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Why do traffic accidents happen? The reasons behind car crashes vary, though most of the time, the most common traffic accidents are caused by driver errors. Knowing how to avoid making them yourself and enacting proper driving habits can help you stay safer on the road.
When you are in an accident in an at-fault state such as Washington State, the driver who caused the crash will be held responsible for injuries and damages. If a negligent driver hurts you, you’d want to take the proper steps to protect your rights and avoid being blamed for partial liability.
Jacobs and Jacobs Personal Injury Law is committed to helping injured victims navigate the legal complexities that often arise after car accidents. In this informative blog post, we explain the factors that usually contribute to traffic collisions and what you can do to stay safer while behind the wheel.
Common Traffic Accident Causes
Driver error remains one of the biggest reasons behind car crashes. Here is a look at the actions that tend to lead to car accidents:
Distracted Driving
Over the last several decades, there has been a growing trend for people to multitask. In many cases, people use the time they are behind the wheel to get other things done. Unfortunately, no matter how seemingly benign these actions may be, they take the focus off the task of driving.
Distractions are categorized as visual, manual, and cognitive, though specific actions, such as texting while driving, cause all three types of distraction at once. The National Highway Safety Administration (NHTSA) has stated that sending or reading a text message takes all of five seconds. Still, in that time, if you were traveling 55 mph, you would cover a distance equal to an entire football field without noticing.
Other distracted behaviors include changing the music on the stereo, talking to passengers, eating, applying makeup, shaving, reaching for an item in the backseat, or daydreaming. In short, all drivers should keep their eyes on the road, their hands on the steering wheel, and their minds firmly rooted in the task of driving.
Driving Under the Influence
Even worse than driving while distracted, some drivers will get behind the wheel while intoxicated. Rather than calling a rideshare or taxi, they not only violate criminal laws but also put others in harm’s way.
Alcohol and drugs can hinder logical thinking and slow reaction times. A drunk driver is more likely to cause an accident in response to changes in traffic ahead due to their lack of sound reasoning. When a driver causes a crash with injuries while they are intoxicated, they will likely face criminal charges, which will usually result in holding them accountable in a civil case.
Drowsy Driving
Similarly, driving while drowsy can also slow reaction times. Drivers who get behind the wheel without getting enough sleep are in danger of falling asleep while on the road. They may drift off and move out of their lane, crashing into other vehicles.
Speeding and Other Reckless Driving Behaviors
When drivers go beyond the posted speed limit, weave in and out of traffic, tailgate, or engage in other reckless actions, they often cause crashes. A driver may be in a hurry, but when they break speed limit rules, they have less time to react to stopping traffic ahead or hazards on the road. This can cause them to swerve and lose control, leading to a horrific wreck.
Adverse Weather Conditions
You might be surprised to learn that drivers can be blamed for an accident in foul weather. When there is rain, snow, ice, or fog, every driver must adjust their speed and driving habits for the conditions present. The posted speed limit may be 40 mph, but if there is heavy rain, drivers may need to go much slower than that to drive safely. A driver who is going the speed limit or faster than what is posted when the weather is inclement can be held liable for causing an accident.
Failure to Maintain the Vehicle
Drivers should always keep up with scheduled maintenance for their vehicles. It is important to check tire pressure and make sure that brakes, headlights, and taillights are all in proper working order. A driver who neglects to have their vehicle serviced accordingly could be held responsible for an accident if an investigation reveals that one of these system failures led to the crash.
Poor road conditions are another issue, particularly in construction zones. The state and local municipalities do have an obligation to keep the roads safe and maintained. However, when construction is present, all drivers should abide by their duty of care to slow down and be more engaged to avoid catastrophe.
Legal Advice on Washington Traffic Collisions
Beyond traffic collision factors and avoiding them, there are certain things you need to know if you get into an auto accident. Car accident attorneys recommend that you follow specific steps and document the accident effectively to ensure you are adequately compensated for your injuries and financial losses.
Take These Immediate Steps After a Traffic Collision
The steps you take after a car crash are crucial.
Call 911
In most states, you are required to call the police to report an accident if there are injuries, fatalities, or the damage exceeds $1,000. You might not yet realize that you are hurt or think that the damage is minor. Car repairs often cost much more than you may feel just by looking at them. It is better to call the police to file an accident report than to miss out on this documentation.
Even if the other driver begs you not to call 911 and offers you money, make sure you do what’s right by calling law enforcement officers to the scene. They will document the crash and call paramedics to treat injuries.
