Car accidents are a serious issue in the US, and we’ve seen a huge spike in accidents since 2019.
We hope that you’ll never get into a serious car accident, but one must always prepare for the worst.
Have you ever thought about what you’ll do if you get into a car accident?
You can always sue the other party. If you win your case, this can be one small step to making our roads safer and ensuring better driving practices. Here’s how to sue after a car accident.
Determining Liability
Of course, suing after a car accident is only suggested if someone else is liable. While there are cases of suing when you are partially at fault, most of the time, this won’t turn out well!
At times, it’s easy to figure out who’s the liable driver. If you get hit by another driver, they might be liable.
However, there might be cases where Driver A causes Driver B to swerve and then hit you. Are one or both drivers responsible for this scenario?
You can hire a great St. Louis car accident lawyer to help you determine liability. They’ll also help you fight your case and receive your due compensation.
Now let’s look at a few other aspects regarding suing after a car accident.
Check for Negligence
While others might be liable, you may bear some responsibility for your accident. You’ll have to look up the laws regarding negligence in your jurisdiction.
Once again, hiring a lawyer is the best way to determine negligence from your end. Even if you do bear some responsibility, you may still be able to sue.
The damages (compensation) are correlated to how much responsibility you hold for the car accident. There are different types of negligence, and each of these types can affect your case.
Even if you feel that you have a lot of responsibility, you should still speak to a lawyer. You can still receive compensation to help you cover your medical costs.
Suing the Guilty Party
Let’s say you have to sue another driver who hit you. There might be a scenario where you’ll have to sue multiple people.
The first person whom you’d sue is the driver. If the accident was a chain reaction in which several cars hit you, there might be a case for suing all the drivers involved.
What happens if the vehicle doesn’t belong to the driver?
This might be the case for a taxi driver or a delivery driver. Or perhaps the driver is a teenager who has borrowed their parent’s car.
In such scenarios, you might also be able to sue the car’s owner. You’d have to prove that the owner knowingly gave the car to an irresponsible driver.
Other Guilty Parties
In some cases, you can sue a car manufacturer if you get into an accident. The car might have a faulty component that helped cause the accident. Or it might have a component that didn’t protect you after the accident.
Likewise, there might be cases where you’ll have to sue the local government or private property owners. They may not have maintained the roads well, and this could have caused your accident.
When to File a Case?
Your lawyer will know the statute of limitations to file your case. Some states require you to file your case within one year. Others can allow up to six years for you to file your case.
As a general rule, it’s always suggested to file your case as soon as possible. Remember that you may have to give your testimony in court. Even if your lawyer speaks entirely on your behalf, they’ll need to give the full facts.
As time passes, you might forget the exact details of the car accident. Once you’ve gotten into an accident, you’ll need to call emergency services.
You need to call the police to create an accident report. You also need to get a medical report. Even if you don’t feel injured, always get a proper medical checkup.
Your police report and medical report are needed for your case. Your lawyer will use it to make the case for compensation.
Hiring a Lawyer
Just before filing your case, the final step is to cultivate a great relationship with your lawyer. The case can last a few weeks or even a few months.
You’ll have to learn how to collaborate with them to win the case. When you look for legal services, you’ll have to schedule a consultation with the lawyer.
During this consultation, ask them about their process. You want to ask them to provide you with examples of how they’ve won cases involving auto accident injuries.
If you hire them, you must give them as many details as possible regarding your accident. The more information your lawyer has, the easier it is for them to fight on your behalf.
You’ll have to remember that you’ll face tremendous opposition in court. If you can’t prove someone else’s liability, you won’t receive your compensation at all.
If you have to make a testimony, your lawyer should train you. If you’ve never been in court before, it’s quite a nerve-wracking experience.
If you can’t defend yourself or articulate well, you can end up losing your case. Make sure you spend as much time as possible working with your lawyer to get your due compensation!
Learning How to Sue After a Car Accident
Now you know how to sue after a car accident and what steps to take to win your case.
You have to first determine who’s liable for the accident. You’ll have to prove that one or more other parties were involved in causing your accident.
You’ll need both a police report and a medical report to be used as evidence for your case. Get a lawyer to help you prepare for the case and will fight for you and get compensation.
If you bring bad drivers to justice, we can make roads more safe. Be sure to check out our other legal tips on the blog.
