If you’ve been in a car accident in Moore, there’s a good chance you have questions about your legal rights.
In general, to make the most of a car accident claim:
- Go to the doctor if you are hurt, and follow the doctor’s advice.
- Make sure everything is documented concerning the accident and the damages afterward.
- Don’t miss the statute of limitations. For non-governmental entities, this is two years from the date of the wreck.
My (Clayton here) wife, our kids, and I used to walk over to Veteran’s Memorial Park from the neighborhood we lived in just east of there. Moore is known for its tornados, but we also enjoyed living close to the Warren Theater and the short drive to Royal Bavaria. Moore gets a lot of heavy traffic through I-35, so car wrecks are common.
Injuries sustained in a car accident can be life-altering temporarily and sometimes result in permanent effects. You will likely miss time at work, incur substantial medical bills, and suffer through painful medical treatment that your injuries may necessitate. If another person is responsible for the accident that led to your injuries, a lawyer can help you seek financial compensation.
It can be difficult to balance time away from work, your family at home, recuperation from serious injuries, and financial concerns. On top of all that, dealing with insurance companies is rarely easy, and there are many details about the process that are easy to overlook. A personal injury lawyer can handle the insurance companies on your behalf and work to ensure that your claim ends with a fair recovery.
Recoverable Damages in Car Accidents
There are a variety of damages that injury victims can pursue in a car accident claim based on negligence. Everyday items of compensation may include:
- Medical expenses
- Loss of wages and future earnings
- Vehicle or other property damage
- Pain and suffering
The combination of lost time from work and high medical expenses can be stressful and overwhelming, especially while struggling to physically and emotionally recover from the injuries.
Negligence in Moore Car Accident Cases
Most injury claims related to car accidents arise from negligent behavior. Legal negligence occurs when individuals fail to live up to the standard of reasonable behavior. This is what the defendant did or did not do that caused the collision.
In car accident cases, drivers have a duty to follow traffic laws for their safety and the safety of passengers, other drivers, and pedestrians. Drivers who cause accidents due to driving under the influence or not stopping at a stop sign will be held responsible for all expenses related to injuries sustained from the accident. While disobeying traffic laws is not automatic proof of negligence, it is usually a good indicator of fault and liability in a car accident claim. If the other driver was cited for a traffic violation, there’s a good chance the insurance company will accept liability. However, this does not mean that the insurance company will agree with the treating doctors that the wreck caused all the injuries that required medical treatment. A common insurance defense ploy is to claim that the medical bills or treatment are excessive or too lengthy.
Car Accident Claims and Comparative Negligence
In some car accident claims, more than one driver may be responsible for an accident that led to injuries. Injury victims themselves may bear some degree of fault for the accident. When this situation occurs, the principle of comparative fault may still allow injury victims to recover compensation for their losses.
If an injury victim exceeds 50 percent at fault for a car accident, Oklahoma Statutes §23-13 prevents the person from obtaining anything in the lawsuit. If the party is less than 50 percent at fault for the accident, however, they still may be able to bring a personal injury claim against the other parties who may be at fault. This amount of fault percentage will reduce the verdict to the plaintiff by that percentage.
Allow an Injury Attorney to Review Your Case
Whenever negligence or carelessness causes an accident where you or a loved one suffers injuries, you should consider exploring the possibility of a personal injury claim. A Moore car accident lawyer can investigate the circumstances of your case, evaluate any legal claims you may have, and help you make decisions about pursuing those claims.
While contacting legal counsel may not be foremost in your thoughts following a car accident, there are time limits on your ability to file personal injury claims. You may wish to speak to a Moore car accident attorney as quickly as possible following your accident to avoid missing any opportunities that you may have to pursue your claim. Call today to schedule a free case review.