Get Immediate Medical Attention
In the absence of bloody wounds, you might assume you’re fine. Most accident victims don’t realize that adrenaline kicks in after traffic collisions, and it can easily mask their injury symptoms. It is best to have a complete medical evaluation to check for injuries that may not be obvious in the initial moments following the crash.
Traumatic brain injuries and internal bleeding are two of the most serious injuries, not to mention the most common, that many car accident victims suffer. Hours or days later, they may realize something isn’t right, and by that point, their condition could have worsened to a life-threatening status.
Document the Accident Effectively
Victims who are capable of taking photos and videos should document the scene carefully. This includes capturing images of where the vehicles came to rest, vehicle damage, the surrounding intersection or roadway, the weather and time of day, skid marks, and any other items of interest.
If other motorists stopped to render aid, get their contact information and a statement if they saw the accident unfold. It is best to get their account of what happened while it is still fresh in their mind.
Discuss Your Traffic Accident with a Lawyer
You may not think you need an attorney to represent you, and often, the insurance company will try to assure you that legal representation is not necessary. However, think twice about that advice and sit down with a trusted car accident attorney during a free initial consultation.
One of the biggest reasons insurers will try to convince you not to hire a lawyer is that they know they can get you to settle for less. Car accident lawyers know how to calculate the full extent of your damages. You may only look at the medical bills you’ve already incurred and settle for that amount. There is a much bigger picture to consider, including future medical bills associated with the continued treatment of your injuries and lost wages from being unable to work. At the same time, you heal property damage, future lost earnings, pain and suffering, mental anguish, and loss of enjoyment of life.
Once you sign the release to accept the check from the insurance company, you are barred from seeking additional compensation for your injuries. It is in your best interests to consult with a lawyer to see if the offered settlement is fair or if it should be renegotiated.
Other Tips Lawyers Want You to Know After Traffic Collisions
In today’s world ruled by social media, it is tempting to share every aspect of your life with your friends, family, and followers. One of the key tips that every attorney urges after an accident is to use discretion and avoid posting about the accident online.
Posting anything allows the other party to use any of your posts against you. The insurer can argue that you must not be seriously injured if you are posting photos of yourself enjoying life after the accident. Your lawyer can advise you as to what you should or shouldn’t specifically post in your case, though posting about the accident itself should never be shared.
Another hot tip is to make sure you know how to document your accident correctly. In civil cases, the burden of proof falls on the injured party or plaintiff. The more evidence you have, the more likely you will be to recover the compensation you deserve. Photos, videos, witness statements, police reports, medical records, and all bills and receipts should be organized in a file. Additionally, it can help to keep a journal about how you’re feeling as you recover from your injuries and how these injuries affect your daily life.
What Factors Influence Compensation After Traffic Crashes in Washington?
In addition to traffic collision factors, other factors will come into play when determining the amount of compensation you may be eligible to receive. Here is a look at these factors and how they could impact your settlement figure.
Severity of Injuries
The most significant factor in determining a settlement award for injuries caused in car accidents is the severity of the injuries experienced. It stands to reason that if you break your leg and it is expected to heal in about six to eight weeks, you would get less for your injuries than someone who had their leg amputated after the crash.
The impact your injuries have on your daily life will also be weighed heavily in calculating compensation. If you are always in pain or you can no longer participate in a hobby you loved or work in your profession due to these injuries, you will likely be awarded a more significant sum.
The Total of Your Medical Expenses
When your injuries are severe, you may need to wait until you get to your maximum medical improvement (MMI) before seeking compensation. Additional surgeries may be required, or you may need physical therapy and assistive medical devices. These costs can then be factored into your settlement.
How Quickly You Sought Medical Care
After car crashes, victims are always advised to seek medical care immediately. Delaying treatment may be viewed by the insurer as injuries that either aren’t that serious or that were caused by something else after the accident.
Lost Wages and Your Ability to Work
If your injuries caused you to miss work while you recover, it will depend on your current wages as well as how much time you need to take off. You may wind up using your benefits and can seek compensation for them. Additionally, you may not be able to return to work in your former capacity and may be forced to take a lower-paying position. These things will be considered when you are pursuing your injury claim.
Property Damage
While your health and well-being are most important, your property, which includes your vehicle and all personal items in it, should be factored into these figures. Your car may need repairs, or it may be totaled out, requiring a replacement.
Fault and Liability
In states that follow no-fault insurance models, each driver will go through their insurance policy for compensation for injuries and financial losses. Only when injuries are at the severe injury threshold may they pursue a personal injury lawsuit. Washington State is an at-fault state, which allows victims to hold the party who caused the accident responsible.
