Avondale, Arizona has grown a lot over the years, transforming from old-fashioned alfalfa and cotton farmland to a metropolitan area home to many residential subdivisions and shopping centers. While the rapid growth is great for families moving or traveling to the city, it also has brought an increase of traffic that can make you and your family vulnerable to a car accident.
Even if you are a safe driver, you can’t control what others do on the road and once an accident happens, you can be left with severe personal injuries and property damage that can affect your finances and lifestyle.
If you or your loved ones have been in a car accident that resulted in the need for medical treatment or a totaled car, then a professional Avondale car accident attorney can help. Nathaniel B. Preston of Warnock MacKinlay Law has experience representing residents of Avondale, Arizona, in all types of auto accidents, including passenger car and commercial truck accidents.
Whether you were rear-ended by a distracted driver or had a serious collision with a semi-truck, Nathan has the experience and the knowledge needed to ensure you receive the compensation you deserve for your personal injuries and property damage.
Using a proactive approach to investigate your case, your lawyer can help determine liability for the car accident and can increase your chances of being compensated for the following common car accident injuries:
- Neck & back injuries
- Injuries caused by whiplash
- Broken bones
- Organ damage
- Internal bleeding
- Traumatic brain injury (TBI)
- Spinal cord injury
- Wrongful death
- 1 What should I do after a car accident?
- 2 How can a lawyer help me after my car accident?
- 3 Who should I call after a car accident in Avondale, Arizona?
- 4 Who pays when there is a car accident?
- 5 When to File a Car Accident Lawsuit
- 6 Contact Us Today for a Consultation with an Avondale Car Accident Attorney
What should I do after a car accident?
No one expects to fall victim to a car accident caused by another driver. And after the collision, you may not know where to turn to ensure you don’t have to shoulder the resulting financial burden on your own. Filing a car accident or personal injury lawsuit can be the difference between you draining your savings to pay for unexpected medical bills and you recovering damages from the driver who was at fault for the accident.
However, the success of your car accident claim largely depends on a case built on facts. Right after your car accident, you’ll need to take immediate action to ensure your attorney is equipped with everything they need to build a strong case in your favor. This includes:
Calling the Police & Emergency Medical Care
Your first priority following an accident should always be to ensure the health and safety of both you, your passenger, and the other driver. If anyone is injured, you’ll want to make sure they receive medical attention right away.
On a similar note, you’ll want to call the proper authorities, as well, so they can let you know whether it’s safe to move your vehicles. If the collision is especially bad, or has led to a pile-up, then they can help direct traffic around the accident so the other drivers on the road can continue to navigate safely.
Beyond guiding the flow of traffic, contacting the police will ensure that they start an investigation into the accident. The police will gather statements from both drivers and file a report that may include who they think was at fault. You may want to gather the contact information from the officers that are at the scene of the car accident. Once their report has been filed, it becomes public record and you can request a copy of it when it’s available to help bolster your case.
Collecting the Other Driver’s Information
Never let the other driver leave the scene of the accident before they provide you with their personal information. In situations where the accident is a hit and run, you may only be able to collect their license plate number as they leave the scene. But if you’ve fallen victim to a severe car crash and both of you are at the scene, be sure to collect the driver’s name, phone number, and insurance information.
Gathering Evidence & Witness Statements
One of the most important things you can do following an auto or truck accident is to begin gathering and preserving data for the benefit of your car accident lawsuit. Your Avondale attorney and insurance agent won’t be at the scene with you, so it’s important for you to do everything you can to set the scene for them to show that you were not at fault.
When it comes to car accident claims, a picture really is worth a thousand words. Start snapping photos of the surrounding area – including any traffic lights, stop signs, or skid marks left by you or the other driver. Take both close and far-off shots to give a clear idea of the distance between the car crash and the traffic signs. Take photos of the damage caused to your car and the other driver’s car, as well.
