Auto Accident Lawyers Dan Robin, Jr. - New Orleans and Chalmette, LA
An automobile accident can turn your world upside down, even more so if you are seriously injured. A personal injury claim is not something that should be taken lightly and, in most instances, you should not handle on your own. Insurance companies historically will offer a payout, which is usually extremely low, and in return ask that you sign a form releasing them of any further liability. This is generally a mistake because the insurance company is taking advantage of a situation in which you are stressed, hurt and worried and will offer you an amount that is grossly under what you deserve.
Contacting an attorney is a step in the right direction when it comes to dealing with an insurance company. Our office will consult with you and evaluate your case or claim at no cost to you. This is something that you should do as soon as possible, since it is easier to evaluate your injuries early on.
According to the National Highway Traffic Safety Administration (NHTSA), every 10 seconds someone in the United States is involved in a car accident. Automobile accidents can seriously affect your quality of life.
Motor Vehicle Accidents and the Law
Legal claims arising from motor vehicle accidents are typically governed by the law of negligence. Failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by their negligence. The injured party (known as the plaintiff) is required to prove that the defendant was negligent, that the negligence was a probable cause of the accident, and that the accident caused the plaintiff's injuries.
Negligence and Motor Vehicle Accidents
As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. An attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws and witnesses.
Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
- Disobeying traffic signs or signals
- Failing to signal while turning
- Driving above or below the posted speed limit
- Disregarding weather or traffic conditions
- Driving under the influence of drugs or alcohol
Other Common Causes of Automobile AccidentsReckless Driving: The NHTSA defines aggressive driving as a progression of unlawful driving actions such as: Speeding, Improper or excessive lane changing, failing to signal intent, improper passing and drunk driving.
Drunk Driving: Every 30 minutes, someone in this country dies in an alcohol-related crash.
Other accident factors might include manufacturer malfunctions, product liability, improper road maintenance or malfunctioning traffic signals and should be carefully considered with legal consultation.
Contact the Law Offices of Dan Robin, Jr. for more information and a free private consultation if you have been in an auto accident.