Overcoming the Legalities in Personal Accident Injury Cases and Claims

by | Aug 20, 2012 | Auto Accident Attorney

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Everyone is not secure from vehicular accidents. In fact, a car accident does not select its victim. It can happen to the most careful driver and his occupants. In 2009, statistics show that over 13,000 people died in a passenger car accident. The estimated number of injured occupants alone is 1.2 million. According to Centers for Disease Control, the most dangerous state to drive in is Mississippi, where roughly 27 persons out of 100,000 residents die yearly. Even the safest state, Massachusetts, registers at least 5 deaths. Know what legal thing to do when auto accidents happen to you or loved ones in Hurricane, West Virginia and surrounding areas. Remember, West Virginia is the 8th most dangerous state to drive in, where almost 20 in 100,000 died behind the wheel.

When an accident has happened, each one of the drivers involved has the right under law to defend his case in state and federal courts. In addition, victims of Auto Accidents Hurricane , WV should make the most benefit from any legal insurance claims and contracts he has entered to protect his life and property. Sometimes, no insurance was availed beforehand. This can be a huge daunting task for the unfortunate people involved, but quitting must not be an option.

In order for the insurance claims to be valid or a court decision awarded, negligence typically must be proven. This means someone must be proven failing to act reasonably or responsibly, hence, causing the accident. To resolve a case, facts should be gathered from credible and verifiable sources like a police investigation report, first-person testimony, expert witness testimony, pictures and careful reconstructions. The facts should attempt to identify a direct relationship with three components of negligence—one, someone, found to be careless, directly contributed to, two, an accident causing harm, and, three, the party at fault should be responsible for compensating the damages. There is such a thing as comparative negligence, where culpability is shared by many parties involved.

Recounting car- and road-related facts

Each accident carries its own unique circumstances why it occurred. In order for a person to develop a good case, the key is to remember and write down the events that happened from as far as the safety checks to the mode of accident to the kind of help you did until after the police came into the scene. Memory fades away, so start the narrative as soon as possible. Good questions to ask about the car and immediate environment include: what the road and traffic conditions were in relation to the weather; how the car performed from the start; what equipment, such as brakes and steering mechanisms, failed and at what time; what safety checks were done before and during the drive; how safety devices, such as lights, horn, and seatbelts, were used; how good was visibility; and, how the accident occurred in relation to what the driver was concurrently doing. This can determine what traffic and state regulations may have been violated.

Don’t forget to describe yourself

It is also important to include the state of the driver and his surroundings, so ask: how tired the driver was; how great were the distractions from devices and people; what medications were taken; and, what conversations and thoughts occurred. Take note that over 90% of rear-end collisions happen because of inattention. Also, driving under the influence may both be a civil and criminal offense. Remember that even if you appear to be culpable, you have the right to defend yourself. An expert lawyer specializing in auto accidents in Hurricane should be able to build a strong defensive and offensive case with the details provided.

Getting the right compensation

Injury incurred from accidents usually fall under emotional, physical, financial and material damages. Depending on the contract, compensation to any of the four may be given. Sometimes, insurance companies try to outsmart the injured clients their insured compensation when the latter does not fully understand contract clauses and technicalities. Insurers may not pay the full cost, create too much delay, or even deny the claim. At times, accidents may severely affect mental or physical capacity. So, hiring a lawyer may be the best way to make sure rights are ensured and contracts are enforced. As a last tip, re-negotiations are still possible when the law is by your side.


Find a legal expert in Auto Accidents Hurricane and insurance claims, west Virginia and nearby areas to protect you even before an unexpected mishap occurs. Visit the website

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