Insurance companies sometimes wrongfully blame car accident victims for causing collisions to avoid paying out large claims. They may argue that the victim was at fault for the accident, using biased assumptions or incomplete evidence.
If this happens, you can file a lawsuit against the at-fault driver and, indirectly, their insurance company, challenging the wrongful blame. A skilled car accident attorney in Fayetteville can guide you through this process by gathering evidence, interviewing witnesses, and negotiating with the insurance company. They can also represent you in court if needed, ensuring that your rights are protected and helping you secure the compensation you deserve for your injuries and damages.
Why Do Insurance Companies Try and Wrongfully Blame Car Accident Victims?
Insurance companies often wrongfully blame car accident victims for several reasons, many of which stem from financial motives or biased assumptions. These tactics are designed to reduce the insurer’s payout or deny claims altogether. Here are the most common reasons why this happens:
- Cost Control: Insurance companies are businesses, and like any business, they aim to minimize expenses. By shifting the blame onto the victim, they can avoid paying out large claims. This may involve casting doubt on the severity of the victim’s injuries or arguing that the victim was at fault, even when there’s clear evidence to the contrary.
- Bias and Assumptions: Insurers often rely on preconceived notions about who causes accidents. For example, they may assume that younger drivers or drivers of certain vehicle types are more likely to be at fault.
- Failure to Investigate Thoroughly: In many cases, insurance companies may not conduct a thorough investigation. They may base their decision on incomplete information or rush to close the claim to save time and money. If they don’t interview witnesses or review all of the available evidence, they may wrongly assign fault to the victim without fully understanding what happened.
- Pressure to Settle Quickly: Insurers may offer low settlements early on in the claims process, hoping the victim will accept the offer without fully understanding their rights or the full extent of their injuries. If the victim is desperate for quick compensation, they may agree to a settlement that undervalues their claim, even if they were not at fault.
How Do Negligent Drivers Cause Car Accidents?
Negligent driving is one of the leading causes of car crashes. Drivers who fail to follow traffic laws or show disregard for safety put everyone on the road at risk.
One of the biggest threats to road safety today is distracted driving. This happens when a driver takes their attention away from the road to engage in activities like texting, talking on the phone, eating, or adjusting the radio. When drivers focus on anything other than driving, their reaction times slow, and they may miss important signs or fail to react quickly enough to avoid a crash.
Driving above the speed limit or too fast for road conditions is another common form of negligence. Speeding reduces a driver’s ability to stop in time if something unexpected happens, such as another car stopping or a pedestrian crossing the road. High speeds also increase the severity of crashes, making accidents more likely to result in serious injuries or fatalities.
Ignoring traffic signals or failing to stop at stop signs is another dangerous form of driver negligence. Running red lights or rolling through stop signs often leads to T-bone or side-impact collisions, which can cause severe injuries. Drivers may run these signals because they’re in a hurry, distracted, or simply not paying attention.
Moreover, driving under the influence of alcohol or drugs significantly impairs a person’s ability to drive safely. DUI-related accidents are often the result of slowed reflexes, poor decision-making, or blurred vision. Alcohol and drugs can cloud judgment, leading to risky behaviors like tailgating, drifting between lanes, or failing to notice traffic signals.
Aggressive driving behaviors, such as tailgating, cutting off other vehicles, or weaving in and out of traffic, further increase the likelihood of an accident. These actions are often done out of impatience or frustration, and they put both the aggressive driver and others in immediate danger.
Finally, not yielding the right-of-way or merging incorrectly onto highways can result in accidents, especially when a driver cuts off other vehicles or doesn’t check blind spots.
Proving that Another Driver Was Negligent for Causing Your Car Accident
If an insurance company is wrongfully blaming you for a car accident, it’s vital to gather evidence that proves the other driver was at fault due to negligence. By showing that the other driver’s actions caused the accident, you can strengthen your case and potentially challenge the insurance company’s decision.
After an accident, a police officer typically investigates the scene and writes a report. This document can be essential in proving fault. The report will include details like the location of the accident, statements from both drivers and any citations issued. If the other driver was speeding, driving under the influence, or violating other traffic laws, this information will be in the police report. If the report shows that the other driver was cited for a traffic violation, it can significantly help your case.
Additionally, independent witnesses who saw the accident happen can provide unbiased accounts that support your version of events. These testimonies may counter any false claims by the other driver or their insurance company. Witnesses can confirm key details, such as whether the other driver was speeding, running a red light, or behaving recklessly.
In some cases, there may be traffic cameras or surveillance cameras nearby that recorded the accident. Video footage is a powerful piece of evidence, as it can show exactly how the accident occurred, who was at fault, and whether the other driver violated traffic laws. Your attorney can check with local authorities or businesses near the accident site to see if footage is available.
Moreover, presenting clear, detailed photographs of the accident scene, vehicle damage, and any visible injuries can help prove your case. Photos showing skid marks, traffic signs, or road conditions at the time of the accident can also be valuable. If the other driver was not following traffic laws or was driving erratically, these visual cues may show their negligence.
