If you were riding in a vehicle as a passenger or driver and involved in an accident you may have suffered serious injuries. In either case, if you were not at fault for the accident, you will be entitled to recovery for your damages. Even, in cases where you were not wearing a seat belt recovery is permitted if you have been injured. It is important that you understand your rights. Read the following article to get a better understanding of your rights and steps to take after a car accident.
What If I Wasn’t Wearing A Seat Belt?California has seat belt laws, which should be followed. However, not wearing a seat belt will not exclude you from recovery. It will however, limit your claim for damages and potentially limit your overall ability to recover. Insurance companies will routinely deny or limit your claim for damages if you did not wear a seat belt and were injured. While it is required that you wear a seat belt, not wearing one is not grounds for claim denial. Instead courts will assign you a percentage of fault for not wearing a seat belt. In turn that percentage of fault will be deducted from your overall award of damages. Courts will assign each party a degree of negligence.
Who Is Liable for My InjuriesLiability or fault will depend on the facts. Were you rear ended? Was it a t-bone accident? Each case is different in regards to liability. In certain cases liability will not be determined until the at fault party gives a statement. In such cases you will often need to evaluate the scene of the accident. If the police report is inaccurate this can also shift liability, even when it is inaccurate. In order to asses liability we will carefully evaluate the facts on record. Our job is to determine who was at fault and work aggressively to help ensure you are protected. Here are some examples of liability issues that can arise after a car accident. You were rear ended and the at fault driver is now denying liability. Or the police report is inaccurate after a car accident. More challenging cases are those where a driver failed to stay in the designated lane and light patterns will need to be evaluated. Each of these are scenarios that occur regularly. That is why it is important that you have the best representation possible in assisting you with your claim.
Common Injuries in Accidents Where a Passenger or Driver Was Not Wearing a Seat BeltHere is a list of some common injuries in a car accident:
- Broken nose
- Head injuries
- Damaged or broken jaw
- Dental damage
- Neck injuries
- Loss of sight
- Hearing loss
- Back injuries
- Spinal injuries
- Knee damage
What is the Value of My CaseWhat is the value of a broken nose after a car accident? This is a commonly asked question, with no real definite answer. Its value can be anywhere from $10,000 up-to $1,000,000. Here are some important factors to consider when attempting to evaluate your car accident claim.
- Did you have insurance at the time of the accident? Was a valid insurance coverage present?
- Do you have loss of income?
- What is the limits of the insurance coverage for the responsible vehicle?
- Is the injury correctable?
- What is the cost of corrective or plastic surgery?
- How serious is the damage?
- Will future medical care be required?
- What is the degree of pain and suffering associated with your claim?