Auto/Truck Accidents
Auto/Truck Accidents
. No one wants to be in a car accident. No one wants to be hurt in a car accident. You can’t go to work. Bills go unpaid. You are in pain. It’s not your fault. To top it off, the insurance company for the person that hit you may not return your calls.
. Approximately one thousand people in Arizona die each year in vehicle crashes. On average, crashes costs Arizona $15,000,000,000.00 per year.
What do I do after a car crash?
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1. Stay at the scene in a safe place.
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2.Exchange information: Insurance Company name, policy number and phone. Names, phone numbers, addresses and e-mail addresses of all potential witnesses AND police report number, phone number, officer name, badge number.
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3. TAKE PICTURES Damage Accident scene (road conditions/skid marks/debris in roadway/vehicle positions, and intersection/address/exit number, Identification (clear photos of insurance cards, license plates)
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4. CALL the police, or dial 911 ​
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5. CALL OR TEXT FRISBY & FRISBY, PLLC 520.800.5000 (referrals for medical treatment provided)
What Do I Do About the Insurance Company After a Car Wreck?
The number one rule when dealing with an insurance company after a wreck is being cautious. You can bet that the insurance company is looking out for their best interest. This means that the adjuster may try to question you or take a recorded statement immediately following the wreck.
As you know, immediately following a wreck, you are still emotionally shaken and sometimes
under the influence of doctor-prescribed medications.
It’s Best Not To Give a Recorded Statement to the At-Fault
Insurance Co.
At Frisby & Frisby PLLC, we strongly suggest not giving a recorded statement to the at-fault person’s insurance company regardless of how much the adjuster pressures you to do so; or regardless of how much you believe the other party was at fault. The conversations can happen later.
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We suggest you correspond with the insurance company in writing as much as possible. In addition, do not sign any authorizations giving the insurance company permission to obtain your medical records.
And certainly, do not sign any settlement agreements until they have been revised by a competent accident lawyer.
Remember, as kind as an insurance adjuster may sound, he or she is not your friend; he or she works for the insurance company and is mostly likely bonused on factors such as the number of cases he or she settles and how much money the insurance company saves.
Types of Car Accident Injuries
A car crash can cause a number of injuries. The major injuries our car accident attorneys see include:
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Catastrophic Injuries
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Spinal Cord Injuries
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Traumatic Brain Injuries Whiplash
Causes of Car Accidents
Car accidents can be caused by a number of factors. The major causes our vehicle accident lawyers see include:
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Distracted Driving (On Cellphone)
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Drunk Driving
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Head-On Collisions
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Rear-end Collisions
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Speeding
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Rollovers
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Multi-Vehicle Crashes
I’m Hurt and I Don’t Have Health Insurance
If you’ve been injured in a car collision and don’t have health insurance or your health insurer is refusing to pay for your treatment, the accident lawyers at Frisby & Frisby, PLLC can help and give you legal advice.
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We have a network of doctors who will agree to treat you for your injuries and with until your case is resolved before seeking payment.
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We have helped our clients get treatment for injuries ranging from soft tissue injuries requiring therapy to dental work, plastic surgery and spinal cord surgeries.
For more information about this service, please give us a call at (520) 800-5000.
Who Is at Fault in a Car Wreck?
In the legal world, we use the word negligence instead of fault. In order to collect compensation for your injuries and property damage, we have to prove that the person who caused the wreck was negligent, or at fault.
What is Negligence?
Negligence is defined as the failure to use ordinary care, that is, failing to do that which a person of ordinary prudence would have done under the same or similar circumstances or doing that which a person of ordinary prudence would not have done under the same or similar circumstances.
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Ordinary Care means that degree of care that would be used by a person of ordinary prudence
under the same or similar circumstances.
Why Does Proving Negligence Matter?
The words defining negligence and ordinary care above are very specific and each one is important.
If your case goes to trial, the jury will be given these definitions and asked whether the person who “caused” the wreck was negligent.
Insurance companies know this.
They know that the definitions can cause confusion and they will use this to their advantage. In the event your case goes to trial, the insurance lawyer may admit to the jury that his client “caused” the wreck but argue that his client was exercising ordinary care and therefore not negligent.
You need a skilled personal injury attorney on your side to combat this type of argument. If you wait too long to consult a lawyer, the insurance company may take your recorded statement and conduct a results-oriented investigation aimed at proving their insured (the person who caused the wreck) was not negligent.
Don’t let this happen to you or a loved one.
