What are my rights after a car accident?

Accidents can be traumatic experiences, and the aftermath often involves dealing with injuries and damage to your vehicle. After a car crash, it is a good idea to get a basic understanding of your legal rights and the steps you can take following an accident to better ensure you protect your rights. One example is the legal theory of negligence. If the other driver was negligent, you might be entitled to compensation.

How do I determine if the other driver was negligent?

Negligence occurs when a driver fails to exercise reasonable care on the road, leading to an accident. Showing the other driver was negligent can help if you are going to build a claim to hold that other driver and their insurance financially accountable for the cost of the crash. Possible examples of negligence can include:

  • Driving over the posted speed limit or at an unsafe speed for the conditions.
  • Driving under the influence of alcohol or drugs.
  • Distracted driving (e.g., using a cellphone while driving)

These are just a few examples. Other actions may qualify depending on the details of the case.

How long does it take to build one of these claims?

Although the process can vary for each case, the process generally unfolds as follows:

  • Consult an attorney: Discuss your crash with a personal injury lawyer to evaluate your claim.
  • File an insurance claim: Notify your insurance company about the accident and your intent to file a claim.
  • Investigation: Your attorney and the insurance company will investigate the accident details to establish fault and liability.
  • Resolution: Options to resolve the matter can include settlement or litigation.

Accident claims may resolve through negotiations between your attorney and the insurance company. If successful, you may be able to structure a favorable settlement agreement. If not, your case may go to trial. During this litigation a judge or jury determines the outcome.

Understanding your legal rights after an accident and following the correct steps can significantly impact the outcome of your claim. From establishing the other driver’s negligence to navigating the complexities of legal proceedings, each step requires careful attention.

Case Results

Slip-and-Fall Settlement

$75,000.00 Settlement

A workout gym failed to address a known hazard, resulting in our client requiring surgery on her ankle.  Despite the gym denying liability, we presented compelling evidence and secured a $75,000.00 settlement to compensate for the client’s injuries, pain, and suffering.

Car Accident Settlement

$55,055.00 Settlement

Our client’s son was severely injured as a result of another driver’s reckless behavior traveling over 100 mph and hitting our client’s son head on.  The accident caused significant medical expenses and long-term rehabilitation needs. We worked tirelessly to secure policy limits from the reckless driver’s insurance. A $50,055.00 settlement to cover our client's medical bills, lost wages, and future care.

Car Accident Settlement

$55,055.00 Settlement

Slip-and-Fall Settlement

$75,000.00 Settlement

A dog owner failed to keep his large dog on a leash. His dog ran and jumped on our elderly client causing her to fall and hit her head. Our client suffered serious injuries.  We were able to secure a $75,000.00 settlement to compensate for the client’s injuries, pain, and suffering.

Medical Malpractice Settlement

$79,000.00 Settlement

Medical professionals failed to properly care for our patient resulting in her falling while under their care and injuring her back and knee. Through expert opinions and diligent negotiation, we obtained a $79,000.00 settlement to provide for our client's medical care and recovery.

Medical Malpractice Settlement

$79,000.00 Settlement

Deceptive Trade Practices Settlement

$114,971.96 Settlement

Our Client was rightfully owed money but due to the deceptive trade practices of the other party our client suffered additionally monetary losses. We were able to secure a favorable settlement in the amount of $114,971.96 for our client.

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Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. Abrar & Vergara team is licensed to practice law in Texas and New Mexico. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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