Car crashes are not always avoidable. A car crash can be devastating, traumatizing, and life-changing. Knowing what to do in the aftermath of a car accident can be very tricky, which is why it is important to how car accidents are looked at legally. By knowing how car accidents are looked at from a legal perspective, you will be better equipped to make a decision and judgment in the aftermath of your own [and act accordingly]. Car crashes can change lives – which is why you should drive as safely as you can to avoid any.
This page will tell you how car crashes appear from a legal perspective. Knowing how a car accident is seen from the perspective of a person in a legal profession and knowing how they should be handled is a good way to deal with them. If you do not know anything about car accidents or the procedures surrounding them, you have come to the right place. Prevention is always better than cure, however, and the best way to avoid car accidents is to drive sensibly and maturely.
Here is how car crashes should look from a legal perspective.
The Law
The law behind a car accident is quite simple. Following a car accident, the two involved parties [or more], must stop and exchange their names and addresses, as well as the details of their registration, and if an injury has been sustained, produce insurance documentation to anybody who has the grounds to request these, like a police officer. From a legal standpoint, if the people involved do not comply with the aforementioned, then it is essential that the drivers or anybody else present must report it to a police station or to an officer and do it as soon as they can [usually within twenty-four hours].
Identifying the Vehicle
While all of the aforementioned may seem like common sense, unfortunately, things are not always that simple, and in many cases, people attempt to drive away or escape without exchanging their details so as to avoid penalties or charges on their license.
If you have been involved in an accident and a driver has attempted to get away, it is essential you take their license plate down and report the hit-and-run to your local police station [or officer]. A hit-and-run is a very serious crime, and one that can yield jail time or huge fines, so ensure you can identify the vehicle and remember the license plate should they make a break for it.
Police Involvement
If a car injury is very serious and bad injuries have been sustained, it is very important that you contact not only an ambulance but the police too. Serious car accidents can be dealt with as criminal offenses. Involving the police in a car accident, in the eyes of the law, is something you absolutely must do if the accident warrants it. If you fail to do this, you may find yourself getting in trouble.
Attorney
Following the initial accident, providing it was serious enough to involve your insurance company, or maybe you just want to claim compensation, you must contact an attorney. Road traffic accidents can be very stressful and it can be hard to handle them on your own, which is why, according to the legal specialists of Jeff Preszler, you should hire a professional attorney, for their passion and zeal will ensure you receive the compensation that you are due. An attorney will be able to help your case proceed and help you to be treated fairly and ensure that you do not become a victim of the system.
Court
From a legal standpoint, the next stage of a car accident is one wherein the person responsible for the car accident is summonsed to court [your attorney will do this for you]. They will also be given the opportunity to offer you an out-of-court settlement, which essentially means that the case will not go to trial and that you will not have to worry about long, drawn-out court cases, and instead you will receive a substantial payout to compensate you for the damages and injuries that you may have sustained.
Out of court settlements will be arranged through your attorney, who will likely take a percentage off of the top. These settlements are only offered when the offending party has no leg to stand on and will undoubtedly lose in a trial against you. Being in court can be very stressful for many people, so it is best avoided. You may also have to go to court to get an insurance payout. In both of these cases, you will be expected to arrive on the first day and return each day until the case has concluded. If you do not, you may find yourself in some trouble.
Trial and Sentencing
Should an out of court settlement not take place, then you will likely have to endure a trial. A trial is a very long, laborious process, that for many are too much. Yet, it is a necessary evil and one you must put up with to receive the compensation you deserve. The trial is a very important aspect of the legal process, as anyone in a legal profession will attest to. Your attorney will handle most of it for you, although you may be called to stand and testify against the person being accused of causing the accident.
Following the conclusion of the trial a verdict will be reached, and as it will be civil court [although it could be criminal if the person injured you maliciously], and when the verdict is reached sentencing will take place. Sentencing is when the judge presiding over the trial sentences the guilty party to pay penalties [or imprisonment if it is a criminal case] – sentencing is when you will receive your compensation and when the party involved will be required to pay it to you. With this out of the way, you are free to live your life and move on.
We hope you enjoyed this article. It should have hopefully explained to you what you are required to do after a car accident from a legal perspective. It is always important to follow the law down to the last letter, otherwise, you may find yourself in big trouble.