Contact us today and we will immediately begin investigating your case and protecting your rights.
How Else Will Insurance Companies Defend Lawsuits?
In addition to arguing that their insured wasn’t negligent, insurance companies may argue any of the following defense, which if successful could keep them from having to pay for your injuries and damages:
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New and Independent Cause: The insurance company may admit it’s insured caused the wreck but argue that a new and independent cause interrupted the causal chain. A new and independent cause is an act or omission of a separate and independent agency, not reasonably foreseeable, that destroys the causal connection, if any, between the act or omission, inquired about and the occurrence in question and thereby becomes the immediate cause of such occurrence. The insurance company may admit its insured caused the wreck but the caution was interrupted by a new and independent cause.
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Emergency: The insurance company may argue that their insured was confronted by an “emergency.” In order to argue this defense, the “emergency” must arise suddenly and unexpectedly, not be proximately caused by any neglect on the insured’s part, and be a situation which, to a reasonable person, required immediate action without time for deliberation. If the insurance company can show their insured’s conduct in such an emergency is not negligent or the insured did not fail to use ordinary care after such emergency arose, the insurance company can avoid paying for your injuries and damages.
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Unavoidable Accident: The insurance company may argue that the accident was “unavoidable.” An occurrence may be an “unavoidable accident,” that is, an event not proximately caused by the negligence of any party to the occurrence.
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Act of God: The insurance company can also escape liability if it can prove that the accident was the result of an “act of God.” If an occurrence is caused solely by an “act of God,” it is not caused by the negligence of any person. An occurrence is caused by an act of God if it is caused directly exclusively by the violence of nature, without human intervention, and could not have been prevented by reasonable foresight or care.
Car Accident Settlements
People often try to settle their auto accident claims and deal with the insurance companies by themselves.
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They think that if they deal with the insurance company on their own, they will avoid having to pay a lawyer a percentage of the settlement from their motor vehicle accident. This may be true.
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And when it is economically beneficial for potential clients to settle on their own, we highly recommend the same. But, as you can see from the definitions of the legal terms above, the personal injury world can be quite confusing. While some people are better off settling their case by themselves, it’s usually better to consult a car accident attorney.
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We don’t take every case that calls. If we think you’ll make more money handling your case yourself, we’ll tell you. Some typical issues “pro se” (Pro se is Latin for “on one’s own”) plaintiffs encounter are:
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Loyalty to the Insurance Company: Many people think that their insurance company will help them out since they’ve been loyal customers for many years. False. Insurance companies are in the business of making money and will take every opportunity to deny or underpay your claim.
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Settling for Less Than the Case is Worth: Many car accident victims settle for the first offer the insurance company makes. Or perhaps they make one counter demand. An experienced accident lawyer knows the value of cases, and know-how to derive the most value from your case. Moreover, often hiring a reputable car accident lawyer will result in a higher offer.
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Assuming the Case Will Settle and Not Go to Trial: People always think their case will settle. While it is true that most cases settle, yours could always be the ones that don’t. If you haven’t prepared your case well from the beginning, even a great trial lawyer will struggle to present your case to the jury if you hire him or her late in the game.
How much should you expect from a Car Accident Settlement?
Every motor vehicle accident is different and there can be thousands of variables to consider when calculating a settlement amount. These include your injuries, medical bills, loss of income, treatment plans, and other factors depending on the wreck.
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If you want to get a rough estimate of how much to expect from a car accident settlement, add up your medical expenses, motor vehicle repairs and lost wages. Multiply that sum by three to five.
What is the Standard Contingency Fee for a Lawyer?
The average contingency fee for a personal injury lawyer is 33 1/3 to 40 percent for a personal injury case. This fee varies based on the case and if the case ends up going to trial.
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With a contingency fee agreement, you do not pay a lawyer until your case has settled. This means no money out of your pocket at all for any medical bills, treatment, or any other expenses related to your accident.
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The Tucson car accident lawyers at Frisby & Frisby will handle every detail of your case, make sure you get the proper treatment, take care of your medical expenses, and get the compensation you deserve!
Talk to a Tucson Car Accident Attorney Today!
The auto accident lawyers at Frisby & Frisby have an enviable record representing drivers and passengers involved in car accidents in Arizona.
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Call us at (520) 800-5000
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Frisby & Frisby has a team of accident lawyers waiting to help you. Call no for legal advice from an experienced injury attorney and receive a free consultation on your case today!
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This could be the most important step you take after a car collision or accident.
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