If you’ve been injured in an auto accident for which you were not at fault, it may be in your best interest to seek the legal advice of a car accident lawyer in Wytheville, VA from The Law Offices of Mark T. Hurt today.
Five Common Questions Car Accident Injury Victims Have About Pursuing Legal Action
If you’ve recently been injured in an automobile crash, it’s time to voice your questions and concerns to a car accident lawyer Wytheville, VA motorists trust. As the experienced legal team at The Law Offices of Mark T. Hurt can attest, injury victims too often shy away from seeking legal guidance because they don’t understand what their options are. Advising injury victims about their rights and options under the law is a major aspect of our practice. If you have questions, don’t Google them for generic advice, come speak with a Wytheville car accident lawyer during a risk-free consultation to receive personalized guidance unique to your circumstances.
As you prepare to meet with our team, consider the basic answers to some of the most commonly asked questions we hear from potential clients. Once we understand the unique circumstances of your case, we can provide you with tailored responses that will help you to make informed decisions about your situation.
Number One: What if My Crash Was Work-Related?
If you are classified as a part-time or full-time employee and your crash was work-related, you’re probably eligible to receive workers’ compensation benefits as a result of your harm. You may also be in a position to file a personal injury lawsuit but you won’t be able to name your employer as a defendant in the lawsuit.
Number Two: What Can I Be Awarded Damages for?
Depending upon the unique circumstances of your case, you may be awarded damages for past and future medical expenses, pain and suffering, costs associated with a disability sustained in the crash, lost wages, lost earning capacity and more.
Number Three: What if I Was Partially to Blame?
If you were partially at fault for your accident, whether you will be able to collect any damages will depend upon where your accident occurred. Many states allow injury victims to collect considerable damages from others who were also partially at fault and some states will allow you to pursue damages as long as you were not more than 50% at fault. Virginia is a little harsher than most states when it comes to this issue, but it is important to not make assumptions about the value of your case or its strengths and weaknesses until an attorney has thoroughly investigated your circumstances.
Number Four: Should I Speak with Insurance Claims Adjusters Myself?
Insurance company representatives have been trained to protect the business interests of their employers. Therefore, it is likely that you will do best by your own bottom line if you allow an attorney to negotiate with an insurance company on your behalf. This is because experienced attorneys understand how to get around the tactics that many insurance companies use to devalue or reject viable claims.
Number Five: Do I Need an Attorney to File a Lawsuit?
Filing a winning lawsuit is a very complex process. This is one situation in which DIY is not the best approach. Connect with The Law Offices of Mark T. Hurt today to learn more about why having a Wytheville car accident lawyer represent your interests will place you in the best possible position to maximize your compensation award.
Factors Involved in Determining Fault for an Accident
Sometimes it is a fairly straightforward matter to determine which driver is at fault in a car accident. In other cases, it can be much more difficult. Each driver may share a portion of the blame to a certain degree, and that can make it difficult for you to recover damages if you are injured. To further complicate matters, the laws that determine who was at fault for a crash and who is entitled to compensation can vary widely from state to state, as a car accident lawyer in Wytheville, VA knows all too well.
If you believe that you were partially at fault for the accident, you still have the right to seek compensation for your injuries with the help of a car accident lawyer in Wytheville, VA. However, the entity responsible for determining what you deserve, whether that be an insurance company or the court, will take a number of factors into consideration to determine eligibility.
Admissions of Fault
If you admit to fault for a car accident, your words may be used against you later on. It is important to watch what you say, because when it comes to determining fault, your words may be subject to broad interpretation. As an example, the worst phrase you can possibly say at the scene of an accident is “I’m sorry.” Even if you only mean it as an expression of concern for the other driver, it could come back to haunt you later as an admission of fault.
If your actions or inactions, usually in violation of the law, partially caused the accident, that is called contributory negligence. If it is determined that contributory negligence on your part was partially to blame for the accident, it can reduce the amount of your claim or even invalidate it altogether – that is why you need the help of the car accident lawyer in Wytheville, VA to protect your rights.
This, however, depends largely on the laws of the state where the accident took place. Most state observe comparative contributory negligence, which means you should be able to receive compensation if the other driver was more responsible for the accident than you were, even if the ratio approaches 50:50. Your damages may be decreased by percentages the more fault you bear. A few states, however, have pure contributory negligence laws, meaning that you cannot receive compensation if you bear any responsibility for the accident at all.
Type of Accident
The type of accident can also make a difference, as a car accident lawyer in Wytheville, VA can explain. For example, a driver making a left turn is required to yield to oncoming traffic unless receiving a green arrow signal, and so often bears fault for a collision. Similarly, if you are rear-ended, you are almost never at fault for the accident even if you had to stop suddenly. The other driver is expected to maintain a safe stopping distance to compensate for this.
Insurance companies may try to leverage the confusion surrounding fault for the accident. A car accident lawyer in Wytheville, VA from our team will be able to explain to you what you deserve. Contact our office for a consultation.
