Category: Car Accidents

Car accidents are a common cause of accidents in the U.S. and may lead to unexpected medical bills, property damage, and other challenges. If you’ve been in a crash, you may wonder if you need an attorney to handle the insurance claim or possible lawsuit. 

In some cases, hiring a car accident lawyer can make a big difference in the amount of compensation you receive and the ease of navigating the legal system. Read on to learn when hiring an attorney after a collision is in your best interest.

Serious or Long-Lasting Injuries

If your injuries are minor, like small cuts or bruises, you might feel comfortable dealing with the insurance company yourself. However, major injuries such as broken bones, traumatic brain injuries, or spinal damage often result in extensive medical bills and long recovery times. Insurance companies may try to downplay these injuries or quickly offer a low settlement. 

An attorney can:

• Collect medical records to prove the full extent of your injuries
• Gather expert opinions regarding future healthcare needs and expenses
• Negotiate with insurers who want to minimize payouts

When permanent disabilities or months of rehabilitation are involved, a lawyer can help ensure you don’t get stuck with unpaid medical bills or inadequate compensation for lost wages and other losses.

Unclear or Disputed Liability

Sometimes, it’s obvious who caused the accident. But in many cases—especially multi-car pileups or crashes involving complex traffic situations—figuring out liability can be difficult. States follow various comparative fault rules, which means each driver can be assigned a percentage of fault for an accident. If you’re found partly responsible, your total compensation might be reduced.

Insurance adjusters might blame you for the crash, even if the other driver was at fault. A lawyer can investigate the incident and work to gather evidence on your behalf to minimize the level of fault you’re assigned.

Insurance Company Tactics

Insurance companies generally want to settle claims quickly and for as little money as possible. Some of the tactics they might utilize include:

• Offering an early, lowball settlement that doesn’t cover all your costs
• Delaying processing your claim or failing to return your calls
• Requesting repeated or unnecessary documentation to wear you down

A seasoned attorney recognizes these tactics and can respond effectively. They’ll know when insurers are acting unreasonably or violating fair claims practices. Plus, they can advise you on whether a settlement offer is fair—saving you from accepting far less than what you deserve.

Disputed Damages or High Financial Stakes

Even if fault is clear, insurance companies sometimes argue about how much you should be paid. You might seek compensation for your economic damages (e.g., lost wages and medical bills) and non-economic damages (e.g., pain and suffering). 

Hiring a car accident lawyer can safeguard your financial interests when these amounts are large, such as if you need surgeries or long-term medical care. An attorney can gather pay stubs, doctor’s letters, and other documents proving the total impact of the crash on your life.

Get in Touch With a Car Accident Attorney for a Free Case Review

If any of these factors apply to your crash—or if you simply feel overwhelmed—it might be time to consult a car accident lawyer. Even in simpler cases, having legal counsel can save you stress and increase your chances of a fair outcome. Many attorneys offer a free consultation and work on a contingency fee basis, meaning you only pay if they recover money for you.

Nevada is an at-fault state for car crashes, meaning drivers responsible for motor vehicle accidents can be held civilly liable for damages. In some cases, a collision may also result in criminal charges.

As a result, a person could face both a car accident lawsuit and criminal prosecution for the same incident. In such a situation, consulting both a personal injury lawyer and a criminal defense attorney is advisable.

What Types of Scenarios Could Result in Criminal Charges for a Car Accident?

In many cases, car accidents result in traffic infractions. However, traffic tickets are typically not criminal charges. The driver pays a fine, but they do not have a criminal record or face jail time.

However, several Nevada laws could result in criminal charges if a driver causes a car accident. Examples of car accidents that could result in criminal prosecution include, but are not limited to:

DUI Accidents 

Driving under the influence of alcohol and/or drugs is illegal under Nevada DUI laws. Suppose a drunk driver causes a car accident. The police will likely arrest the driver for driving under the influence or DUI per se (driving with a BAC above the legal limit).

Hit-and-Run Accidents

Drivers might fail to stop at an accident scene for many reasons. For example, the driver might not have car insurance or a valid driver’s license. The person could have outstanding criminal warrants or be afraid of immigration consequences. 

Whatever the reason for fleeing an accident scene, it is against the law under one or more Nevada laws. If law enforcement identifies the hit-and-run driver, the person could be charged with a misdemeanor. The charge would increase to a felony if the car accident resulted in serious bodily injury or death.

Reckless Driving

Reckless driving can result in criminal charges, especially when the driver causes an accident while operating a motor vehicle recklessly. Reckless driving typically occurs when a driver operates a motor vehicle with a willful or wanton disregard for the safety of other people or property. Participating in unauthorized trick driving or speed races can also result in reckless driving charges. 

A reckless driving charge is a misdemeanor. However, if the driver causes a car accident that results in death or serious bodily injury while driving recklessly, the state can charge the driver with a Category B felony.

