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Auto accidents are a serious problem in the United States, and recent data shows that numbers are only getting worse. According to the National Highway Traffic Safety Administration* (NHTSA), there were an estimated 42,915 people killed in auto accidents nationwide in 2021. This number represents a 10.5% increase from the 38,824 deaths seen in 2020, as well as the highest auto-accident fatality rate seen since 2005.
If you are injured in an auto accident at little to no fault of your own, you should speak to an experienced Washington DC car accident attorney as soon as possible to preserve your right to compensation from the at-fault party. Since 1911, the car accident lawyers at Marks & Harrison have helped injury victims fight for the full and fair compensation they deserve.
Explore the results we have secured on behalf of our clients here, and do not hesitate to contact us today for a free consultation with a compassionate car accident attorney near you.
How the Car Accident Attorneys at Marks & Harrison Can Help You After an Accident
After a car accident, you may face severe, life-altering injuries and require extensive medical treatment and rehabilitation. You deserve to be able to focus on your care so you can heal as quickly as possible and get back to everyday life. However, you may also have the right to recover compensation from those at fault for the motor vehicle accident.
Hiring a car accident attorney from Marks & Harrison in Washington, D.C., can help with your recovery by giving you a legal advocate who can pursue the financial recovery you need and deserve while you devote your time and energy to your health. Let us handle all the details of fighting for the compensation you need by:
- Investigating the circumstances of the crash to recover critical evidence, such as police accident reports, surveillance and traffic camera footage, accident scene photos and videos, and eyewitness accounts
- Gathering your medical records to document your injuries and calculating your ongoing and future expenses or needs, including working with medical, vocational, or financial experts as necessary
- Identifying responsible parties and evaluating your options for recovering compensation, including determining all insurance coverage that may apply to the accident
- Preparing and filing your insurance and legal claims and handling communications with insurance adjusters, defense attorneys, and other parties in your case
- Vigorously negotiating for a settlement that provides maximum compensation for your ongoing and future losses
- Pursuing litigation when necessary to fight for a fair result
What Kinds of Car Accidents Do We Handle?
The majority of auto accidents involve a straightforward collision between two standard passenger vehicles. That said, there are many other kinds of auto accidents as well. In our many decades of helping accident victims secure compensation for their injuries, we have seen them all. Contact our Washington DC car accident lawyer today.
Among other things, our car accident attorneys have the experience and skill to handle:
- Impaired driving accidents
- Distracted driving accidents
- Uber/Lyft accidents
- Work zone accidents
- Uninsured/underinsured motorist accidents
- Tractor-trailer accidents
- Hit-and-run accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
Leading Causes of Car Accidents in Washington DC
Because each auto accident is different, it is best to avoid generalized discussions of causation. Instead, auto accidents should be evaluated based on the unique circumstances of each case. In many instances, if not most, multiple factors will conspire to give rise to an accident.
Some of the most common factors we see in cases handled by our car accident injury law firm include:
- Impaired driving
- Distracted driving
- Drowsy driving
- Speeding
- Aggressive driving and road rage
- Failure to yield the right of way
- Ignoring traffic signs and signals
- Unsafe turns, lane changes, and merges
- Following too closely
- Mechanical defects
- Poor road conditions
- Inclement weather
No matter the circumstances, our experienced legal team is ready to evaluate your case. The sooner you consult with one of our car accident lawyers, the sooner they can get started investigating your accident and compiling evidence to build a strong claim on your behalf.
How Is Fault Evaluated in a Car Accident?
Establishing fault is the primary hurdle plaintiffs must overcome to secure compensation for injuries sustained in an auto accident at little to no fault of their own. There are several legal concepts that may come into play when evaluating fault for an auto accident. This section explores each in turn.
- Negligence – Most personal injury claims, including those involving car accidents, will begin by alleging negligence. This legal jargon simply refers to a failure to take precautions that a “person of ordinary prudence” would in a similar circumstance to avoid causing harm to others. Examples of negligence include things like failing to check blind spots before merging or following too closely behind another vehicle.
- Negligence per se– Normally, proving negligence requires a close and contextualized look at all the facts in each case. However, in cases where the at-fault party caused an accident by violating a law specifically designed to keep everyone safe, the violation itself may serve as automatic evidence of negligence per se. Because there are so many rules designed to keep road users safe (e.g., laws against running red lights, intoxicated driving, and using your cell phone while driving), this legal doctrine comes up frequently in car accident cases.
- Contributory negligence– This refers to situations in which an injured party seeking compensation was partly at fault for the accident. Unfortunately, DC is one of the few jurisdictions left in the United States that still prohibits injured parties from recovering any compensation when they contributed even slightly to the underlying cause of an accident. Therefore, it is important to have an experienced attorney in your corner who can push back hard when the at-fault party tries to pin the blame on you.
What Damages Can I Recover in a Car Accident Lawsuit?
Once liability is established, injured victims in car accidents may receive a wide variety of legal compensation. Depending on the case, they may be compensated for both economic and non-economic losses, including things like:
- Medical bills
- Lost wages
- Lowered earning capacity
- Physical pain and suffering
- Emotional distress
- Lowered quality of life
- Wrongful death
- Funeral and burial expenses
- Damaged personal property
What Is the Statute of Limitations for Filing a Car Accident Claim in Washington?
Injured victims normally have three years from the date of a car accident to file a lawsuit seeking compensation from the at-fault party. This deadline is strictly enforced and subject to very few exceptions. Failure to file your case on time will result in your case being dismissed and the destruction of your legal right to seek compensation in civil court.