What To Do If a Commercial Truck Slams Into Your Vehicle
Those who drive on city roads and freeways (and sometimes even country lanes) are required to share these routes with commercial trucks. It isn’t easy to miss a huge 80,000 pounds vehicle in the next lane over, so passenger car drivers are usually on high alert and are watching the truck driver’s every move. Unfortunately, despite being tasked with the duty of transporting such a huge vehicle, commercial truck drivers don’t always pay the same respect to others on the road. When crashes occur, the injuries and resulting damage can be catastrophic. If you’ve been hit by a truck and you’re wondering if you should call a Wytheville, Virginia car accident lawyer, the answer is “Yes.” However, it’s imperative that you call for medical assistance before making contact with The Law Offices of Mark T. Hurt. Preserving your legal options is critically important. But getting necessary medical care should always be your first priority.
What To Do In the Moments After
The minutes after the truck collision are crucial. The top priority is making sure that you (and everyone else involved in the crash) are okay, and getting medical attention if you need it. It is also important to call the police, although you can certainly call a Wytheville, VA car accident lawyer to assist you immediately before you make contact with law enforcement. Some accident victims understandably want to make sure a Wytheville, VA car accident lawyer is on the scene and advocating for their interests before the police arrive. When law enforcement officers arrive on scene, they will gather information that will later be turned into a police report of what happened. This document can be hugely influential in proving to insurance agencies and other entities that you were not at-fault for the collision. Secondly, an officer may evaluate you and/or the truck driver for intoxication. If you are not injured and you are waiting for your Wytheville, VA car accident lawyer and/or the police to arrive, consider taking the following proactive steps:
-Take photographs and video of the scene. What the crash scene looks like immediately after the collision is the best opportunity you have to capture all needed evidence. Take pictures of the damage to your vehicle, the trucker’s, and other cars involved. By gathering evidence, it puts you in the position to defend yourself along with filing a lawsuit for compensation from the at-fault party. Take pictures of intersections, landmarks, skid marks, debris in the road, broken glass, visible injuries, and anything else relevant.
-Exchange details with the truck driver. You will need the trucker’s first and last name (as written on driver’s license), phone number, address, driver’s license number, insurance carrier, license plate number, trucking company name, and contact of supervisor. If you were ushered to the hospital for emergency care, then the officer who took over the scene will probably have gathered these details for you that you can get at a later time.
-Refrain from making statements about the accident. Unless it is an officer asking for your statement about what happened, you should not be making comments with the truck driver regarding the collision. And whatever you do, never say it is your fault, even if you believe this to be true. There may be underlying factors that contributed to the incident which you aren’t aware of yet, but your Wytheville, VA car accident lawyer may uncover upon investigation.
How much does it cost to hire a car accident lawyer?
Some car accident victims may be hesitant to hire a car accident lawyer Wytheville, VA residents trust because they assume they can’t afford the legal fees. However, most car accident lawyers such as those at The Law Offices of Mark T. Hurt work on a contingency basis, meaning their fees are contingent on you winning your case. If you do not win your case, you will not owe your lawyer any money.
Who can be held liable for car accident injuries?
Generally, the driver who caused the accident will be held liable for any injuries. However, in certain cases, additional parties may be held responsible. For instance, if a crash occurred because of defective auto parts, the car manufacturer may be considered a liable party.
What do I do if the at-fault driver does not have car insurance?
It can be very frustrating to discover that the driver who caused the car accident does not carry insurance. However, you still may be able to recover compensation for your damages through your own insurance company. Your car insurance policy should come with Uninsured Motorist coverage. Your insurer can process your claim through the same method as it would for another insurance company.
What kind of damages can I receive in a car accident?
If you were hurt in a car accident caused by another driver, you may be eligible to receive several types of compensation. Your Wytheville car accident lawyer can help you pursue compensation for your medical expenses, lost wages, loss of enjoyment of life and emotional distress.
How long do I have to file a car accident claim?
In Virginia, the statute of limitations to file a car accident claim is two years from the date of injury. After that deadline passed, you will no longer have the right to pursue compensation. To avoid losing your right to compensation, you should consult an experienced lawyer about your case promptly.
Can I still receive compensation if I have a pre-existing injury?
If you injured an area of your body during a car accident that was previously injured, you may still be able to recover compensation for the aggravation of the injury. However, it is important to inform your lawyer about this right away. He or she can retrieve all of your medical records to differentiate between your current and previous injuries.
Should I take photos of the car accident scene?
Absolutely. Photos of the car accident scene are one of the most important pieces of evidence you can have in your case. Try to take several pictures of all the vehicles involved in the accident, traffic signs and skid marks on the road. If you’re not physically able to take these photos, you should not hesitate to ask a bystander for help.
If you sustained injuries in a car accident, schedule a consultation with a Wytheville car accident lawyer from The Law Offices of Mark T. Hurt, as soon as possible to discuss your case.
“Mark is great an his staff is second to none. They always answer questions an call you back, I especially want to thank Carol she is the best”
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.