The aftermath of a car accident is stressful and confusing. If an insurance adjuster has contacted you and offered a settlement, you may be happy to receive anything at all so easily. Unfortunately, the insurance adjuster represents the negligent party who caused your injuries. They do not represent, or want to protect, your best interests. Our Weston car accident lawyer can provide the strong representation you need to ensure a fair outcome.
What to Do After a Car Accident
Taking the right steps after any car crash will ensure your safety and well-being are protected, as well as any future claim you file. The most important things to do after an accident are as follows:
- Report the accident: Always remain at the scene and report the accident to law enforcement. Police will arrive at the scene and speak to all involved parties. They will then write a report, which may indicate which party caused the crash and strengthen your case.
- Take pictures and video footage: If you are able to, take photographs and video footage of the entire accident scene, the vehicles involved, your injuries, and other important information. This is evidence that can help prove how the crash occurred.
- Locate witnesses: Anyone who saw the accident can provide objective testimony, which is very helpful for your claim. Locate witnesses and ask them for their name and contact information.
- Seek medical attention: If you receive medical care at the scene of the accident, follow through with all treatment recommendations. If you are not examined by a paramedic, visit an emergency room immediately after leaving the scene of the crash, even if you do think you were hurt. This will not only ensure your injuries do not become worse, but it will also document your injuries so you can prove the extent and severity of them to the insurance company.
- Speak to a Weston, WV car accident lawyer: After a crash, you need legal help. A Weston car accident lawyer will provide it and help you obtain the settlement you deserve.
Common Causes of Car Accidents in Weston
There are many common acts of negligence that can cause a crash. The most common of these include:
- Impaired driving: Despite the many awareness campaigns in Weston, and throughout West Virginia over recent years, impaired driving is still all too common. Impaired driving is some of the most dangerous driving behavior, as it results in slower reaction times, poor judgment, and perception issues.
- Speeding: Year after year, speeding remains a leading cause of car accidents. When a vehicle is traveling very fast, the force of impact is even greater, resulting in even more serious injuries.
- Distracted driving: Distracted driving refers to more than just texting while driving. Distracted driving occurs any time a driver’s hands are taken off of the steering wheel, or their eyes or focus is taken off of the road. All of these are very dangerous acts that result in accidents.
- Failure to obey traffic laws: Traffic laws, signage, and lights are in place to protect motorists and pedestrians. When these are ignored, people can become seriously hurt.
- Improper lane changes: When changing lanes, drivers must signal for at least five seconds before moving over, and they must also ensure their blind spots are clear. When any of these procedures are not followed, a serious accident can occur.
In the moments after a crash, it is not always easy to determine what caused a car accident. Our Weston car accident attorney can conduct an investigation to determine who caused your injuries so you can collect the fair settlement you deserve.
Damages Available After a Car Accident
A car accident will cause serious injuries that require medical treatment, which is quite costly. You also may not be able to return to work right away to pay for them. If someone else’s negligence caused your injuries, you should not have to pay for these and other losses on your own. Through a personal injury claim, you can recover compensation, known as damages, to help cover these costs.
The most common damages available after a car accident include:
- Current and future medical expenses
- Lost income
- Loss of earning capacity, if you cannot return to the same line of work in the future
- Loss of household services, if you cannot perform daily tasks such as cooking and cleaning
- The cost of repairing or replacing your vehicle
- Pain and suffering
In some cases, punitive damages are also available after a car accident, but they are rare. These damages are not compensatory, as the above are. Instead, they are meant to punish defendants and deter them and others from acting similarly in the future.
Time Limit for Filing Car Accident Claims
After a car accident, you only have a limited amount of time to file a claim, under the statute of limitations. In Weston, as throughout the rest of West Virginia, you have two years from the date of the accident to take legal action. If the statute of limitations expires and you have not filed your claim, you will lose your right to any compensation. There are some exceptions to the law, but they are very few.
For this reason, it is critical that you speak to a Weston car accident lawyer as soon as possible after sustaining injuries. Our attorney will ensure that your claim is filed properly and on time so you obtain the fair outcome you deserve.
Our Car Accident Lawyer in Weston Can Help with Your Case
There are many things to do after a car accident. However, now is also the time for you to focus on your recovery and getting better. At Kaufman & McPherson, our Weston car accident lawyer can handle the legal details of your claim so you obtain the full and fair settlement that is rightfully yours.
Contact us to schedule a free review of your case with our experienced attorney and to learn more about how we will fight for you and your rights.
