Written by Parnall Law Firm reviewed by Bert Parnall Car Accident Articles
Owner/CEO at Parnall Law Firm
Car accidents have dire consequences, including life-threatening injuries and fatalities. The overwhelming experience of an injury makes it challenging for the injured victim to remain calm and objective.
You should take the proper steps after the crash, including notifying the local police department. Once an officer arrives at the scene, they create a police accident report with important details of how the accident occurred.
A police report provides valuable details that can determine the at-fault party in an accident.
Consult a trusted car accident attorney in New Mexico if injured in an accident caused by someone else’s negligence.
After a car accident, you’ll need evidence to establish fault, liability, and damages. Various types of evidence are available to support your case. Some evidence is available at the accident scene, and others from third parties.
Here’s a list of evidence commonly used to prove a car accident claim:
Police have special training to establish fault in a car accident.
Here’s how police determine fault in an accident:
The police record several facts about the accident and those involved in the accident, including:
The police take images and videos of details in the immediate vicinity.
A police officer records the following information from the drivers involved:
The police also record a statement from the bystanders at the crash site.
Unless a police officer is an accident reconstruction expert, they do not establish fault. Instead, they write a narrative describing what they observed at the scene, including driver and witness statements.
Personal injury attorneys and insurers rely on a police opinion when establishing fault and liability.
In some instances, fault cannot be established by the police, drivers, or insurance companies. There are a few options available to you. Some drivers chose arbitration to establish fault without litigating the matter in court.
A neutral arbiter decides each driver’s percentage of fault. The other driver may file a lawsuit or pursue compensation from a small claims court.
Some insurers may split the costs equally between the drivers if it is too difficult to determine fault, mainly in the absence of a witness.
Ensuring an insurer correctly evaluates the accident scene will protect your right to compensation as an injured victim. If the insurer wrongfully deems you at fault, you can lose your right to compensation.
Your insurer may also pay your accident-related losses if the other motorist has insufficient coverage. If you have uninsured or underinsured motorist coverage, your insurer covers the losses if the negligent driver can’t pay as required.
If you are ever involved in a car crash, you should immediately hire a car accident attorney. They can help you initiate a personal injury claim in pursuit of compensation from the at-fault party.
Here’s how an attorney can help your case:
When initiating a car accident claim, it is vital to consider the full extent of your injuries. Physical injuries may also force you to miss work, leading to loss of income. Injuries also impact the quality of life and emotional state.
An attorney can compile the following evidence to prove the injury and its impact on your life:
Knowing court and regulatory deadlines is a compelling reason to hire a car accident attorney. If the court requires the submission of documents by a specific date, your attorney is best placed to comply.
For instance, injured victims have three years to file a personal injury lawsuit after a car accident. You risk losing your right to compensation if you file a late claim.
You stand a better chance of recovery if you understand the full extent of your losses. A car accident attorney will evaluate the facts of your case and establish the applicable damages.
You can obtain various damages depending on the facts of your case, including:
Without legal experience, you could leave money on the table by accepting a low-ball offer that barely meets your injury-related losses.
Insurers put in maximum effort to reject valid claims or make insufficient offers. An attorney is vital in evaluating the merits of offers from the at-fault party’s insurer. More importantly, they are highly skilled and experienced to negotiate a better deal for your losses.
You deserve compensation for injury-related losses if you are injured in a car accident caused by someone else’s fault. An attorney can use their skills to retrieve a police accident report, establish fault, and protect your right to compensation. Parnall Law is a team of highly experienced attorneys with a proven track record of representing injured victims.
Contact us online or at (505) 268-6500 for a free consultation.
Bertrand Russell Parnall is an Albuquerque native, salutatorian of the Class of 1988 at Albuquerque High School, and co-captain of the district football champion Bulldogs. He earned his undergraduate degree from Rice University with a double major in history and French, and his law degree from the University of New Mexico School of Law after coming home to Albuquerque.
Years of Experience: 27+ years
Justia Profile: Bert Parnall
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Bertrand Russell Parnall who has more than 20 years of legal experience as a personal injury attorney.
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