While the law doesn’t require you to have a lawyer for a car accident settlement, hiring legal counsel can be one of the best things you can do.
Some car crash cases are straightforward, but others can be incredibly complicated, especially when fault is disputed, you have serious injuries, or other factors are involved, such as a speeding ticket. Plus, insurance companies are notorious for offering settlements lower than car accident victims actually deserve. With a car accident settlement lawyer on your side, you have the best chance of obtaining fair compensation.
Does a Speeding Ticket Prove Fault in a Car Accident?
In a car accident case, the civil legal system proves fault, not the officer who issued the ticket. If you were speeding, you might be partially at fault rather than primarily at fault, but that’s still serious in the eyes of insurance adjusters and juries.
Speed greatly influences the severity of injuries sustained in a car accident. According to studies, the risk of serious injury reaches 1% at 17 mph for head-on impacts, 32 mph for side impacts, 40mph for front impacts, and 42 mph for rear impacts.
Additionally, due to the comparative negligence rule used in states such as Kansas and Pennsylvania, a speeding ticket can impact your car accident settlement payout. Under this rule, you can pursue a settlement if you’re less than 50% responsible for the accident, although the amount of compensation you receive will be reduced by your percentage of fault.
For example, if it’s determined that speeding made you 20% responsible for the accident, and you’re awarded a $10,000 settlement, you’ll only get $8,000. If speeding makes you more than 50% responsible, you may not be able to pursue a settlement at all.
This is one of the reasons why you need a lawyer for a car accident settlement. An experienced lawyer knows how insurance companies, judges, and juries view speeding tickets and understands the implications of the comparative negligence rule. Reliable legal representation will investigate your accident to determine fault and minimize any blame apportioned to you.
How to Tell Who is at Fault in a Car Accident
The most important evidence your car accident settlement lawyer will look for in order to tell who is at fault includes physical evidence at the scene, camera evidence, police reports, eyewitness testimony, and vehicle event data recorders:
- Physical Evidence at the Scene: Your lawyer will check available records of physical evidence and work with accident reconstructionists to calculate speed, force, and other factors. This evidence usually includes debris patterns indicating the force of impact, photographs and other records of vehicle damage, and the length and pattern of skid marks. If there’s evidence of other factors involved at the scene, such as broken traffic signals, your lawyer will also take those into account.
- Camera Evidence: Camera evidence may be from your dashcam (if you have one), dashcams in other vehicles involved in the accident, or those that were at the scene when it happened, traffic cameras at nearby intersections, security cameras from nearby homes or businesses, or red-light cameras that may capture speed data.
- Eyewitness Testimony: If you were able to obtain eyewitnesses’ contact information, your lawyer will get in touch with them to find out what they saw. If you don’t have witnesses’ details, your lawyer will try to trace and reach out to them for information that could support your case.
- Police Reports: Your attorney will obtain any police reports documenting the scene of the accident. These reports usually include diagrams of the scene, observations of physical evidence, notes about the weather and road conditions, statements from witnesses (which often mention speed), and whether any speeding tickets were issued.
- Vehicle Event Data Recorder Information: If possible, your lawyer will obtain data recorded by your and/or the other driver’s vehicle event data recorder. Also known as black boxes, these devices record engine RPM, vehicle speed, steering input, brake application timing, and seatbelt usage.
What is the Average Settlement for a Car Accident Back and Neck Injury?
Settlement amounts for back and neck injuries can vary significantly. For whiplash or other minor injuries, settlements may total $10,000 or less, while more severe injuries may be awarded between $10,000 and $100,000. If you suffered catastrophic back and neck injuries, your car accident settlement may be worth millions of dollars.
When determining the value of your car accident claim, your lawyer takes several different factors into account. Insurance companies and judges consider the same factors. These usually include:
Injury Severity
The severity of your injuries is one of the most influential factors, as they can range from sprains and strains to more serious injuries, such as fractures, herniated discs, or life-altering spinal cord injuries.
