Category: <span>Law</span>

When is a Car Accident Considered a Crime?

Car accident advice - don't get caught out | RAC Drive

Suppose you want to engage a car accident lawyer in your case after getting hit on the road. In that instance, you will need to understand whether this lawsuit is categorized as a crime or a civil suit. Understanding this element will help ensure that you get the right legal representation in the long run. The following are some of the notable instances when a car accident is considered a crime.

Driving Under the Influence

Driving under the influence is a criminal offense in various states. It refers to when a person operates, drives, or uses a motor vehicle while intoxicated by alcohol or drugs. When a person hits you on the road in such a state, it would be best to get an attorney to protect your rights.

An excellent attorney will help establish liability and sue for damages. In addition, any DUI offender that seriously injures you is looking at felony charges. This driver could also be subject to vehicular homicide charges if the accident becomes fatal.

Various compensation elements suffice in a DUI case. For instance, you will be free to negotiate for the reimbursement of medical bills, psychological counseling, lost wages and lost earning capacity. Your attorney can also ask for damages to cover pain and suffering, loss of life enjoyment, and occupational rehabilitation.

Vehicular Manslaughter

You could also refer to it as vehicular homicide. It arises when the driver uses an automobile illegally or recklessly. Gross negligence, drunk driving, and murderous vehicular operation are the most significant causes of vehicular manslaughter.

A driver convicted of vehicular manslaughter faces prison sentences, loss of driving license, and fines. The length of the sentence and the amount of fines will vary with the state.

Yet, an excellent lawyer will ensure that you are compensated for the damages caused by this reckless driver. These damages include loss of income, burial expenses, and loss of the breadwinner. In short, the driver will have to pay restitution to your family.

Hit-and-Run Accidents

A hit-and-run accident is considered a felony. This crime focuses on the aftermath of the accident instead of its cause. Typically, the law requires the driver to stop at the scene of an accident or collision. Suppose they fail to do so. In that case, you will be free to file a lawsuit against them. An experienced lawyer will guide you through this process.

Ensure that you engage a reputable accident attorney to help protect your rights. This professional will establish liability and ensure the driver pays for the damages caused. These damages include medical expenses, auto repair costs, and property loss. In addition, you will be entitled to restitution if the driver caused the loss of life.

Reckless Driving and Fleeing from Police

Reckless driving is considered a criminal offense, unlike improper and careless driving. It arises when the driver disregards all traffic rules, endangering the lives of other road users and the public. If you become a victim of this reckless driving, you will be free …

Can I Still Bring a Claim if I was Partially at Fault for an Accident?

What If I'm Partially At fault In An Auto Accident? - Roberts Jones Law

It’s not at all unusual for both parties to an accident to be at fault. This is especially true in slip-and-falls and trip-and-falls and motor vehicle accidents when one of them is turning. If you were seriously injured in an accident that you were partially at fault for, you can still recover in an overwhelming majority of states.

Comparative Negligence

If you were partially at fault for an accident, the law of comparative negligence applies. What comes to issue is whether you were in a modified comparative negligence state or a pure negligence state.

Modified Comparative Negligence State

In either type of state, liability for the accident is weighed between the parties and apportioned. A percentage of liability is then assigned to each party. In. modified comparative negligence states, if a claimant is more than 50% at fault, he or she is not eligible for compensation for their injuries and damages.

Pure Comparative Negligence

Pure comparative negligence states are different. A claimant can pursue damages even if he or she was more than 50% at fault. For example, a driver can be determined to be 80% at fault for an accident and still be awarded 20% of the value of the damages claimed.

Auto insurers routinely allege comparative negligence by a victim, even if it didn’t occur. An experienced auto accident attorney Seattle-based can make a preliminary determination of comparative negligence for you. The opposing insurance company might contact you wanting a recorded statement so it can try to get you to admit to comparative negligence. You’ll best protect your rights and interests by refusing to give any type of a statement to the other insurance company, no matter how its representative might try to intimidate you. Protect your rights and interests by consulting with a quality car accident attorney right away.

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