Car Accident Attorney

Common Causes of Car Accidents

Car accidents often result from negligent or reckless behaviors that can form the basis for a lawsuit. By identifying the at-fault party’s actions, KMD Law can build a strong case to hold them accountable.

Common causes that may lead to a viable car accident lawsuit include:

• Distracted Driving: Diverting attention from the road, such as texting, talking on the phone, or eating, violates the duty of care drivers owe others. For example, a driver checking social media who rear-ends your vehicle could be held liable for your injuries.
• Speeding: Exceeding the speed limit or driving too fast for conditions increases crash risks and severity, constituting negligence. For instance, a driver speeding through a school zone who hits a pedestrian could face a lawsuit for reckless behavior.
• Drunk Driving: Operating a vehicle under the influence of alcohol or drugs impairs judgment and reaction times, making the driver liable for any resulting harm. A motorist with under the influence of alcohol or other substances and causes a collision could be sued for damages.
• Fatigued Driving: Driving while drowsy, especially for commercial drivers who ignore rest regulations, can lead to liability for accidents. For example, a truck driver who falls asleep after skipping mandated breaks and causes a pileup could be held accountable.
• Reckless Driving: Aggressive actions like tailgating, running red lights, or illegal lane changes demonstrate disregard for safety. For instance, a driver weaving through traffic who sideswipes your car could be sued for their reckless conduct.
• Vehicle Defects: Manufacturers or mechanics may be liable if faulty parts, like defective brakes or tires, cause a crash. For example, if a tire blowout from a manufacturing defect leads to a rollover accident, the tire company could face a product liability lawsuit.
• Inadequate Road Maintenance: Government entities or contractors may be liable if poorly maintained roads, like those with potholes or missing signs, cause accidents. For instance, a city could be sued if a faded stop sign leads to a T-bone collision at an intersection.
• Improperly secured cargo: Improperly secured cargo that falls onto the road can cause accidents, making the driver or company liable. For example, a trucking company could face a lawsuit if a loose load of lumber spills onto the highway, causing a multi-car crash.

These causes, rooted in negligence or defective products, provide grounds for legal action. KMD Law investigates thoroughly to establish liability and pursue compensation for your losses.

Common Car Accident Injuries

Car accidents can result in a wide spectrum of injuries, ranging from minor to catastrophic, each with potential long-term consequences. Proper documentation and legal representation from KMD Law ensure these injuries are fully addressed in your claim.

Common and significant injuries include:

• Whiplash and Soft Tissue Injuries: Sudden jolts can strain or tear muscles, ligaments, and tendons in the neck and back. For example, a rear-end collision may cause whiplash, leading to chronic pain or limited mobility if untreated.
• Concussions and Traumatic Brain Injuries (TBIs): A blow to the head or violent shaking can cause concussions or severe TBIs, affecting cognitive function, memory, or mood. For instance, hitting the steering wheel in a frontal crash could result in a TBI requiring long-term rehabilitation.
• Fractures and Broken Bones: High-impact collisions often break bones, such as arms, legs, ribs, or pelvis. A broken femur from a side-impact crash, for example, may require surgery and months of physical therapy.
• Internal Injuries: Blunt trauma can damage organs like the spleen, liver, or kidneys, often without immediate symptoms. For instance, a seatbelt saving your life in a crash might still cause internal bruising, necessitating emergency surgery.
• Lacerations and Abrasions: Broken glass or metal can cause deep cuts or scrapes, leading to scarring or infection. For example, shattered windshield glass in a rollover accident may leave permanent facial scars.
• Spinal Cord Injuries: Severe crashes can damage the spinal cord, causing partial or complete paralysis. A high-speed collision that compresses the spine might result in quadriplegia, drastically altering your quality of life.
• Burns: Fires or chemical spills in accidents can cause burns, ranging from minor to life-threatening. For instance, a fuel tank rupture in a crash could lead to second-degree burns requiring skin grafts.
• Amputations: Crushing injuries or severe trauma may necessitate the amputation of limbs. For example, a leg trapped in a mangled vehicle might require surgical removal, impacting mobility and career options.
• Psychological Trauma: Accidents can cause post-traumatic stress disorder (PTSD), anxiety, or depression, affecting daily life. A victim of a near-fatal crash might develop a fear of driving, requiring ongoing therapy.
• Dental and Facial Injuries: Impact with airbags or dashboards can break teeth or facial bones. For instance, a deployed airbag might fracture your jaw, leading to costly reconstructive surgery.

Prompt medical evaluation and legal support from KMD Law are critical to document these injuries, assess their long-term impact, and secure fair compensation for your recovery.

Challenges and Common Mistakes When Dealing with Insurance Companies After an Accident

Navigating insurance claims after a car accident can be fraught with challenges, as insurance companies often prioritize their profits over your well-being. Understanding these obstacles and avoiding common pitfalls is crucial to protecting your claim. KMD Law guides you through this process to ensure your rights are safeguarded.

