Critical Steps to Take after an Auto Accident
Automobile accidents change lives everyday. The resulting impact of such accidents run the gamut, from a minor inconvenience to the absolute destruction of one’s life. Because of the average person’s reliance on their automobile, even a minor auto accident can severely impact one’s life. This is particularly true, when the automobile is rendered inoperable and the covering insurance company either refuses to pay enough to cover it’s repair or replacement or drags its heels in issuing a check.
Approximately 3,200 people die in the United States, each day, as a result of auto accidents. Many, many more are severely injured – approximately 40 million per year. On average there are approximately 15 – 20 thousand auto accidents per day, in the United States. Given these figures, it is extremely likely most of us will be involved in an auto accident, at some point. Knowing how to deal with it and what to expect, when and if it happens, is invaluable. So, what steps should you take, after an auto accident?
First, be careful what you say, immediately following the accident. If you’re ever involved in auto accident, your adrenaline will be pumping and your emotions will be high. Talking to onlookers or – even – to others involved in the accident can lead one to saying things he or she wished she hadn’t said. Let’s face it, there are very few of us who would be able to go through a traumatic experience, such as an auto accident, and – yet – still be in complete control of the words that come out of our mouths. If you choose to make any comments, these could very well turn out to be used against you by the insurance company or the other party, if a lawsuit proceeds. For example, comments like “where did that guy come from?” or “I didn’t see him!” can hurt you later, and can serve as evidence against you in an insurance investigation or in court. Try to say as little possible. Your focus, at this point, should be on one thing – making sure the police have been notified and are en route to the location.
Second, avoid arguing fault with the other driver(s). This point dovetails with the prior one, about being careful what you say, but it is well worth mentioning it, on its own. When an auto accident occurs, people will often get out of their vehicles and vent their disgust with the other driver, particularly when they believe that other driver caused the accident. Avoid doing this. Again, there will often be onlookers and others who will hear everything you say. There are very few things you could say, at this point, that will help your case, but many that will hurt it. Furthermore, the law has a special exception, called the “excited utterance doctrine,” which allows many comments that would otherwise be prohibited as hearsay to be admitted at trial.
Third, hire an attorney. Contrary to the hordes of automobile-insurance commercials we are inundated with daily, all of which indicate their sole goal is help their clients at their time of need, your insurance company’s only goal is to make money. Insurance companies do this by paying as little as possible, when a legitmate claim comes along. The LAST thing your insurance company wants you to do, if you’re filing a claim, is to hire an attorney. This is exactly why it should be the FIRST thing you do, once you’re safely away from the scene of the accident, of course.
The reason insurance companies don’t want a claimant to hire an attorney is because they know that – while they are often able to manipulate people – that ability ends, the moment that claimant hires an attorney. When a claimant hires an attorney, it also throws the insurance company off its offensive manuvering, forcing it into a defensive position. This is because once a claimant has hired counsel, the insurance company now has a decision to make. Should the company spend a bunch of money on its own attorneys, fighting your claim, or should the company increase the amount of money they are willing pay you? The thing to remember is that, although insurance companies will act like they are in charge of how much money you get paid, they are not. A judge or jury is the ultimate decision maker, when it comes to determining one’s payout. They key to getting the insurance company to really sit down and determine how much your claim is really worth is to make it clear to them that you have legal counsel willing and able to take the matter all the way through trial, if necessary.
These are the reasons that, statistically, claimants with attorneys receive higher payouts than those without, even after their attorneys have been paid. If you or someone you love has been involved in an accident, call us today. We are happy to answer any questions you may have. Hoffman Law fights hard to recover the absolute largest payout you are entitled to, and – when it comes to auto accidents and all personal injury cases – we don’t get paid unless you get paid.
How does Comparative Negligence Work in Massachusetts’ Tort Cases?
Comparative negligence is essentially a way of dealing with contributory negligence. Contributory negligence is where the plaintiff to the personal injury lawsuit (the party brining the lawsuit) also did something negligent that contributed to the injury or the accident. The example often given is that of a pedestrian who is hit by a motorist. Imagine the motorist is speeding and strikes the pedestrian who is crossing the street. If the pedestrian brings a personal injury claim against the motorist, the motorist can – in return – file a contributory negligence affirmative defense. If the motorist is able to show, at trial, that the pedestrian is at least partially responsible for the accident, then the jury can reduce the award the pedestrian receives by the percentage the jury finds the pedestrian to be at fault. For example, If the motorist presented evidence that the pedestrian was not crossing the street in a designated crosswalk, and if the jury found the pedestrian to be 45% at fault for the accident, then any award the pedestrian receives will be reduced by 45%.
Comparative negligence has another aspect to it, in that it can cause the plaintiff’s claim to be barred. For example, in Massachusetts, if the plaintiff is found to be more than 50% at fault, the plaintiff is barred from recoverying anything. Thus, in the example just given, if the jury were to find that the pedestrian were 51% or more at fault, the pedestrian would receive nothing.
One interesting issue that relates to this is the failure of an accident victim to use a seatbelt in a motor vehicle accident. The Massachusetts’ Supreme Judicial Court has ruled that the failure of an accident victim to use a seatbelt CANNOT be used against him or her, in terms of contributory negligence. Shahzade v. C. J. Mabardy, Inc., 411 Mass. 788, 796 (1992). Even though statistical evidence shows that one is far more likely to be injured or injured more seriously, in an auto accident, if not wearing a seat belt than if wearing one, the SJC has said it cannot be considered in a civil matter. Of course, you should still wear your seat belt!
What is a Contingency Fee Arrangment?
In most cases, we will take your personal injury case on a contingency fee arrangement. What is a contingency fee arrangement? A contingency fee arrangement is a fee structure where you pay no money up front. In fact, you will never pay a thing, unless we recovery for you. In some cases we are able to settle your case, but – at other times – we must take your case all the way to trial.
Once we have recovered for you, either through a settlement or judgment, we receive a percentage of the amount we recovered, on your behalf. This allows you to avoid paying large retainers and attorney’s fees, up front. The choice is always yours. Hoffman Law also takes personal injury cases on an hourly basis. We can discuss with you the benefits and drawbacks of each payment structure, as it applies to your case.
In addition to these two regular payment structure, Hoffman Law offers a number of other options. Call us today, and we will be happy to answer your questions.