If you or a loved one has been involved in a car accident or if you just want to be prepared in case you are ever involved in one, knowing and understanding motor vehicle accident law can help you get compensation if you are injured and plan to sue. While it's always important to consult a lawyer with experience and a solid understanding of car accident law, it's a good idea to learn the laws that might affect you.
Here is just some of what you should know about motor vehicle accident law.
What Motor Vehicle Accident Law Covers
Motor vehicle accident law covers what your insurance company and the courts look at when dealing with how much compensation might be awarded to you after an accident occurs. It can also cover any potential criminal charges that might be laid on either driver due to driving under the influence, distracted driving, or negligence in maintaining their car, thereby causing the accident.
Motor vehicle accident law is primarily the responsibility of each state, and you will find that most states' laws are very similar. It is mostly up to you if you are suing the other driver to prove that they were responsible for the accident due to negligence or driving under the influence. A DUI might be easier for you to prove in court because the police report will also contain any roadside tests and/or blood and breathalyzer tests performed. Your lawyer should be able to gain access to this information.
If you are claiming personal injury compensation due to the accident, you will need to prove any disabilities or injuries were a direct result of the accident and the fault of the other driver.
Learn What To Do After An Accident
It's important to know what to do immediately after a car accident and how it can help your case under motor vehicle accident law.
You should know not to admit fault for the accident or even accuse the other driver of the accident at this time. If possible, you should record any conversation you have with the other driver using your cell phone or by writing it down. Inform the other driver or any witnesses you speak with that you are recording the conversation so you will be able to use it in court if need be.
Contact police and ambulance, even if no one has an obvious injury; it's possible that there could be internal injuries that won't present themselves right away.
In the days after an accident, learn the statute of limitations for filing a lawsuit in your state. In some cases, you may only have months to file certain claims, whereas other cases can be filed within several years.