Highway accidents can have devastating consequences, leaving victims and their families with physical, emotional, and financial burdens. Understanding your legal options after such incidents is crucial to obtaining fair compensation and support. Gaining the necessary knowledge will help you make well-informed choices after a highway accident.
According to Statista, America is one of the busiest countries in terms of road traffic. It had 284 million operating vehicles in the third quarter of 2021. The number of accidents is also high, with highway accidents being more severe.
In this article, we will discuss legal remedies for highway accident victims, including filing claims, seeking compensation, and working with legal experts.
Understanding Liability in Highway Accidents
Highway accidents differ significantly from regular road incidents due to higher speeds, increased traffic volume, and diverse vehicle types.
According to Consumer Shield, the number of road accidents fluctuates between 5-6 million each year. In 2022, there were 5.93 million road accidents in the US. However, when an accident takes place on a highway, it is more aggressive in many aspects.
On highways, collisions can involve multiple vehicles, often amplifying the severity of injuries and damage. Liability in these cases can be complex, potentially involving parties such as drivers, trucking companies, or highway maintenance agencies.
With high-speed merging, lane changes, and reduced reaction times, the likelihood of accidents on highways is notably higher. Adverse weather or poor road conditions can further increase the chances of accidents, making clear liability essential for fair compensation and accountability.
How is fault determined in complex highway accidents involving multiple cars?
In complex highway accidents with multiple vehicles, a fault is typically determined by analyzing certain factors. These factors are vehicle positions, skid marks, witness statements, and any available camera footage. Investigators assess each driver’s actions, road conditions, and possible mechanical failures to establish liability. They often assign partial fault to multiple parties based on their contributions to the collision.
Types of Damages You Can Claim
The US Department of Transportation reported the death of 40,990 people in 2023. This represents a 3.6 percent decrease from 2022, a trend that has carried over into the first half of 2024.
If you are a lucky survivor of a highway accident, you have many options to claim for your damage. In highway accident cases, victims can claim various types of damages, including medical expenses, lost salaries, pain and suffering, and property damage. In severe cases, claims may also cover future medical costs, loss of earning capacity, and emotional distress.
The amount and type of damages depend on factors like the severity of injuries, degree of fault, and impact on quality of life. Additionally, if gross negligence is involved, courts may award punitive damages to deter reckless behavior. Proper documentation and legal guidance can strengthen claims and help victims receive fair compensation.
What evidence do I need to prove non-economic damages like emotional distress?
To prove non-economic damages like emotional distress, evidence like medical records, psychological evaluations, and testimony are needed from mental health professionals documenting your condition. Personal journals detailing emotional struggles, witness statements, and proof of lifestyle impacts can also strengthen your case for emotional distress compensation.
Filing an Insurance Claim and Dealing with Insurers
Filing an insurance claim after a highway accident can be complex, as insurers often scrutinize claims to minimize payouts. Challenges may include lengthy claim processing times, low initial settlement offers, and requests for extensive documentation. Insurers may also try to shift blame or dispute the extent of injuries and damages, especially with non-economic claims like pain and suffering.
According to LexisNexis, the claim severity for auto insurance has increased since the pandemic, which the claimants must be aware of. The claim severity for bodily injury has increased by 20% since 2020, and for material damage has increased by 47%.
Additionally, policy limits or exclusions may restrict the compensation available, leaving victims with significant out-of-pocket expenses. Legal support can be invaluable in negotiating fair settlements, as attorneys understand insurer tactics and can help ensure your rights and interests.
When and Why to Consider Filing a Lawsuit
Lawsuits become necessary when an insurance claim doesn’t cover the full extent of damages from a highway accident or when insurers deny liability altogether. Lawsuits allow victims to seek adequate compensation, especially for significant injuries, long-term disability, or severe emotional distress. It may also be necessary if a third party’s gross negligence contributed to the accident.
Lawsuits can lead to higher settlements through court judgments or motivate insurers to negotiate fair offers. Consulting an attorney can help determine if a lawsuit is the best path forward based on the specifics of the case and potential compensation.
Is there a way to pursue a lawsuit if I can’t pay legal fees upfront?
Many personal injury lawyers work on a contingency fee basis, getting paid only if you win or settle your case. This arrangement allows you to pursue a lawsuit without upfront costs, making legal representation accessible and aligning the attorney’s interests. Achieving a favorable outcome also becomes easy with this approach.
Choosing the Right Lawyer for Your Highway Accident Case
Selecting the right lawyer for a highway accident case is crucial, and choosing a local attorney offers unique advantages. According to Keith Law Group, local lawyers bring an in-depth understanding of regional road conditions, traffic patterns, and specific accident-prone areas. This knowledge of local lawyers can enhance case strategies and arguments.
They’re also likely familiar with local courts, judges, and opposing attorneys, which can streamline case proceedings and negotiations.
For instance, USA Today reported a fatal car accident at the North Carolina Highway 711. The accident happened on Thursday at 6:00 p.m., about 44 miles southwest of Fayetteville. Seven people died, and 1 driver was injured in this fatal crash of three cars.
In a similar case, a Fayetteville car accident lawyer may have established connections with area medical professionals and accident reconstruction experts. It would provide easier access to essential support and evidence for building a strong case. This specialized local knowledge can be invaluable in complex highway accident claims.
Legal Remedies if You Were Hit by a Commercial Vehicle
If you’re hit by a commercial vehicle, several legal remedies may be available to ensure you’re compensated for damages. Claims often involve the driver, their employer, and sometimes third parties like vehicle manufacturers or maintenance providers. Victims can pursue compensation for medical expenses, lost wages, pain and suffering, and property damage.
Given the potential involvement of large corporations and their insurers, pursuing a claim might require negotiating with multiple parties and facing complex liability issues. In severe cases, victims may file a lawsuit for substantial damages or punitive awards. It can be done if negligence, such as inadequate driver training or vehicle maintenance, contributed to the accident.
Legal Options for Accidents Caused by Roadway Hazards
When accidents are caused by roadway hazards like potholes, debris, or poor signage, victims may have legal options to seek compensation. Liability often falls on government entities responsible for road maintenance, as they’re obligated to ensure safe driving conditions.
Filing a claim against a city, county, or state requires proving negligence, like ignoring repair needs or failing to warn drivers of construction zones. Hiring an attorney can increase the settlement amount. It has helped 51% of claimants to get higher compensation from their auto insurance providers.
These cases can be complex due to immunity laws protecting some government bodies, and they often involve strict filing deadlines. Consulting a lawyer experienced in roadway hazard claims can help you navigate these specific legal challenges effectively.
Navigating Your Path to Justice
Understanding your legal options after a highway accident empowers you to make informed choices for recovery and compensation. Whether through insurance claims, lawsuits, or specialized legal assistance, knowing your rights helps secure fair outcomes. Consulting with knowledgeable legal professionals can strengthen your case, ensuring you receive the support you deserve during this challenging time.
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