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Accidents

Settling Your Car Accident Case

Negotiating with the opposing party will take some time; usually several days if not a week or two. If neither you or the opposing side can agree to an offer, you would be wise to use some of the following strategies to move things along: Seek Out a Neutral Party If you and the opposing party are unable to reach a compromise, you could bring in a professional third party to help mediate the talks. A good candidate for a mediator would be a professional personal injury lawyer, and preferably one who has had experienced in mediating other cases. In addition, the mediator should be completely neutral and not biased for or against either party in the negotiations. The advantage to bringing in a mediator is that they can give both sides a new perspective on things, and perhaps open up new possibilities for a settlement. Which makes it extremely important to have the best criminal defense lawyer by your side when this happens. Only Make Written Offers You should try to avoid back-and-forth verbal proposals with the opposing party. Write down all of your proposals you make so that there is no confusion as to the content of it. Reaching an Agreement Regardless of how you come near to an agreement, whether it’s by negotiation on your own or by the help of a thirty party mediator, at some point you may be presented with an offer that, while not what you were hoping for, could still work in your view. Before you sign off on the offer, be sure to thoroughly check it over with your criminal defense lawyer in Sunnyvale. Looks to see which of your medical bills will be paid for, if you have received reasonable compensation, and if your insurance rates will not skyrocket to levels that you cannot afford. In order for an insurance company to agree to a deal and send a check, it has to receive the signatures for a release by both parties; a release is a legal document that states the injured party will accept the monetary amount in the settlement in exchange for not pursuing more claims about the accident.

What Can You Expect From a Car Accident Case?

When car accidents happen, the driver of the vehicle involved in the crash will usually be held responsible and be forced to pay the damages. However, car accidents are not always all this simple. The laws, as they are with most things, are complicated with car accidents as well. For example, how does insurance fit into everything? How do injury claims work? These are just a couple of the questions that can arise in a car accident case. Source: Michael Dreishpoon, a criminal defense lawyer in Queens. Legal Duty A duty is what each driver on the road owes to all of the other drivers on the road. For example, as soon as you step behind the wheel of your car and pull out onto the road, you have a duty to share that road with everyone else who uses it: other drivers, pedestrians, passengers, and cyclists. In order to be charged with causing a car accident, you have to be charged with breaching your duty (more info on the right criminal defense lawyer here). The opposing party who is filing a lawsuit against you will want to prove that the accident was the result of your negligence. In order to determine if you breached your legal duty, your actions will be compared to what a reasonable driver would have done. It will be determined that you were negligent if the jury decides you didn’t act as cautiously as how a normal driver would have; an example of how they can prove this is if you have ever been ticketed for a traffic violation. Another way they can prove you were not cautious enough is if the car accident led to the injury of a pedestrian or of another driver. While this is certainly not enough to prove that the driver was entirely responsible for the accident, it will prove that you were negligent and therefore contributed to the injuries sustained in the car accident case. If the driver were truly responsible for the accident, it would have to be proved that the injuries in the accident would not have happened had it not been for the driver’s negligence. Get partnered up with the best criminal lawyer in Queens New York.

When is the Driver at Fault?

As a common rule of the road, drivers need to be very careful driving when pedestrians are around. However, in some accidents the pedestrians can actually be at fault, and if the damage or injuries are serious enough, may be held liable for the driver’s damages. So what are some specific scenarios where the driver is technically at fault? When the Driver is Exclusively at Fault The responsibility of the drivers on the road is referred to a duty of reasonable care. All drivers are held to the same standards, and their actions in an accident will be weighed against these standards in the courtroom. This means that a driver has to be vigilant and hold their car under strict control when knowing that pedestrians are nearby. For instance, even if the allotted driving speed is only twenty miles an hour, the driver will still have to slow down when there are pedestrians walking or riding a bike on the road. The standard here is that any responsible driver would naturally slow down to avoid a possible collision with the driver. As long as the pedestrian did nothing to lead to the accident and no other individuals contributed to the accident, and as long as the driver failed to meet the driving standards that our society has set, the driver will almost always be held responsible for the accident and the blame will fall on them. However, there are also situations where the driver is partially but not fully at fault in driving accidents. When the Driver is Partially at Fault Not every car accident has to have only one party be guilty of the accident. In fact, in a plurality or majority of car accidents more than one party are probably responsible. This means that more than one party acted against the standards of the road. In this situation, the jury may choose to find both parties in a lawsuit guilty and have them pay a specified percentage in damages to the other.

Whose Fault is it for Pedestrian Car Accidents?

Being hit by a vehicle will be a traumatic and possible a tragic accident for two sides of people: the victim of the accident, and the individual who hit them with their car, whether it was an accident or not. Immediately following the accident, you would be more concerned for you or someone else’s safety if you’re ever on either side of the accident. Questions about a legal case probably wouldn’t come to mind until once the aftermath of the accident has set in. If someone suffered injuries in the accident and if someone else was responsible for those injuries, a lawsuit or some sort of legal case will almost always result. But whose fault is it in a pedestrian accident? Who’s Fault Is It? Without deciding whose fault it is in an accident, the entire lawsuit will be meaningless. Unfortunately, it can be very difficult to decide whose fault it really is. Things to take into consideration for deciding whose fault it is will include finding out if the driver ran a red light, if he or she was speeding, if they were under the influence, or if the pedestrian is technically at fault and could have easily avoided the accident. For instance, did the pedestrian wander out into the middle of traffic while distracted by their phone? The pedestrian will only be able to win a case if they can prove that the driver is somehow at fault. Unless if the pedestrian wandered out into traffic and there was no way for the driver to avoid the pedestrian, the driver will almost always be at fault or partially at fault. On the other hand, it’s also entirely possible that neither the driver or the pedestrian are at fault, but that a different person caused the accident. Perhaps another driver or another pedestrian on the road caused the accident when they ran a red light or stepped into the middle of the street and forced a driver to swerve and avoid them.