car accident lawyer can go a long way by helping him or her fully understand the accident and build a solid case on your behalf. 

The following are just a few of the documents your attorney may request from you:

• The police report: An official police report can serve as strong evidence that the other party was responsible for the accident. You can request a copy of the report from the law enforcement agency that responded to the scene.

• Tickets/citations: A traffic ticket can be used to prove fault in a car accident. A citation may be issued if the other driver was drinking, speeding, texting, or engaging in other reckless behavior. 

• Medical records: Your car accident lawyer will need copies of your medical records to show that you sustained injuries in the crash. This will also prove that you sought medical attention and followed the doctor’s prescribed medical treatment, which racked up damages that need to be evaluated and covered.

Once you hire an attorney, he or she will provide you with a complete list of all the documents needed to build a solid car accident case on your behalf.

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If you were involved in a car accident caused by another driver, you may be expecting that person’s insurance policy to cover the cost of your damaged vehicle, medical bills, and other losses. But what happens if you were hit by a driver who is uninsured? Despite the fact that driving uninsured is illegal, approximately 14 percent of motorists in the US do not have auto insurance.

The benefits of uninsured motorist coverage

Uninsured/Underinsured Motorist (UM/UIM) is offered by most car insurance companies as add-on coverage. It helps pay for your damages if you were hit by a driver who doesn’t have insurance or wasn’t carrying the minimum insurance requirements.

Uninsured motorist coverage is optional in most states but required in others If you are unsure whether or not you have this coverage, you can contact your insurance agent to find out.

Should you sue the uninsured driver?

If you do not have UM/UIM coverage, or if your losses are greater than the insurance coverage provides, you may consider filing a lawsuit against the at-fault driver. Before taking this course of action, it is recommended to seek advice from a trusted car accident lawyer. 

The majority of uninsured drivers lack insurance because they have limited funds. So if you attempt to sue an uninsured driver for damages, there may be limited assets to recover compensation from.

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It is always stressful to be involved in a car accident, but your anxiety may be heightened if you think (or know) that you caused the collision. Whether or not you are to blame for the accident, try to remain calm. 

The actions you take following the auto accident will depend on the state you live in, your insurance policy coverage, and whether you were fully or partially at fault for the collision. 

At-fault vs. no-fault states

Liability for damages will depend on whether you are in a fault or no-fault state. To be specific:

• In fault states, the insurance company of the driver who caused the accident will be financially liable for any injuries incurred

• In no-fault states, each driver’s car insurance policy should cover his or her losses

Can an at-fault driver recover damages?

Even if you were the one who caused the accident, you may be able to recover compensation for your losses. Depending on your policy, this could cover damages for:

• Medical treatment

• Property damage

• Lost wages 

• Wrongful death

If you need assistance with your auto accident claim, the personal injury lawyers at Fielding Law are here to help. Even if the insurance company offers you a seemingly sizable settlement, you will want to talk to us first. It’s possible that you could get much more.

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Were you in a car accident recently? You could be entitled to monetary awards called damages. Damages compensate victims financially for their losses.

However, every accident is unique, and each state has its own laws. At Fielding Law, we offer free personalized case reviews to Utah, Texas, Arizona, and Idaho car accident victims. During your consultation, you can discover whether you are eligible for the following damages:

• Property repair or replacement: The funds necessary to fix or replace damaged or destroyed property, such as cars, fences, buildings, or items inside your vehicle at the time of the accident

• Medical expenses: The cost of your accident-related medical treatment, transport, and aftercare

• Lost wages: Replacement of the income you would have received had you not been in a car accident

• Pain and suffering: Compensation for the physical pain and psychological effects of your motor vehicle crash

• Wrongful death expenses: Reimbursement for funeral and burial costs, as well as compensation for your loss of companionship

• Punitive damages: Punishment for gross negligence or misconduct by the at-fault party

Knowing that you deserve damages is one thing. Getting the compensation you deserve for your losses is another matter. Fielding Law’s auto accident attorneys can help you learn more about what damages you can collect in a free consultation.

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After a car accident, it is important to take the following steps to protect your rights:

1. Get medical attention for those injured in the accident. Keep all records and receipts of your treatment. 
2. Call the police so that they can make a record of the events. Take note of the officer’s name and badge number. 
3. Collect contact information from others involved in the accident. You will need names, phone, driver’s license, and insurance policy numbers.

• Ask eyewitnesses for names and contact information.

1. Take pictures of the vehicles and the damage caused by the accident if possible. Write down the make, model, and year of other motorists’ vehicles.
2. Contact an attorney as soon as possible. Even from the scene of the accident, we can give you valuable tips that will come in handy later. 
3. Refrain from signing any document or admitting fault, even if you think you were the one to blame for the collision.

How can you take advantage of your rights if you do not know what they are? Fielding Law’s auto accident attorneys offer free consultations to help you understand your legal options.

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Many people dread seeing a doctor. Yet, there are good reasons to consult a physician without delay after a car accident.

First of all, a lack of pain does not mean you aren’t hurt. Emotions provoked by stressful events can trigger the release of pain-masking chemicals such as adrenaline and endorphins. As a result, valuable hours or days could pass before you detect something wrong.

Additionally, not all serious conditions produce noticeable symptoms immediately. For instance, you could unknowingly suffer:

• Whiplash

• Concussion

• Sprained muscles

• Fractured bones

• Internal bleeding

Failing to seek professional attention could worsen your injuries. On the other hand, early intervention can improve medical outcomes. 

Besides the benefits to your health, there is another strong reason to get a checkup sooner rather than later. If your doctor does diagnose an injury, the medical record will serve as evidence for your personal injury claim. Without it, profit-hungry insurance companies could try to use your delay as an excuse to deny the seriousness of your injuries.

Why take the chance? Getting medical attention after your car accident is the wisest choice.