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Auto Accident Lawyers FAQs How is fault determined in an auto accident?
Determining fault in an auto accident can be more complicated than it appears. In many cases it is simply a matter of who had the right of way and who broke traffic laws. However, there can be hidden underlying factors such as defective vehicles or defective roadways. In some accidents, two or more drivers may share a portion of the blame.
I got a ticket for the accident. Does that mean I’m at fault?
Not necessarily. A ticket does not mean that you broke the law; it simply means that the officer believes you broke the law. Other elements may come to light which prove your innocence. Even if you were guilty of a traffic infraction, the other driver may still be at fault. However, you should not plead guilty or pay your ticket without talking to your auto accident attorney. Doing so could compromise your case or put you at risk of being sued.
What if I think I was at fault?
Accidents are not always what they seem. Never assume that you were at fault. Factors which you are not aware of may be involved such as a defective vehicle, defective roadway, or the other driver may have been intoxicated. Your auto accident attorney will investigate all of the circumstances surrounding your accident.
Do I need to see a doctor even if I don’t think I’m physically injured?
Yes, you should always see a doctor immediately after an accident. You may be in shock and not realize that you are hurt. Some types of injuries, including brain injury, whiplash, and back injuries, are not always noticeable right away and may not show a visible wound.
The insurance company offered me a settlement. Do I still need an attorney?
Yes. Whenever an insurance company offers to give you money without a fight, be suspicious. They probably owe you a whole lot more. Insurance companies will do anything they can get away with to keep from paying you what you deserve. One tactic that they use is to offer you far less than they should be paying in the hopes that you will not pursue a larger sum. Do not sign anything without talking to your attorney. You could be signing away you right to take further action.
What if the other driver is not insured?
If your insurance policy includes “uninsured motorist” coverage your insurance company will pay for your injuries if the other driver was at fault. Collision coverage pays for the damage to your vehicle regardless of who is at fault. You have the option of pursuing a lawsuit against the other driver, but it is very unlikely that you will ever see your money even if you win the lawsuit.
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