Marion Car Accident Lawyer

Victims of car accidents may suffer a range of serious injuries, ranging from lacerations and bruises to brain damage and broken bones. These conditions may require weeks of medical treatment and thousands of dollars in rehabilitative services. Recovery is important after an accident. You may also wish to consider seeking support from a Marion personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi PLC when you are well enough.

Medical bills, vehicle repair or replacement costs, and lost wages may add to the financial burden you have after a car accident. Getting compensation for injuries caused by other drivers is possible with the help of a Marion car accident lawyer. In many cases, victims of car accidents do not fully recover from serious injuries, which can take years to heal.

Why Car Accidents Occur

The United States is home to hundreds of traffic accidents each day. According to the Insurance Institute for Highway Safety (IIHS), there were nearly 43,000 crashes in the latest reporting year. There are more than ten accidents involving motor vehicles every day, and many of the common causes of these wrecks can be avoided. Automobile and commercial truck insurance are underinsured or nonexistent for a significant number of drivers.

There are numerous reasons for road accidents. Distracted drivers take their attention away from the road when behind the wheel. Additionally, drivers who spend multiple hours behind the wheel can become fatigued, resulting in preventable errors.

Additional causes for serious car accidents include bad visibility, poor road design, drunk driving, or road rage by other drivers. Accidents can have a variety of reasons, but their outcomes are often the same, resulting in car damage, property damage, and injury.

4 Things to Do if You Have Been in a Car Accident

You can protect yourself and your interests if you are involved in an automobile accident. In the event of an automobile accident, here are things four you should do:

1. Take Pictures

When you see visible damage on a vehicle, take pictures if you carry a camera in your vehicle or with your cell phone if you have one. You also need to take pictures of visible injuries.

The police investigation, however, should not be interfered with in any way. Take pictures as soon as you can after the accident if you are not able to do so at the scene.

2. File a Police Report

Tell the investigating officer(s) exactly what happened, as accurately as you can, when the police arrive. If certain facts are unclear to you, tell the officer.

Do not speculate, guess, or make any false statements. You should say that you are not sure if you are injured if asked if you are injured. In motor vehicle accidents, pain and injury are often evident hours after the collision. 

3. Get Medical Help

After an accident, you may feel perfectly fine, but some injuries do not become apparent until after a few hours or days have passed. If you experience pain or other unusual symptoms, consult your doctor. A minor impact can cause serious head or spinal injuries.

It is important to document any physical injury you experience as a result of a collision with your auto insurance company.

4. Hire a Car Accident Attorney

You should consult an attorney as soon as possible after a crash. This will allow your rights to be protected, and valuable evidence will not be damaged. It is common for insurance companies to request recorded statements immediately following a wreck.

Providing such a statement should only be done after consulting a car accident lawyer in Marion, AR. Your attorney can assist you with everything from making sure you are fully compensated for your vehicle to making sure you receive the best medical treatment available. Injury lawyers work on a contingency basis, meaning they do not charge a fee unless they are successful in recovering compensation for your injuries.

Common Causes of Car Accidents in Marion

Your car accident attorney in Marion, AR, will get started on your case by figuring out who is responsible for compensating you for your damages. To do this, we need to examine the cause of the accident.

In many cases, car crashes are caused by negligent driving. This can include nearly any type of behavior or driving practices that could be considered unsafe. Some examples of negligent driving could include:

• Failure to stop traffic lights and stop signs
• Driving over the speed limit
• Distracted driving
• Reckless driving
• Driving under the influence of alcohol or drugs
• Failure to use a turn signal
• Following too closely
• Making unlawful turns
• Failure to yield to the right of way
• Road rage
• Other types of traffic violations

If the cause of your accident was negligent driving, the driver who hit you will more than likely be sued for your damages. However, this may not always be the case. In drunk driving accident cases, for example, not only cause a drunk driver to be held accountable but according to Arkansas dram shop liability laws under ARK. CODE ANN. §16-126-.104, dram shops and dram shop employees can be held accountable for a drunk driving accident victim’s damages.

Other Ways Car Accidents Happen

Negligent driving is not the only way car accidents happen, however. There is also a possibility that vehicle parts malfunctioned or the accident was caused by hazardous road conditions. If the accident happened because of dangerous roads or faulty car parts, several parties could share the blame for your injuries, including:

• Safety inspectors
• The Arkansas Department of Transportation 
• Motor vehicle maintenance workers
• The city of Marion or other local municipalities
• Government officials
• Motor vehicle dealership executives
• Road construction workers and subcontractors hired by the government

These are just a few examples of parties who may be held accountable after a car accident. We will know more after we conduct an in-depth investigation and gather evidence to prove negligence and liability.