Vehicular Manslaughter 

Some car accidents result in a wrongful death. The driver could be charged with vehicular manslaughter under Nevada Revised Statute §484B.657. 

The driver does not need to intend to cause a car accident or harm someone to be found guilty of vehicular manslaughter. If the driver’s negligence caused the crash that resulted in the person’s death, they could be convicted on criminal charges. Vehicular manslaughter charges could result from a distracted driving accident, failing to yield the right of way, drowsy driving, illegal turns, and other traffic infractions or general negligence. 

What Is the Difference Between Criminal Charges and Civil Liability for a Nevada Car Accident?

A criminal case and a civil liability claim are separate cases. The criminal case is brought by the state and tried in criminal court. A civil lawsuit is filed by the injured party and heard before a jury or judge in civil court.

Criminal charges for a Nevada car accident could include incarceration, fines, a suspended driver’s license, community service, and other criminal penalties. The punishment depends on the specific criminal offense and the facts of the criminal case.

However, a civil claim for a car accident is about making the injured party “whole” by compensating the victim for damages caused by the car crash. 

Damages for a car accident claim include economic damages. These damages represent the financial losses and expenses incurred by the injured party. Examples include lost wages, medical bills, and out-of-pocket expenses.

A car accident claim can include non-economic or “pain and suffering” damages. These damages compensate the victim for emotional distress, physical pain, mental anguish, decreased quality of life, and permanent impairments. Non-economic damages can also include scarring, disfigurement, and the loss of enjoyment of life. 

Does a Criminal Case Affect a Civil Car Accident Claim?

The outcome of a civil case or criminal case for a car accident does not depend on the outcome of either case. For example, the state might not charge a driver with a crime after a car accident or the driver could be acquitted of the criminal charges. However, the victim might still recover compensation for a civil liability claim.

Likewise, a criminal conviction does not guarantee the victim will win a personal injury claim. Victims of car accidents can benefit from consulting a personal injury lawyer about their rights and options after an accident. Contact an injury attorney today to schedule a free consultation.

Car accidents are one of the leading causes of injury and death in Austin. These collisions generate more personal injury claims than any other type of accident. If your accident resulted in an injury, you may be entitled to compensation. 

Car accident lawyers recommend taking certain steps to protect your accident claim — and your health. Here’s what to do after a car accident in Austin, TX:

Steps You Should Take Immediately After the Accident

Immediately after the accident, you should take the following steps (unless your injury prevents you from taking one or more of them.
 

• Call 911 and seek medical treatment for yourself and others. This is your highest priority. Perform any other activities while you are waiting for the ambulance to arrive, and only to the extent that you don’t hurt yourself that way.
• Cooperate with responding police officers so they can take a police report. This step could help you document your injury claim. Do not leave the scene of the accident until the police or the ambulance arrive. It is against the law in Texas to leave the scene of an accident.
• Exchange information with the other driver. Get the other driver’s name, address, phone number, insurance information, and license plate number. Texas law requires the exchange of contact and insurance details. Also, get contact details for any witnesses.
• Take photos and videos. Photograph anything that might be relevant, including all injuries and property damage.
• Document the scene of the accident. Record information such as the weather and anything else that might have contributed to the accident.

Attending to your medical needs should be your first priority. Addressing your legal needs is a close second.

Steps to Take in the Days and Weeks Following The Accident

Once you’ve received medical attention, you will need to take additional steps to protect any future injury claims you intend to file. These steps include:

• Collect your medical records and bills. Medical records are some of the most reliable forms of evidence in existence.
  
• Inform your insurance company of your accident as soon as possible —even if you plan to press a third-party claim against the at-fault driver’s insurance. The terms of your insurance police might even require you to do this. Speak to your lawyer about what information to divulge. 
• File a report with the Texas Department of Transportation if the accident resulted in injury or death or if property damage appears to be over $1,000. Police officers will complete this report if they respond to the accident.
• Strictly follow your doctor’s orders and attend followup treatments. This step is important to your recovery. However, following your doctor’s order will also prevent other parties from claiming you “failed to mitigate your damages” and reducing the value of your claim on that basis. 
• Get an estimate of the extent of your car’s property damage. Get something in writing from a garage.

Taking these steps will ensure you have documentation to support your personal injury claim. These steps could drastically improve your odds of winning a full settlement for your losses.

A Final and Important Step

The most important thing you can do for your injury claim, aside from seeking medical attention, is to contact an experienced personal injury lawyer to discuss your case. Your personal injury attorney can help you understand your legal rights and options for recovering compensation. They can help you investigate and gather evidence of your injuries and the other party’s negligence. 

Your attorney can also help you calculate the value of your losses and give you an accurate idea of the value of your claim. In short, they can handle all legal aspects of your case and put you in position to maximize your claim’s worth. Contact an experienced lawyer today to schedule a consultation to discuss your claim. Most injury law firms offer free consultations.