Being involved in a car accident can be stressful. Depending on the severity, one may suffer serious injuries and vehicle damage. No matter the case, it is important to know that you can seek the necessary compensation for your injuries if you were involved in an accident.
If you were affected by a car accident, it helps to find the right people for support. A car accident lawyer in Cushing can help you file a claim and seek compensation for your injuries. At BDIW, a Cushing personal injury lawyer can discuss the details of your case.
Common Causes of Car Accidents
Car accidents may be caused by a wide range of factors. According to the latest reports, driving under the influence contributed to the most traffic fatalities. The following caused over 9,000 car accidents throughout the state:
- Texting while driving
- Road rage
- Reckless driving
- Driving while under the influence
- Unsafe lane changing
- Inexperienced drivers
- Distracted driving
As a driver, those on the road have a duty of care to uphold to mitigate accidents or danger for other drivers. A duty of care is universal to all those on the road, and expect that every driver is acting in the right way and ensuring others are safe. If you think that the other party involved in your accident may have caused an accident due to any of the above reasons and acted recklessly or outside their duty of care, a Cushing car accident attorney can take a closer look at fault and evidence for your claim.
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Things to Do Following a Car Accident
When injured in a car accident, the next steps are crucial to protecting your rights and supporting your claim:
- Seek medical attention and call 911: This is a pretty obvious first step. Calling the police and reporting the accident or requesting medical assistance will be important in your claim.
- File a police report: Once the police arrive, they will gather their own evidence, speak with witnesses, and determine to the best of their abilities what occurred. They will then file a police report, which you can then use in your legal claim.
- Gather your own evidence: If you are able to, take photographs and videos of the scene of the accident. Find witnesses who saw the accident take place and get their statements and contact information. It’s also important to collect any information from medical staff on your injuries and to get the other involved drivers’ details.
- Get the help of an experienced car accident lawyer in Cushing: With over 65 years of combined experience, the team at BDIW Law devotes our time and resources to serving those who are injured in various types of accidents. With the experience and skill to help you maximize your compensation following an accident, our law team knows the challenges that car accident victims face and can help throughout the legal process.
- Speak with your insurance company: Your lawyer can speak with your insurance company on your behalf to file a claim following your accident. Keep it simple, and tell the truth so that your insurance company knows what they can offer you.
Proving Fault in a Car Accident
In Oklahoma, the concept of fault in an accident is very straightforward. State law deems the person who was responsible for causing an accident to be held liable. Which can be both parties at the same time, to some degree. These laws also will determine how much compensation each party will receive, depending on who was primarily at fault.
Modified comparative negligence in Oklahoma states that whoever is responsible for an accident, whether that be 100%, 80%, or 60%, will need to compensate the other driver for this percentage of damages. This makes proving fault and obtaining compensation easier for victims and their Cushing car accident lawyers.
The only caveat in these state laws that you should be aware of when filing a car accident claim is that the 50% rule is followed. This means that damages can only be recovered from the liable party if the victim is less than 50% responsible for an accident. So, if you are in an accident where there is a shared 50% of blame, no driver can file a claim against the other.
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Damages that Can Be Recovered
With the potentially long-lasting impacts of car accident injuries and losses, you could collect many types of compensation in your car accident claim. This will solely depend on the finer details of your claim, your injuries, and the losses you have sustained.
In general, you can likely collect two categories of damages with the help of your Cushing car accident lawyer.
These damages are what are known as tangible things. If you have lost something that has a set monetary value or is tangible that can be valued, then it will fall under this category. Some of these damages include:
- Medical bills
- Doctors visits
- Property damage
- Vehicle damage
- Lost wages from the inability to work
- Out-of-pocket expenses stemming from a car accident
- Ongoing therapy or rehabilitation
- Wrongful death expenses, if applicable
Non-economic damages will be all other things that don’t fall under the first tangible category of damages. These intangible losses are losses that can’t be valued. Emotional distress, loss of quality of life, mental anguish, and pain and suffering can fall into this category.
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Let Us Help You Get the Compensation You Deserve
At BDIW Law, we take the big cases to secure the big results. If you are in Oklahoma and need legal assistance, our team should be first on your list to call for a successful legal claim. BDIW Law represents clients throughout a wide wage of injury claims and has vast experience in car accident cases similar to yours.
By giving us a call, we can schedule your free consultation. In this consultation, we will learn more about you and your claim to better know how to support you throughout this stressful time. As personally committed advocates, we will always be on your side at every step of the process.
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