However, the state also uses a pure comparative negligence rule, which can assign some blame to a victim. Investigations will need to be conducted to determine who was at fault, and if partial fault was a factor, the compensation award will be reduced by that percentage of blame. While this state allows for up to 99% fault for your injuries, it can significantly diminish the amount of a settlement, leaving you to cover the costs out of pocket.
Insurance Policy Coverage
Whether you live in a no-fault or at-fault state, the coverage permitted by the insurance policy is another factor. Injured victims in no-fault states may be able to sue when they experience severe injuries and the coverage from their policy has been exhausted. In at-fault states, you have legal recourse to hold the at-fault driver responsible beyond their coverage limits. However, you should let a motor vehicle accident lawyer handle it due to the complications involved.
Documentation of Evidence
The injured party, known as the plaintiff, is the one responsible for proving that the other party behaved negligently. This requires showing that the four elements of negligence have been satisfied. A duty of care must be established, and with car accidents, it is relatively easy to prove since every driver owes all other drivers a duty to drive with care, safely, and reasonably.
For negligence to exist, there needs to be a breach of this duty of care. Drivers breach their duty of care when they text while driving or get behind the wheel when they are over the legal limit. Causation is the third element of negligence, which must show that the breach of the other driver caused the accident, which leads to the fourth element, damages. You must have suffered damages, including injuries and other financial losses, as a result of the other party’s actions.
Every piece of evidence you have should add strength to your case. You’ll need photos, videos, witness testimony, expert witness testimony such as through accident reconstruction, medical records, proof of lost wages, testimony from friends and family about your condition, traffic camera footage, and police reports.
In short, many things can cause the value of your claim to be significant. It is best to speak with a lawyer to determine the specifics of your case.
Preventive Measures to Reduce Your Risk for Traffic Collisions
The risks behind common traffic accident causes can be reduced significantly by taking a few precautionary measures.
Avoid Distractions
Always pay attention to driving when you are sitting in the driver’s seat. Everything else can wait, and you’ll be more likely to arrive safely.
Never Drink and Drive
If you plan on drinking, don’t plan on driving, and make sure you’ve got a rideshare app installed on your phone. Similarly, if you’re over-tired, get more sleep. Plan proper stops on long-haul drives to avoid a crash from drowsiness.
Let Your Safety Features Help You
Newer vehicles are equipped with the latest in safety features. Adaptive cruise control helps you keep a safe distance from other cars. Automatic emergency braking helps apply the brakes and lessens impacts if there is no way to avoid a crash. Lane-keeping assists alert you if you’re drifting from your lane. Use these features if you have them available, and if you have an older model, remember to buckle up every time and practice safe driving habits.
Take a Defensive Driving Class
You can’t control anyone else’s driving, but you can learn better ways to handle bad drivers on the road. A defensive driving class is a great idea, even if you’ve been driving for many years. It may also help you lower your car insurance rates.
Keep Up with Regular Vehicle Maintenance
No matter what kind of car you drive, taking care of it can prevent dangerous situations on the road. Schedule your regular maintenance to keep brakes and other vital systems in prime condition. Know how to check the air in your tires and adjust the air pressure accordingly to prevent a blowout. This will also keep your tread from uneven wear and allow for the best possible grip on the road.
Know When to Hire a Washington Car Accident Lawyer
If you have a car accident, you should know when to hire a car accident attorney in Washington. The best time to get this legal representation is immediately after you have been treated for your serious injuries.
Injured victims who must be transported to the hospital from the accident scene will want an attorney right away to help launch a proper investigation and gather evidence before it fades. The more time that elapses, the more difficult it will be to track down witnesses or recover traffic footage of the crash.
Additionally, you will want to take legal action before the statute of limitations runs out. This time limit, which is set for three years from the date of the accident in Washington State, is how long you have to file a lawsuit. It may seem like plenty of time, but keep in mind that much of it will pass quickly while you stabilize your injuries.
You may also spend part of this time trying to get answers from the insurance company. After going back and forth and quite possibly being blamed for your injuries, a year or more could quickly go by without any resolution. During this time, you’ll still be hit with significant medical bills and trying to get out of the financial hole you’ve sunk into as a result of another person’s negligent behavior.
Contact Jacobs and Jacobs Personal Injury Law today at (253) 845-0577 to schedule a free initial consultation and learn more about how to recover fair compensation for your injuries.