Accidents are pretty common nowadays, considering the number of vehicles. Our roads, highways and streets are crowded with cars and other vehicles. Well, that’s because it’s the 21st century and almost everyone has a vehicle for transportation. Which takes us back to the topic of our article. Car accidents are horrible and they can turn into a nightmare if it wasn’t even your fault. However, you are the one suffering physically and mentally due to damage to your health and property.Khan Law Firm is a law firm that can provide you justice in such cases.
What is a Car accident law?
A car accident law comes under the personal injury lawsuit also referred to as common law or tort law. This law determines who is liable for all the damage to health or property or both by studying all the factors involved. Moreover, like other personal injury cases, negligence is the important factor in deciding the liability.
There are four basic factors that the victim need to prove in the court of law in order to prove himself/herself innocent and claim the compensation.
- Duty: It is drivers duty to respect the traffic rules and drive responsibly like using blinkers, follow the traffic light and etc.
- Breach: Now, the plaintiff needs to show proofs that the defendant breached his or her duty which led to the accident.
- Causation: In the next step the plaintiff needs to provide proof that the injuries are a result of the accident which was led by the breach of the defendant’s duty. Because the defendant isn’t liable for any pre-existing injuries.
- Harm: The final step, In this step the plaintiff needs to show the harm caused due to the negligence of the defendant.
If the plaintiff successfully proves all of these four points then he or she is entitled to claim for the compensations like; medical bills, damage to the property, lost wages and etc.
What to do in case of a car accident?
There are some precaution and action you should take in cases like these. Because these actions might make it easier for you to win the case. We’ve listed two basic tips that might help.
- Stay Calm and Quiet: This is the most common and silliest mistakes done by the plaintiffs. You need to remember everything you say can be used against you in the court of law. Panicking and apologizing can turn the tables in favour of the other party.
- Gather evidence and information: Now, only if you’re calm and composed you can take the next step which is to collect evidence. You need to record videos, click pictures and gather details about the driver. Which might help you in the court proceedings.
When to contact an attorney?
It is strongly advisable to contact your attorney as soon as possible. Because they might need to gather information or they might guide you through the whole situation like car accidents. They can also tell you if you qualify to file a lawsuit or not. Because there are chances when it’s just a case of near miss due to the negligence of another driver but it cannot qualify as a car accident lawsuit.
Moreover, most of the law firms like Khan Law Firm offer consultation free of charge. You might want to check with an attorney before making any move.