Every year, there are around 1.3 million auto accidents globally, and the World Health Organization (WHO) plans to reduce that number by 50 percent by 2030. Such auto accidents can leave you in a difficult position. Not only do you have to worry about dealing with insurance companies, but you also have to deal with any pain, physical or emotional trauma, and financial difficulties that might arise because of your injuries.
However, if the other driver was clearly at fault for causing the accident, it may be possible to win an auto accident lawsuit. The National Highway Traffic Safety Administration (NHTSA) reported that in 2020, 11,654 people died in road accidents where drunk driving was involved. In such situations, anyone else other than the drunk driver is not at fault for the accident. Thus, they can take legal action as necessary.
To do this, you’ll need help from your lawyer, who will guide you through the process step by step and ensure things are done correctly.
Before that, however, you must have a solid plan to win the lawsuit, and here’s how you can do it.
Table of Contents
#1 Collect Evidence of the Accident
If you are involved in an auto accident, you must collect evidence of the incident. You should take pictures of the scene, your injuries, and the damage to your car. Additionally, you should get pictures of all other vehicles involved in the accident and make a list of witnesses who saw what happened.
The angle of your photos is vital. For instance, in a sideswipe collision, the vehicles involved will have their sides damaged. Therefore, in a sideswipe car accident, you’d want to take pictures of the sides and at various angles so that you can present the extent of the damages. Sideswipe crashes often leave dents that are easy to spot. However, you should also take snaps of any minor or major scratches.
#2 File a Police Report
You will need a police report to file an auto accident lawsuit. The police report is the only way to prove fault, and it’s required for every lawsuit involving an auto accident.
Police reports can also be used in conjunction with witness testimony, and other evidence gathered at the scene of the accident to show negligence on behalf of your driver or another party involved. This will ultimately help you get compensation from whoever is responsible for your injuries or damages.
To get a lawyer involved, you must first have proof that someone else was driving dangerously and caused your injuries or damages as a result of their actions. That means filing a police report immediately after being involved in an automobile crash is essential if you want any chance of winning money from an insurance company down the road.
#3 Get in Touch with a Lawyer
Before you start looking for a lawyer, it’s important to understand what will make a good auto accident attorney.
If you want to win an auto accident lawsuit, you should look for an attorney with experience with the insurance company representing your opponent in court. This way, your lawyer knows what tactics to use against them and can help guide you through the process of getting compensation from them.
As well as having this knowledge about how things work with the other side of the case, it’s also important that your lawyer knows how much money they can reasonably expect from winning this kind of case. That means not only do they need experience in successfully navigating similar situations before, but they also need enough expertise so as not to get overwhelmed by the opposition’s talking points.
#4 Confront the Other Vehicle Involved
Because your auto accident lawsuit is a legal matter, you’ll need to gather as much information about the other vehicle involved in the accident as possible. You should confront this driver and ask for the following:
- Insurance information (name and contact number)
- Name, address, and phone number of the driver
- A statement that they were at fault for causing the collision
It’s also important to ask them if they’d be willing to take a breathalyzer test or provide you with proof of sobriety. This may seem like an extreme step, but it can help you build an accurate picture of what transpired before your crash.
Of course, you don’t have to ask them to do so yourself. Any law enforcement officer arriving at the scene is likely to do so of their own accord.
The NHTSA reported an increase in auto accident fatalities in its latest traffic safety report. It’s a sign that road accidents are gradually increasing in the U.S., and commuters like you must be cautious on the road. At the same time, you must also know how to handle the legal aspects of such incidents.