Challenges to Expect

• Lowball Settlement Offers: Insurers may offer quick settlements that are far below the true value of your claim, hoping you’ll accept before understanding the full extent of your injuries or losses.
• Claim Denials or Delays: Insurance companies may dispute liability or delay processing your claim, causing financial strain and frustration while you wait for compensation.
• Misrepresentation of Policy Terms: Adjusters may cite complex policy language to minimize or deny coverage, leaving you confused about your entitlements.
• Pressure to Provide Recorded Statements: Insurers may request recorded statements to elicit responses that can be used to weaken your claim, such as admitting partial fault or downplaying injuries.
• Undervaluing Future Costs: Insurance companies often overlook long-term expenses, like ongoing medical care or lost earning potential, to reduce their payout.

Common Mistakes to Avoid

• Accepting the First Offer: Settling too early, before your injuries are fully diagnosed or future costs are clear, can leave you without funds for ongoing treatment or losses.
• Giving a Recorded Statement Without Legal Advice: Statements can be manipulated to shift blame or minimize your claim, so always consult KMD Law before speaking with adjusters.
• Admitting Fault or Discussing the Accident: Even casual comments like “I didn’t see them” can be used to argue you were partially responsible, reducing your compensation.
• Failing to Document Injuries and Losses: Not seeking prompt medical care or keeping records of expenses can weaken your claim, as insurers may argue your injuries weren’t serious.
• Missing Deadlines for Filing Claims: Each insurance policy has strict deadlines for reporting accidents or filing claims, and missing these can jeopardize your ability to recover compensation.

Our experienced team anticipates insurer tactics, counters low offers, and builds a robust case to secure the compensation you deserve.

Why Hire a Car Accident Lawyer

Navigating a car accident claim without legal help can be risky. A skilled auto accident attorney like Keith M. Davidson brings expertise in negotiating with insurance companies, gathering evidence, and building a strong case. Our firm understands the tactics insurers use to minimize payouts, and we work tirelessly to secure compensation. We’re equipped to handle cases in any state, providing personalized attention to protect your interests and reduce the stress of the legal process.

Compensation You May Be Entitled To

After a car accident, you may be entitled to compensation or damages to address the full extent of losses caused by the at-fault party’s negligence. Understanding these categories helps you recognize the value of your claim. KMD Law meticulously pursues every eligible type of compensation to ensure your financial, physical, and emotional recovery.

While the exact damages available may vary from state to state, the primary types of damages generally include:

• Medical Expenses: Covers all past, current, and future healthcare costs related to your injuries, including hospital stays, surgeries, doctor visits, medications, physical therapy, and assistive devices like crutches or wheelchairs.
• Lost Wages: Compensates for income lost due to time away from work for recovery, medical appointments, or disability. This also includes diminished earning capacity if your injuries limit future career prospects.
• Pain and Suffering: Addresses the physical pain and discomfort caused by your injuries, such as ongoing pain from a fractured spine or recurring headaches from a concussion.
• Emotional Distress: Compensates for psychological impacts, including anxiety, depression, or post-traumatic stress disorder (PTSD) triggered by the accident or its aftermath.
• Loss of Quality of Life: Accounts for reductions in your ability to enjoy hobbies, social activities, or daily routines due to permanent or long-term injuries, such as mobility limitations or chronic pain.
• Property Damage: Covers repair or replacement costs for your vehicle and other personal items damaged in the crash, including electronics, clothing, or eyewear.
• Loss of Consortium: Compensates for the negative impact on relationships with your spouse or family, such as loss of companionship, support, or intimacy caused by your injuries.
• Punitive Damages: Awarded in rare cases of egregious negligence, like drunk driving or intentional recklessness, to punish the at-fault party and deter similar behavior.
• Out-of-Pocket Expenses: Reimburses miscellaneous costs tied to your accident, such as travel to medical appointments, home modifications for accessibility, or hiring help for household tasks.

KMD Law collaborates with medical professionals and other experts to accurately calculate your losses, both current and future. We fight to counter insurance company tactics that undervalue claims, ensuring your settlement or verdict reflects the true impact of your accident. Our goal is to secure comprehensive compensation that supports your recovery and future well-being.

Statute of Limitations for Car Accident Claims

The statute of limitations sets a legal deadline for filing a car accident lawsuit, and missing it can prevent you from seeking compensation. These deadlines vary by state and can depend on the specifics of your case, such as whether it involves personal injury or property damage.

For example:

• In California, Nevada, and Illinois, you generally have 2 years from the date of the accident to file a lawsuit.
• In New York, the statute of limitations is typically 3 years from the date of the accident for car accident claims.
• In Florida, you typically have 2 years to file a car accident lawsuit, effective for accidents occurring after March 2023, though older cases may have a 4-year limit.

These deadlines can be affected by exceptions, such as injuries discovered later or cases involving minors, but they underscore the importance of prompt action. Contacting KMD Law immediately allows us to evaluate your case, gather time-sensitive evidence, and file your claim within the applicable deadline.