Because severe or catastrophic injuries have significant financial consequences and a greater impact on quality of life, they often result in larger settlements. To accurately determine the severity of your injuries, you’ll be asked to undergo diagnostic tests and medical assessments. Your lawyer will also consult with medical experts.
Medical Treatment and Expenses
Often amounting to thousands or hundreds of thousands of dollars, the cost of medical treatment and ongoing care is an important factor when determining car accident settlement amounts. You’re likely to receive a bigger payout if your injuries require surgery, physical therapy, rehabilitation, medication, and ongoing doctor’s visits.
Conversely, typical car accident settlement amounts with injuries that are minor tend to be lower. Whether your injuries are serious or minor, it’s vital that you keep an accurate record of all your medical expenses and of all associated invoices and receipts, as this will help your lawyer during negotiations.
Lost Wages and Loss of Earning Capacity
Car crash victims often are left temporarily or permanently disabled. This may result in lost wages during your recovery period and, depending on the long-term effects, may prevent you from returning to the same job or earning the same wages you did before the accident. You’re likely to receive a higher settlement if you can prove that you experienced a substantial loss of income and that your earning capacity has been diminished.
Liability
Fault is a major consideration, given the comparative negligence rule that may reduce your settlement or prevent you from pursuing damages altogether if you are partially responsible for your car accident.
Settlement amounts vary widely. An attorney can help you understand what your specific case may be worth before you accept any offer.
How Long Does a Car Accident Settlement Take?
The average settlement for a non-injury car accident is between a few weeks and 9 months, as these cases usually involve little more than property damage. However, if your case is complex due to severe injuries, multiple vehicles involved, disputed liability, the need for accident reconstruction and expert testimony, or lawsuits, it may take a few years to settle. This is where having an experienced lawyer on your side is invaluable.
Should You Get a Lawyer for a Car Accident That Wasn’t Your Fault?
You should seriously consider hiring a car accident settlement lawyer even if the crash wasn’t your fault. There’s a good chance the other driver or their insurance company may try to pin the blame on you. They’ll take what you say out of context or twist the facts to make it seem like you were partly, if not fully, responsible for the accident.
An experienced attorney will be familiar with these tactics and will help preserve evidence, investigate the crash to prove liability, and protect your rights. They will also ensure your case is filed before the state’s statute of limitations is reached, negotiate with insurance companies or, if required, take your case to court.
Don’t leave obtaining a fair settlement to chance after a car crash in Pennsylvania or any other state. Contact a Scranton car accident lawyer who will advocate for you and fight for justice.
Frequently Asked Questions About Car Accident Settlements
Do I Need a Lawyer for a Car Accident Settlement?
While you are not legally required to hire a lawyer, having one can significantly improve your chances of receiving fair compensation. An attorney can investigate the accident, gather evidence, negotiate with insurance companies, and protect your rights throughout the claims process.
Can a Speeding Ticket Prevent Me from Recovering Compensation After a Car Accident?
No, a speeding ticket can’t prevent you from recovering compensation after a car accident. However, it may be used as evidence that you were partially at fault, but it does not automatically make you responsible for the crash. In states that follow comparative negligence rules, you may still recover compensation if your share of fault is less than 50% (or the applicable legal threshold).
How is Fault Determined in a Car Accident Case?
Fault is determined in a car accident case through evidence such as police reports, eyewitness statements, vehicle damage, accident scene photographs, traffic camera footage, and vehicle data recorder information. Lawyers often work with accident reconstruction experts to analyze this evidence and determine how the crash occurred.
What is the Average Settlement for Back and Neck Injuries After a Car Accident?
There is no fixed average settlement for back and neck injuries after a car accident, as every case is different. Settlement amounts depend on factors such as the severity of the injury, medical expenses, lost income, future treatment needs, and the percentage of fault assigned to each party involved in the accident.
How Long Does It Take to Settle a Car Accident Claim?
The time it takes to settle a car accident claim depends on a range of factors. Simple claims involving only property damage can be resolved within a few weeks or months, but more complex cases can take a year or longer to reach a settlement.
