Sometimes a passenger who suffers injuries during an automobile accident will be interested in asserting legal claims against both drivers involved in the accident. It can be difficult to determine which driver was primarily at fault for the accident, and therefore an injured passenger will be able to file a civil lawsuit naming both drivers as defendants. An Oklahoma car accident lawyer can often determine which legal claims an injured passenger should pursue.
Comparative Negligence and Automobile Accidents
It is important to understand the concept of comparative negligence if you want to know why it is possible to file civil lawsuits against both drivers involved in an automobile accident. Some jurisdictions in the United States adopt principles of comparative negligence. Individual defendants may be assigned a percentage of fault in proportion to the degree to which they are responsible for causing the accident victim’s injuries.
Some states adopt pure comparative negligence, and other states adopt modified comparative negligence schemes. Other states may not adhere to any comparative negligence principles. It is, therefore, essential to speak to an attorney who can help you determine if comparative negligence will be applicable to your case.
Apportioning fault may be a task that the judge will perform during an automobile accident case. The purpose behind apportioning fault in this manner between the liable parties is to make the financial burden on the defendants more equitable. Depending on the facts associated with a particular case, it is possible that many records and Oklahoma car accident statistics will need to be examined to apportion fault in the correct manner.
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No-Fault States and Fault States
The jurisdiction in which your accident occurred will have a powerful influence on the litigation of your accident case. If the accident occurs in a no-fault state, then you may file insurance claims with the insurers of the individuals who were at fault during the investigation. Many drivers in no-fault states have a Personal Protection Plan (PPI) as a provision incorporated into their automobile liability insurance policy.
You may be traveling and find yourself involved in an automobile accident in a different state. It is also important to determine how state laws will affect the litigation of your case. Some states may also have injury thresholds which can affect the legal claims you may assert against an at-fault driver.
It is possible that the economic value of the passenger claims will be greater than the automobile insurance policy held by the driver of the vehicle. You will need to file a civil lawsuit against the at-fault driver. Learning more about the individual claims you may assert against the driver can make you more knowledgeable about your potential case.
Automobile Accident Cases Involving Multiple Drivers Are Often Complicated
Sometimes more than one driver may be liable for causing an automobile accident. Each passenger who suffers injuries during an accident may file legal claims against the at-fault drivers. Appraisers may determine how to apportion fault between the multiple drivers.
Cases involving multiple drivers often take longer to resolve than less complicated cases. Each driver may need to be deposed during the course of litigation. Also, each driver may be represented by their own individual legal counsel.
When many attorneys become involved in one civil lawsuit, it can become more difficult for the case to settle. Some parties may not agree to a settlement agreement for various reasons. Ultimately, it is wise to prepare yourself for a more complex accident case if multiple drivers are involved.
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Financial Compensation and Automobile Accident Cases
It is important to recognize the different types of damages you may claim in an automobile accident case. The purpose behind damages is to make the victim whole again after suffering a loss or injury. Financial compensation is how the courts make injured parties whole again after suffering devastating injuries.
The three most common types of damages are general damages, special damages, and punitive damages. The following are common examples of both general damages and special damages:
- Loss of enjoyment of life
- Medical bills
- Lost earnings
- Property damage
- Emotional distress
Punitive damages are awarded in cases that involve dangerous or irresponsible behavior committed by the defendant. Typically, punitive damages are used when conduct causes harm to a large segment of the population. Also, punitive damages are designed to punish the defendant and to deter the defendant from performing the same action in the future.
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Social Media and Automobile Accident Cases
You may think it is a good idea to post images, text, or videos about your accident or your injuries. However, this is a bad idea because social media posts may harm your automobile accident case. Insurance companies and their representatives will search through your social media profiles for anything they can use to weaken your case.
Therefore, you need to refrain from posting things about the accident or your injuries before you speak to an attorney. It is vital that you do not do anything which can make the insurance company think you are not injured, or you did not seek medical attention for your injuries. A lawyer will be able to provide you with more specific advice regarding your social media posts.
If you do have a blog or other online platform, you should also wait to post any details about the accident or your injuries. It is difficult for many prospective clients to understand how dangerous it can be to post information online. Speaking with an attorney is one of the best things you can do if you have questions about a potential accident case.
The Attorneys at BDIW Law Will Help You Seek Financial Compensation for Your Injuries
BDIW Law is here to offer you exceptional legal representation if you were a passenger who suffered injuries during an automobile accident. If you have questions about a potential automobile accident case, contact us today. We can help you determine which parties may be liable for your injuries. Our attorneys can analyze the facts of your case and assist you with pursuing monetary compensation for your injuries.
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