If there were any pedestrians nearby, or if other drivers on the road may have witnessed the accident and stopped to help, be sure to gather their statements. While your attorney will also use their resources to interview witnesses, memories fade over time, so it’s a good idea to ask them to provide you with a statement while they’re still at the scene and the incident is fresh in their minds.
The Benefits of Collecting Evidence Immediately
Once you hire an attorney to seek car accident compensation, they’ll be proactive in helping you build a proper case, doing everything from reviewing the accident report to speaking with your medical professionals to determine the full extent of your injuries. WIth the information they’re able to gather as well as any supporting documents you’re able to collect at the scene, you can strengthen your claim and increase your chances of recovering damages for your injuries.
How can a lawyer help me after my car accident?
Not every car accident requires the services of an attorney. If you were in a fender-bender that only resulted in minor property damage and no personal injuries, then you may not require the full backing and investigation services a lawyer can provide for you. However, there are various circumstances in which hiring a legal representative is the best decision you can make for your interests.
Even if you or your family member is a careful driver, accidents can be caused by another driver’s negligence. It’s not uncommon for car accidents to be caused by distracted or reckless drivers. These types of behaviors include:
- Texting or Talking on the Phone While Driving
- Excessive Speeding
- Speeding in Poor Weather Conditions
- Driving while Drunk, Intoxicated, or Under the Influence of Drugs
- Ignoring Traffic Signals or Lights
In these cases, you shouldn’t have to foot the bill for someone else’s mistake. You deserve compensation for any resulting injuries or damage to your car, but it’s not always easy. If the other driver or their insurance company refuses to accept fault for your accident, then you may have a hard time recovering the damages you’re owed.
That’s where an experienced Arizona lawyer like Nathaniel B. Preston of Warnock MacKinlay Law can help. When a car accident drastically change your life, then your legal representative can increase the chances of you receiving the justice you deserve.
With experience working on hundreds of auto accident cases for residents in Avondale and throughout Arizona, Nathaniel B. Preston knows how to negotiate with the insurance companies so you can receive compensation for your car accident.
Whether you’re dealing with back injuries that prevent you from getting back to work, or your car was totaled and now you need new transportation, a car accident lawsuit can help you hold the negligent driver that caused your accident responsible for their actions. The first step is to contact an Avondale attorney to see if you have a strong personal injury or auto accident case. Even if you didn’t gather evidence at the scene, your attorney has the resources needed to investigate the incident and uncover the truth so that you’re in a better position to receive full and fair compensation for your damages.
Depending on your case, you may be able to recover compensation for the following:
- Medical bills
- Lost work wages
- Lost wages for future earnings
- Pain and suffering
- Emotional distress caused by the accident
Who should I call after a car accident in Avondale, Arizona?
Once you’ve called the police, gathered witness statements, taken photos of the damage to your car, and gathered the other driver’s insurance information, the next step is to call a local car accident attorney. You may have heard that you should call your insurance company first – and while you should alert them of the accident as soon as possible, calling a lawyer first could prevent you from accidentally incriminating yourself if the car accident was partially your fault.
While your lawyer’s end goal is to protect you and your interests, most insurance companies want to ensure they have to pay as little as possible for your accident. Even if you believe the other driver is 100% liable for the incident, you may accidentally say something over the phone that could lead your insurance agent to disagree with that fact. A knowledgeable Avondale auto accident and personal injury lawyer will help ensure you communicate with the insurance company as clearly as possible. Beyond helping you navigate discussions with your own insurance company, your lawyer can ensure you receive a fair settlement from the other driver’s insurance provider, as well, acting as a liaison between the two of you and negotiating on your behalf.
Following your lawyer’s guidance, you should then call your car insurance agent as soon as possible to file an accident report. To make sure the other driver has also notified their insurance provider, you should also call their agent, as well. After that, both insurance companies will investigate the issue to determine who was at fault or liable for the car accident.
