Car accidents produce injuries that could lead to high medical expenses. Victims who were injured in an auto accident are entitled to assistance from accountable drivers. However, the circumstances of the auto accident could make the defendant an insurer or elected official. By reviewing the case, an attorney can help the victim determine who should cover their medical expenses.
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Who Caused the Auto Accident?
When reporting the auto accident, law enforcement officers will investigate the incident and determine who caused it. According to the law, the at-fault driver is accountable for all medical expenses incurred by the victims. The at-fault driver must file a claim through their auto liability coverage to provide coverage for the medical costs and auto repair expenses caused by the auto accident. Victims can contact an accident attorney to get started on a legal claim when the at-fault driver doesn’t have auto insurance coverage.
Do No-Fault Laws Apply?
No-fault laws can limit the victim’s ability to sue the responsible driver, and the laws can prevent the victims from suing unless the victim sustains serious injuries. No-fault states require auto drivers to purchase personal injury protection in addition to auto liability coverage.
After being injured in an auto accident, the victim must file a claim through their own insurance provider to get coverage for their medical expenses. Some no-fault states allow drivers to purchase limited or full tort coverage that gives them the right to sue if they are injured in an accident.
Did a Commercial Driver Cause the Accident?
If a commercial driver caused an accident, the trucking company that owns the truck is liable for the victim’s medical expenses and auto repair costs. The lawsuit is filed against the insurer and the trucking company if the victim is denied coverage for their medical expenses and other economic losses.
Did the Victim Commit Any Moving Violations?
When assessing an auto accident claim, the court reviews any allegations against the victim. Comparative fault rulings state that, if the victim committed a moving violation, the court can deduct the assigned percentage from the monetary award. If the victim is more than 50% at fault for the auto accident, the court can eliminate a monetary award altogether. If their case is dismissed, the victim is responsible for their medical expenses.
Were There Any Dangerous Road Conditions?
Dangerous road conditions are the responsibility of the city or county where the road is located. The victim can see the road authority if the auto accident was caused by dangerous road conditions that should’ve been repaired by county or city authorities.
It is necessary for the victim to get evidence of the road conditions to substantiate their claim. If they are suing an elected official or commission, they are limited by a one-year statute of limitations. Under the circumstances, the road authority is liable for the victim’s medical bills.
Car accidents can produce a variety of injuries that lead to hefty medical costs. According to personal injury laws, the accountable driver is responsible for the victim’s medical costs after an auto accident. However, the identity of the defendant is not always so easy to determine. Circumstances of the accident could identify additional defendants, such as insurers. By hiring an attorney, victims can find out who they should sue to collect payments for their medical costs.
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