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Understanding the Legal Consequences of Causing a Car Accident: What You Need to Know


Author: Zuzanna


car accident

Car accidents are an inevitable part of every day. Some are minor, causing relatively little damage, so others are serious, causing injury, death or significant property damage. If you cause a car accident, you could face serious legal consequences, so it is very important to understand what can happen, how to protect yourself and when to seek help. This article was created to discuss the main legal difficulties associated with causing a car accident, such as liability, civil lawsuits, criminal charges, insurance complications and the importance of legal representation.


Liability and Fault Determination


One of the first steps after a car accident is to determine who is at fault for the incident. This is called liability. The police, who are responsible for preparing the accident scene report, indicate who they believe caused the accident. Insurance companies will also additionally conduct an investigation to determine who is responsible.

In most cases, the person who caused the accident is legally responsible for the damage, which includes damage to the vehicle and property, as well as personal injury. Sometimes multiple drivers share responsibilities. In such cases, the law may apply a principle known as comparative negligence. This means that each driver bears a share of the costs depending on the extent to which the accident was his or her fault.

Because it influences who is responsible for paying and whether someone can sue, it is critical to know who is liable.


Potential Civil Lawsuits


As the perpetrator of a car accident, you may be subject to a civil lawsuit. A civil lawsuit is a court case in which a party seeks monetary compensation for damage caused to him. The most common type is a personal injury lawsuit. The injured party can file a lawsuit for:

·       medical expenses,

·       pain and suffering he suffered due to the accident,

·       loss of income, due to the inability to take up employment or continue employment,

·       costs associated with repairing the vehicle.

Your car insurance may not cover all the costs, even if you have it. You may have to pay the remaining amount out of your own pocket if your coverage limit is too low or if, according to your insurance company's policy, the incident in question is not covered. In extreme circumstances, this can amount to tens of thousands of dollars or more.

To prevent this, it is important to have adequate liability insurance. Many experts recommend setting limits higher than the statutory minimum, as court claims, along with the cost of litigation, can significantly exceed the statutory limits.


Criminal Charges


In some cases, causing injury can result in criminal prosecution. Usually such mishaps occur when the perpetrator of the accident:

·       driving under the influence of alcohol (DUI or DWI);

·       drives recklessly (driving too fast, disregarding signs, racing);

·       leaves the scene of an accident (hit and run).

Criminal charges are serious. They can lead to financial penalties, driver's license suspension and, in the worst cases, imprisonment. If a person is killed in a collision, the driver can be charged with manslaughter.

The purpose of the legal system in such situations is to deter and punish dangerous behavior. A civil case is not the same as a criminal case. One, both or neither can result in a conviction. 


Insurance Complications and Rate Increases


After a car accident, an insurance representative is obliged to investigate the incident. It will likely have to pay for damages and injuries if you are at fault. This may result in higher insurance rates in the future.

Depending on the accident and your driving history, insurance rates can increase for three to five years. Some companies may even refuse to renew your insurance or cancel it altogether.  Getting new insurance can be difficult if you have been driving while intoxicated or without a valid license.

Additionally, not all expenses may be covered by your policy. You might be held personally liable for any discrepancies in your policy or for breaking the law. It is crucial to read and comprehend your insurance coverage before an accident occurs because of this.


The Role of Legal Representation


It is often beneficial to consult a lawyer if you are responsible for causing a car accident. A lawyer can help you avoid saying the wrong thing, explain your rights, communicate with insurance companies on your behalf, represent you in court if necessary, and try to reduce costs or penalties.

A lawyer is especially important if you are accused of committing a crime or if someone is injured by you. The legal system can be complicated in certain circumstances. Your future, finances and even your freedom can be protected if you have a lawyer on your side.

Some attorneys offer free consultations. Seeking legal advice as soon as possible after an accident is a wise move. Delaying too long can make your case more difficult.


Final Thoughts


There may be severe legal repercussions for causing an automobile accident. Lawsuits, criminal prosecutions, increased insurance premiums, and other issues could befall you. You can protect yourself by being aware of the law, maintaining enough insurance, and seeking legal counsel.

The best defense against these dangers is safe driving. Never drive when intoxicated, pay attention, and abide by the law. Act fast, be honest, and seek help if you do make a mistake and cause an accident.






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