Recovering Compensation from a Marion Car Accident Claim

You may be entitled to compensation if you have been injured in a car accident that was not your fault. Whether you are a driver, a passenger, or a pedestrian injured in a collision, you are likely to be compensated for injuries, anxiety, medical expenses, lost income, and other expenses directly related to the accident.

Car accidents can vary dramatically in terms of the compensation you can claim, as with most accident claims. There is simply no way to predict in advance how each person may be affected by a car accident. 

Your personal injury attorney will instead calculate compensation based on two types of damages. These include general damages and special damages.

General Damages

General damages describe your non-economic or non-monetary damages. These do not have a financial value. However, due to the often extreme impact they have on victims’ lives, they should be taken into consideration accordingly.

Your attorney will need to discuss with you in great detail the various ways your life has been affected. We need to learn details about your experiences to determine how much we should seek in damages. This includes discussing how your injuries affect your daily life, activities, events you can no longer participate in, and how you are coping emotionally. 

Some examples of general damages you could recover after a Marion car accident include:

• Pain and suffering
• Emotional distress
• Diminished quality of life
• Disfiguring skin scars
• Loss of consortium
• Permanent disability
• Loss of enjoyment of life
• Reputational damages
• Embarrassment and inconvenience
• Mental anguish

Special Damages

Special damages are also commonly known as economic damages. These losses are far more easily quantified since they have fixed financial values. Your attorney will analyze your financial records and bank statements and review receipts and out-of-pocket expenses to calculate the value of your special damages.

The liable party will not only be expected to compensate you for your vehicle repairs. Some of the other types of damages you can recoup include:

• Income you lost from taking time off of work
• Loss of employee benefits, such as paid time off, sick time, employer-provided health insurance, and retirement savings contributions from your employer
• Existing medical bills, ongoing medical treatment, and the costs of medical devices
• Other healthcare-related expenses, such as the cost of hiring a home health aide and making accommodations to your home
• Rental car expenses and the diminished value of your vehicle
• The cost of purchasing a new motor vehicle

Ways to Recover the Compensation You Deserve After a Car Accident

There are multiple legal options that may be available to you after a car crash. If the driver that hit you or another liable party has insurance coverage in place, you may be able to file a claim against their insurance policy. This is because Arkansas follows fault-based auto insurance laws.

Unfortunately, filing a claim against the liable party’s insurance may not be sufficient. Insurance will not cover every loss, and you may find yourself with excess damages.

You may have the option of filing a claim with your no-fault insurance policy, but this may not always be well-advised. Instead, you may want to consider moving forward with a personal injury lawsuit against those responsible. This way, you can be awarded compensation for every single loss, not only those covered by the insurance company.

5 Steps to Filing a Car Accident Insurance Claim

As a result of the differences in regulations between states, the reporting and claims processes can also differ. Even though the exact steps may vary, here is what you need to know on how to make a car insurance claim.

1. Notify the Proper Authorities 

If the accident is severe, you will need to contact the authorities. Documenting the accident is crucial. 

During this process, they will document the details of the accident based on the testimonies of all parties involved (including witnesses). Insurers will use this documentation to determine which party is responsible for damages.

2. Find Out Who the Other Party Is

You have the right to know the other driver’s name and contact information. Providing your personal information is also your responsibility. You must have the following information:

• Name
• License number
• Plate number
• Insurance details

3. Obtain Witnesses’ Information

You should also obtain the contact information of any witnesses who can assist you with your claim. Witnesses may want to share their experiences with the accident. However, not everybody is interested in doing so.

If they do not want to talk, do not be rude. Many witnesses who remain on the scene are more than willing to assist.

4. Photograph the Accident Scene

Do not hesitate to take pictures of the accident scene if you are carrying a camera or camera phone at the time. You may be able to file a claim with the help of photographs taken at the accident scene. 

5. File Your Claim

The initial complaint needs to include an overview of the accident and a proposal for compensation. If you have a Marion car accident attorney, they can:

• Analyze your accident
• Get evidence to use in your claim
• Write the first complaint
• Estimate the amount to be settled
• Make sure it is filed properly

Underinsured vs Uninsured Motorist Accidents: How They Differ

Underinsured motorist claims are different from uninsured motorist claims primarily because the person who injured you has to be covered by insurance. 

In the case of underinsured motorist coverage, you make two claims: one against the other driver and one against your own insurer. When you deal with an uninsured motorist, you will only need to file a single claim with your insurer through your UM coverage. To make sure that all your costs are covered up to the policy limit, your car accident lawyer will work with your insurance company.

Contact a Car Accident Lawyer in Marion, AR Today

The Marion car accident lawyers at Gatti, Keltner, Bienvenu & Montesi PLC can protect you from legal claims that the other party, who was at fault for the accident, will make an effort to deny responsibility, even if your accident was minor. 

It is best to schedule a free consultation with a Marion car accident attorney to learn more about what they can do for you. This will allow you to ask questions and discuss details specific to your case.