Call Your Medical Care Provider
After a car crash or a collision with another car or commercial truck, your main priority should be the health and safety of you and the passengers of your car. You should exercise your right to seek medical care for all passengers involved in the accident. Not only will this ensure the health of you and your loved ones, but it also provides a clear record of personal injuries and the necessary medical treatments you’ll need as a result of the incident. Having a record of your injuries will help improve your case and you can request compensation for those expenses as part of your car accident lawsuit.
Who pays when there is a car accident?
In order to receive compensation for your auto accident, you’ll either reach a settlement agreement with the other driver’s insurance company, or you’ll have to file a lawsuit in order to recover damages.
Car Accident Settlements
When it comes to car accident settlements and negotiations, you won’t be negotiating directly with the driver who was at fault for the incident. Their attorney or insurance company will attempt to settle the claim for damages. You should know that the other driver and their insurance provider will require a lot of information from you to prove that their policyholder was at fault for the incident. They’ll try to argue that the accident was completely or partially your fault, which would reduce the amount you receive for your claim.
This is why it’s important to provide significant documentation of the incident to support your claims. Your lawyer will help ensure you have as much evidence as possible to show that the other driver was at fault. This includes any photos you took at the scene, the police report, and witness statements.
The following can also be used to prove fault for your car accident claim:
As advised earlier, you should contact the police following your car crash. They’ll have written an accident report which traditionally includes a statement about who they feel is at fault for the accident and can sometimes include mention of negligent behavior of either driver. Ask your lawyer about the best way to request a copy of this statement to see if it can support your claim that the other driver was at fault.
State Traffic Laws
If the other driver ignored standard rules of the road and that resulted in your accident, then you can look to the Arizona Vehicle Code or Laws to prove your claim. An experienced Arizona auto accident lawyer will have a working knowledge of these laws and can let you know whether local speed limit, “right of way”, or road sign laws may have affected your case.
Certain kinds of accidents almost always are the fault of the other driver. These include rear-end collisions, which is traditionally considered the other driver’s fault, regardless of the reason why the first car stopped. If another driver hits you from behind, then they did not put themselves in a position to stop safely, which means they are liable for the resulting accident.
There are a few cases when the liability for a rear-end collision could be up for debate. If one or both of your tail lights or brake lights were broken prior to the incident, then you may be found partially at fault for the accident.
If you were driving straight and the other driver made a reckless left turn that resulted in a collision, it is very likely that they’ll be found at fault for the accident. Of course, there are exceptions to this rule. If the other driver can prove that it was safe for them to turn, but you were driving well over the speed limit, running a red light, or something unexpected caused them to stop or slow down, then your case may be more complex.
It’s important to discuss all of the types of evidence above as well as the rules of the road to determine how they can affect your case. Gathering evidence can take a lot of time, and when settling with an insurance company, it can make a huge difference for your claim. This is why you should contact an Avondale car accident or personal injury attorney as soon as possible following your crash or collision. They can start the process of investigating your claim and gathering evidence immediately to ensure you’re able to recover damages.
When to File a Car Accident Lawsuit
Even with all of your supporting evidence and the rules of the road on your side, it’s important to keep in mind that the insurance company does not have to reach a settlement with you. They may decide that they’re only going to give you a certain amount of money. And if it’s not enough to cover the full extent of your injuries or property damage, then you’ll have to file a lawsuit in order to receive the fair compensation you deserve.
Contact Us Today for a Consultation with an Avondale Car Accident Attorney
With unexpected medical expenses and treatment for physical injuries, recovering from a severe car accident is difficult enough without the stress of negotiating with the other driver and their insurance company. Residents of Avondale, Arizona, don’t have to fight for their fair compensation alone. Let a seasoned car accident attorney like Nathaniel B. Preston of Warnock MacKinlay Law negotiate on your behalf so you can focus on the health and wellbeing of you and your loved ones.
Nathaniel B. Preston has years of experience representing car accident victims, doing everything from communicating with their insurance companies to explain the extent of their injuries to negotiating with the other driver’s insurance company to reach a fair settlement. Let him fight for you so you can receive the full and fair compensation you deserve for any personal injuries or car damage resulting from your car accident. Our number is (602) 600-6427.