The legal rules that determine who is responsible for the personal and property damage resulting from a traffic collision are governed almost entirely by state law. Car accident law and car accident litigation consist of the principles of negligence applied to personal injury cases in which negligence law applies. If you are involved in a car crash make sure to stop your car immediately at or near the place of collision because leaving the scene of an auto accident is a crime known as “hit and run”. You must then report the collision to local police authorities and seek medical attention by calling an ambulance if necessary. Afterward, call your auto insurance company and hire a competent, bar-certified, attorney to handle any legal procedures you may expect to arise following a car crash. This article lists four possible legal procedures you can expect following an auto collision.

One: The Duty of Any Driver and Breach of Such Duty.

All drivers have a legal obligation to obey the rules of the road and to operate their vehicles in a reasonable manner, this is the duty of any driver. This means driving at a safe speed, maintaining control, exercising awareness, observing traffic signals, using blinkers and headlights. The existence of driver’s duty is usually accepted as the norm but car accident victims in every state must prove breach of duty by the driver being accused of being at fault in the accident. Therefore, the plaintiff will often be required to offer proof that the defendant breached that duty as exhibited by direct evidence, including eyewitness testimony, traffic surveillance video, or an uncoerced admission of fault. The plaintiff may also use circumstantial evidence, such as skid marks, paint smudges, or blood alcohol readings to show evidence of a breach of duty.

Two: Breach of Duty Does Not Mean Causation of Injury.

The plaintiff must prove the element of causation. The plaintiff may very well have suffered from a pre-existing condition before the accident therefore it is prudent to hire a seasoned attorney who can present evidence through expert medical testimony that can clearly demonstrate that the injuries incurred are consistent with the nature of the crash and that they did not exist beforehand. It is noted by an experienced Albuquerque Car Accident Lawyer that in most auto accident cases the court will not automatically assume that just because the defendant is proven to have breached the duty of operating their vehicle in a certain manner, that those circumstances caused the plaintiff’s injuries. Without the assistance of legal counsel, you will be left alone in the complex process of trying to prove causation of injury and ultimately leave yourself vulnerable to the tactics of the opposing side’s insurance company and professional legal team.

Three: The Plaintiff Must Prove Harm Dead or Alive.

If a drunk driver collides with you and dies in the crash or afterward the intoxicated vehicle operator is still responsible for the injuries and damages because the deceased driver was ultimately at fault for the accident.

Lawyers often look for car accident leads where there’s a clear showing of liability because they know that evidence will support the conclusion that the defendant breached his or her duty, and caused harm to the plaintiff.

Therefore, you can still obtain compensation through a personal injury lawsuit. The legal process will be different, however. Realize that regardless of how egregious the other driver’s conduct was behind the wheel, the plaintiff may not bring a negligence lawsuit against anyone unless the conduct of the defendant produced notable damage to the plaintiff’s person or vehicle.

Four: Criminal Charges and Civil Consequences.

As noted earlier, a driver who fails to stop after an accident when required to do so by law is liable to be prosecuted and if convicted faces time in prison. Driving without a license, drunken driving, or culpable homicide may result in a criminal charge if evidence presents itself and civil consequences including claims for damage to property, or personal injury can be ruled upon whether there is a criminal charge or not, which is yet another reason to hire sound legal counsel to deal with such legal procedures after a car accident.

In closing, it makes sense to know what legal procedures to expect after a car accident, from legally being required to provide your information to anyone with reasonable grounds to request it, to being duty-bound to operate your vehicle in a reasonable manner. Criminal charges can be severe including jail time. If harm is shown, the plaintiff may be entitled to compensation for medical expenses, pain and grief, lost wages, and more, as civil consequences. In the end, it is wise to hire a smart law firm to assist you with legal procedures.