Around six million car accidents occur each year in this country. When a car wreck occurs, it can damage property and cause injuries to people.
Have you ever wondered, though, what the legal definition is of a car wreck? People tend to overuse this phrase to refer to any type of damage a car might encounter.
The truth is that a car wreck has very specific conditions. To learn more about the definition, continue reading this guide.
The Legal Definition of a Car Wreck
A car wreck is a legal term that describes a car accident, but it doesn’t represent all accidents. For an accident to be a wreck, it means that one vehicle collides with another one or with an object, animal, or person.
Many lawyers distinguish car wrecks from collisions, though. They base the difference on intent. Did the person who caused the accident intend to do it?
Intention doesn’t necessarily mean the person planned to do it. Instead, it can mean that the person did something that led to the accident occurring, while they could’ve prevented it.
For example, there is intent present if a person is driving under the influence. A person isn’t able to drive safely while under the influence, which creates an intent on the person’s part to cause an accident.
Other things can also fall into the category of intent. Another example is texting while driving.
How People Settle Car Wrecks
If you ever encounter an accident that someone else causes, you can file a claim against the at-fault driver’s insurance policy. If you can prove the other driver caused the accident, their insurance should pay the claim.
When you experience serious injuries from a collision, the person’s insurance policy might not offer enough compensation, though.
You might also experience problems with compensation if the driver doesn’t have insurance.
Many people hire lawyers to help settle car accident claims. If you decide to do this, you’ll need an attorney who knows car accident law.
The Effects of Drivers Without Insurance
As mentioned, there are situations when people without insurance cause car accidents. When this occurs, you can file a claim against your own policy.
Your policy might offer underinsured and uninsured motorist coverages. These coverage types offer protection to you for situations when underinsured or uninsured drivers cause collisions with you.
If you have property damage from a fender bender with a driver like this, you’ll need to check your policy to see if you have coverage for this incident. You most likely do if you have a basic auto insurance policy.
The Recourse You Have As a Victim of a Car Accident
Whenever you’re a car accident victim, it’s vital to know that you have recourse. In other words, you have legal rights from a car wreck.
The first legal right you have is to file a claim for the accident. If the at-fault driver has insurance, you can file the claim with their company first. If they don’t, you can file one with yours.
Secondly, you have the right to sue the person who caused the accident, and this is vital if you have serious injuries from the collision. To sue the other person, you’ll need a car accident lawyer.
Additionally, you can pursue criminal charges against the person if they committed a crime that led to the accident.
For example, was the person under the influence of drugs or alcohol when the crash happened? If so, you can find this information on the police report.
Is there evidence that proves the person was texting or doing something else that distracted them from keeping their eyes on the road?
If you believe that the person acted recklessly or did something illegal, you’ll want to pursue this topic as you work on settling your case.
A person can receive criminal charges for these things, and they can encounter consequences, including jail time.
Why You Need a Lawyer and How to Choose One
As you learn more about the definition of a car wreck, you might realize that your accident falls into this category of collision. When you realize this, you’ll also know that you need a lawyer to help you settle the case.
Why do you need a lawyer for help? Here are the top reasons:
Lawyers Know the Law
The first reason you need a lawyer is for their knowledge and experience with car accident law. If you’re not a lawyer, you probably don’t know everything you need to know about settling an accident.
A Lawyer Handles the Negotiations for You
Trying to settle an accident yourself isn’t always a simple task, as it requires negotiating with an insurance company. When you hire a law office for help, they’ll handle this part for you.
A Lawyer Helps You Receive More Compensation
The main reason to hire an attorney is to receive more compensation. They’ll know what types of compensation you can ask for and the amounts you might be able to get.
As a result, you are likely to receive more money from the claim.
Understanding why you need a lawyer is vital, but you’ll also need to know how to choose one. You can choose one by interviewing several law firms. When you do this, you can ask questions that help you decide whom to hire.
For example, you might want to ask about the lawyer’s experience. You can also ask how long it takes to settle a case, on average, as well as the average amount their clients receive for compensation packages.
Hire an Experienced Car Wreck Attorney for Help
After learning the legal definition of a car wreck, you might realize that you need legal assistance for your recent accident. If so, contact us.
We offer legal services for accidents and medical malpractice, and we operate out of Nashville, TN. If you’re in this area and need legal help, call us today or visit our website.
Posted in: Car Accidents