Your medical records can help to establish the severity of your injuries and support your claim. They may also show that the accident resulted from the other driver’s actions – especially if the injuries align with the type of crash that occurred (e.g., whiplash from a rear-end collision).
In some complex cases, expert witnesses, such as accident reconstruction specialists, can explain how the accident happened. These experts will analyze the physical evidence and offer a professional opinion on who was responsible for the crash.
By presenting this evidence, you can challenge the insurance company’s wrongful blame and increase your chances of receiving fair compensation.
Litigating a Car Accident Case When the Insurance Company Wrongfully Disputes Liability for Your Accident
When an insurance company wrongfully blames you for a car accident, you may need to take legal action to get the compensation you deserve. The process of litigating a car accident case begins with filing a lawsuit and may end with a trial. Here’s an overview of the steps involved in challenging the insurance company’s wrongful blame.
Filing a Lawsuit
The first step is to file a lawsuit against the at-fault driver (and, indirectly, their insurance company). This is typically done in a civil court, where you will be the plaintiff and the negligent driver will be the defendant. The lawsuit should outline your claims, including the other driver’s negligence and how it caused the accident, your injuries, and any damages you’ve suffered, such as medical bills, lost income, and pain and suffering.
Discovery Process
After the lawsuit is filed, both parties enter the “discovery” phase, where each side gathers evidence to support their case. This may involve interrogatories (written questions), requests for documents (such as police reports, medical records, and accident scene photos), and depositions (sworn testimony from witnesses and experts). During this stage, your attorney will gather all the evidence showing that the other driver’s negligence caused the accident, such as witness statements, traffic camera footage, or expert reports.
Negotiation and Settlement Talks
Before the case goes to trial, both parties will typically try to resolve the dispute through negotiation. If you and the insurance company can agree on a fair settlement, the case may be resolved without going to trial.
Taking the Case to Trial
If a fair settlement from the insurance company isn’t available, your case may proceed to trial. During the trial, both parties will present their evidence, call witnesses, and make legal arguments. The judge or jury will then decide whether the other driver was at fault and how much compensation you should receive.
Throughout the process, having an experienced car accident lawyer can help to ensure that your rights are protected and may increase your chances of winning your case.
Compensation You Can Recover for Injuries in a Car Crash
When you’re injured in a car accident, you may be entitled to compensation for both physical and mental injuries. These damages are categorized into three main types: economic damages, non-economic damages, and sometimes, punitive damages. Compensation for each loss is designed to address different aspects of the harm you’ve suffered.
First, economic damages are meant to compensate for tangible financial losses directly resulting from the car accident. These damages are easier to calculate because they involve actual out-of-pocket expenses or lost income. Common economic damages include:
- Medical Expenses: This includes the cost of hospital visits, surgeries, medication, physical therapy, and any other medical treatments related to the accident. If you require future medical care due to the injuries, those costs can also be included.
- Lost income: If you are unable to work because of your injuries, you can be compensated for the earnings you’ve lost. This can also cover future lost income if your injuries prevent you from returning to your previous job or reduce your earning potential.
- Property Damage: If your car or other personal property was damaged in the accident, the costs to repair or replace them can be included in the economic damages.
Non-economic damages compensate for the emotional and psychological toll the accident has taken on your life. These damages are harder to quantify since they don’t involve specific bills or lost income, but they can be just as important as economic damages. Common non-economic damages include compensation for:
- Pain and Suffering: This refers to the physical and emotional distress resulting from the injury. It covers the pain you experience from the injury itself, as well as any long-term pain or discomfort you may face.
- Emotional Distress: This includes anxiety, depression, or other psychological effects resulting from the car accident. If you struggle with post-traumatic stress disorder (PTSD) or other mental health issues as a result of the crash, you can claim compensation for emotional distress.
- Loss of Consortium: If the accident significantly affects your relationship with a spouse or family member, such as through loss of companionship or sexual intimacy, the affected individual may be eligible to receive compensation for this loss.
Punitive damages are less common and are not awarded in every case. These damages are meant to punish the at-fault driver for particularly reckless or malicious behavior. For example, if the other driver was drunk or engaged in grossly negligent behavior, punitive damages may be awarded. They serve as a deterrent, discouraging the at-fault driver and others from engaging in similar conduct in the future.
A skilled car accident attorney will pursue fair and just recovery for your injuries and other losses.
Contact a Skilled Car Accident Lawyer in Your Area Today
If the insurance company is wrongfully blaming you for your car accident, you need an experienced Fayetteville personal injury attorney in your corner fighting for you. Your lawyer will introduce evidence to dispute the insurance company’s allegations and prove that the other driver was at fault. Your attorney can also represent you during various legal proceedings, including a trial. Contact a knowledgeable car accident lawyer in your area right away for more information.