This result will also have the collateral effect of destroying your leverage in out-of-court settlement negotiations with the at-fault party and their insurers. To avoid the devastating consequences a late filing can have on your case, speak to a car accident attorney as soon as possible after your accident. This is the best way to ensure that your case gets off to a strong start.
What Should You Do After a Car Accident?
The top priority after any accident is your well-being. Therefore, the first thing to do is evaluate your own injuries, followed by those of any passengers riding in your vehicle. Seek medical attention as needed, including by calling 911 for emergency assistance in cases involving life-threatening injuries.
Once you have taken these initial steps to protect your safety and that of your passengers, you can begin thinking proactively about preserving your right to compensation from the at-fault party.
Take the following steps to begin laying a strong foundation for your car accident case:
- Report all accidents to the police for documentation in an authoritative police report.
- Use your phone to collect photographic and video evidence of your injuries, damage to all vehicles involved, road and weather conditions, signs of intoxicated driving, and nearby surveillance equipment.
- Talk to the other driver and collect their name, contact information, vehicle registration number, driver’s license number, insurer name, and insurance policy number.
- Identify witnesses and collect their contact information.
- Save all medical treatment and billing records related to the accident to be used as evidence in your case.
- Avoid posting about your accident on social media.
- Report the accident to your own auto insurer if the governing policy requires you to do so.
- Do not provide a recorded statement, sign a medical record release, admit fault, or accept a settlement offer from the at-fault party’s insurer before securing legal representation.
- Consult with a car accident attorney so they can start building a strong claim on your behalf.
Frequently Asked Questions
Some common questions that car accident victims have about their legal rights and the process of pursuing financial recovery after a crash include:
Do I Need to See a Doctor After a Car Accident, Even If I Feel Fine?
You can best protect your legal rights by seeking medical attention as soon as possible after a car accident, even if you think you didn’t suffer any injuries in the crash. A doctor can examine you to identify any injuries, including ones that have yet to cause you pain or other severe symptoms.
Diagnosing your injuries as soon as possible after the crash can strengthen your car accident claim by closely linking the accident and your injuries. Waiting to seek medical help after an auto accident risks giving the insurance company a basis to argue that your injuries had a different cause, such as another collision or a pre-existing degenerative condition.
Delaying treatment for your car accident injuries can also make them worse and require more expensive medical care. The insurance company may claim that you failed to limit your losses from your injuries – which can affect your financial recovery in a car crash case.
What Are the Most Common Car Accident Injuries?
An auto accident can cause injuries of varying severity, depending on the nature of the collision. Some of the most common examples of car accident injuries include:
- Severe lacerations or abrasions
- Dislocated joints
- Ligament sprains or tears
- Muscle and tendon strains or tears
- Broken bones
- Herniated spinal disc injuries
- Whiplash
- Nerve damage
- Traumatic brain injuries
- Facial injuries and scarring
- Burns from post-crash vehicle fires
- Spinal cord injuries and paralysis
- Internal organ damage or internal bleeding
How Do You Determine Fault in a DC Car Accident?
Determining which parties bear responsibility for a car accident requires a thorough investigation and review of various pieces of evidence to identify the cause of the crash. Examples of evidence we might use to determine whether someone else’s negligence caused the car crash include:
- Police crash reports, citations, and arrest records
- Accident scene photos and videos
- Surveillance, traffic camera, or dashcam footage
- Eyewitness testimony
- Driver cell phone records
- Car event data recorder (“black box”) logs
- Car repair and maintenance records
- Post-crash vehicle inspections
- Accident reconstruction expert reports and testimony
How Much Compensation Can I Recover in a Car Accident Claim?
The value of your car accident case will depend on various factors. Each claim is unique with different circumstances, types of losses, and options for compensation. The amount of compensation you are owed for a DC car accident will depend on factors such as:
- The severity of your car accident injuries
- How long your recovery takes
- Whether your injuries are permanent or disabling
- The extent of your financial and subjective losses, such as medical expenses and emotional distress
- Who is liable for the crash
- The evidence available
- Whether you settle or take the claim to court
A Washington DC car accident lawyer will be able to calculate a fair amount for the losses you have suffered because of the collision and your injuries.
Do I Have to Go to Trial for My Car Accident Case in DC?
Most car accident claims end in a settlement rather than a trial. In many cases, the evidence strongly supports holding one or more drivers involved in the accident at fault for any resulting injuries and losses. When another driver clearly bears responsibility for the accident, their insurance company may agree to settle to avoid the time and expense of litigation. However, going to court and trial in a car accident case may become necessary under various circumstances, such as when:
- You’ve suffered severe injuries or disabilities.
- Your case involves complex facts and evidence.
- Your case involves multiple liable parties.
- One or more parties dispute their liability for your injuries and losses.
- The other driver does not have liability insurance.
Do I Need a Lawyer After a Car Accident?
Although you might consider handling your car accident claim alone, you can maximize your financial recovery by working with a personal injury lawyer with extensive experience in car accident claims. A car accident attorney in Washington, DC can help you by reviewing the facts of your case to determine your legal options, identifying your injuries, calculating your present and future losses, and dealing with the insurance companies on your behalf to pursue a settlement that provides you with total compensation for your injuries.
Contact a Washington DC Car Accident Lawyer Today
At Marks & Harrison, we maintain our century-long commitment to excellence by providing the best legal representation possible to each and every one of our clients. With 26 car accident lawyers, over 100 support staffers, and decades of experience fighting for the rights of injury victims, we are ready to help you along the path toward maximum compensation. Contact us today to get started with a free consultation with a Washington DC car accident lawyer.
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