An auto accident refers to an incident where there is a collision with another vehicle, pedestrian, or any obstacle in the road. These crashes could result in emotional distress or even pain and suffering for those injured in the accident (and even their loved ones). Car crashes may be more traumatic if they are brought to court but not handled properly. As such, legal help is necessary.
Accident law should not be taken lightly. Victims of an automobile accident that caused serious injury and property damage should hire a lawyer knowledgeable in injury law. Seek legal representation and file a vehicle accident case as soon as you can. Courts will often look into the severity of the accident if there were any wrecks or fatality, and what traffic laws were violated.
In some cases, it may be treated as a no-fault vehicle accident if the crash was caused by a defective engine or other unavoidable circumstances. Most, however, are due to the negligence of the driver at fault. Below are two defense strategies that the other party might use in your car accident case. Read on to know what to expect.
- Unusual serious injuries
A car accident injury must first be proven as such. There are instances when it is difficult to prove that a certain physical pain or bodily injury (such as a fracture in an unusual spot, certain brain injuries, or even paralysis) is indeed caused by the car crash.
For an unusual injury, make sure you present sufficient evidence to prove that you were injured in the auto accident, regardless of the injuries are common or not. Work with your car accident lawyer to get testimonials from witnesses. These would be useful in your accident lawsuit and would help make a negligent or reckless driver liable for his or her actions.
- Professional drivers
Circumstances could be different if you were injured in a truck accident. A truck driver (or that of any large commercial motor vehicle) could use his professional license as a defense.
His or her truck accident lawyer could cite that in West Virginia, having a professional license signifies that its bearer is capable of following strict driving protocols and standards. This is one of the most common defenses in truck accidents, so it would be best if you are prepared.
While it is true that not everyone can drive a tractor-trailer or any of the large vehicles used for trucking, a driver who had been reckless or careless should be held accountable for your accident injuries.
Aside from these defenses, it would also be helpful to know how timing can affect your case.
Under the West Virginia statute, there is only a certain period when you can file an accident injury claim. Some are not familiar with this, so some miss the deadline for filing such injury claims. In contrast, some rush to file an injury claim right after the accident, without having enough time to prepare with their injury lawyers. This is why you should hire the best lawyers for your case.
Negotiation is a legal process where the perpetrator, car accident victims, and any auto accident lawyer concerned (or sometimes even insurance companies) discuss to arrive at a settlement. In most instances, the discussion does not end with a car accident settlement. If a car accident lawsuit would be necessary, make sure your legal rights are protected. Get an accident lawyer who will work with you and fight for you.
If you find yourself in any of the above situations, hire an auto accident attorney and do not attempt to handle matters on your own. Car accident cases are complex and you need someone to help you understand the risks and your different options.
Car accident law and injury cases must be taken very seriously and legal consultation is crucial. For concerns on auto accident cases or paperwork related to vehicle accidents, give us a call at Ghaphery Law Offices, PLLC.