Forbes Advisor states that car accidents are an inevitable part of life. In the year 2020, the United States roadways witnessed 35,766 fatal car accidents, while 1,593,390 crashes caused injuries, and 3,621,681 resulted in property damage. The total number of collisions that happened in that year was a substantial 5,250,837.
Do you want to know how to win a car accident lawsuit? If you’ve been in an accident and suffered injuries, a court case may be one of your options.Â
Here are some things that affect the outcome of these cases:
Fault Determination
Whether you are the plaintiff or defendant, it is important to understand how fault determination will affect the outcome of your case. If the defendant was clearly at fault for the accident, it could help your case if they have insurance and/or assets.Â
However, if both parties share equal amounts of fault (for example, both were texting while driving), it may complicate matters and make it harder for either party to recover damages.
Evidence
In a car accident lawsuit, it’s important to present evidence in your favor. The strength and admissibility of this evidence, such as eyewitness accounts, police reports, and photographs, can greatly impact the outcome of your case.
For example, in a recent fatal vehicle accident in Fort Smith, Arkansas, reported in 4029 News, police investigation played a crucial part. The initial report suggested one vehicle rear-ending another. The driver of one of the vehicles was pronounced dead in the accident.
Similarly, if there were multiple witnesses at the scene who saw what happened before or after an accident occurred but not during it (or vice versa), this could weaken your chances of winning if those witnesses’ testimony doesn’t match up perfectly with yours.Â
It’s also possible that some people may forget details about what happened or make mistakes when recounting events from memory. And these mistakes could be used against you by opposing counsel during cross-examination.
Injuries and Damages
The severity and extent of injuries and damages suffered by the plaintiff can influence the amount of compensation awarded. This is because it’s easier to determine how much money someone should receive when they’ve sustained permanent injuries, as opposed to temporary ones.Â
Damages include medical bills, lost wages, pain and suffering, loss of quality of life, emotional trauma, or mental anguish caused by being involved in an accident that wasn’t your fault.
Insurance Coverage
Insurance coverage is one of the most important factors that can affect the outcome of your car accident lawsuit. If there was no insurance coverage available at all, then you may not be able to recover any money from either party involved in the accident.Â
For example, if you were hit by a driver who doesn’t have any form of car insurance and they have no assets to pay out on their behalf (such as cash), then there’s nothing you could do about it. You would just have to go through your own auto insurance company for compensation instead.Â
However, if both parties had adequate amounts of liability coverage, then all hope isn’t lost yet. You’ll still need to determine whether or not each party’s policy limits are sufficient enough so that they can cover all damages caused by this specific incident.
As per Property Casualty 360, there are states in the United States that mandate a higher level of insurance coverage due to their historical inclination towards greater risk. Mississippi, for instance, recorded the highest number of fatal car accidents in the country, averaging 23 road collisions per 100,000 people annually.Â
Credibility of Witnesses
The credibility of witnesses is a vital factor in any car accident lawsuit. The testimony of each witness should be assessed carefully, and you may have to cross-examine them if their accounts don’t match up with what you know about the accident.
Witness credibility can be affected by many factors, such as:
- Age (children are often less reliable than adults).
- Education level (less educated people tend to be more easily swayed by others’ opinions).
- Mental state at the time of the incident (someone who was drunk or under the influence at the time will likely have memory problems later on).
Legal Representation
Having a lawyer who knows the local laws and understands the court system is important. You want someone who can negotiate with the other side and get you a good result.
A local lawyer is important at trial because they have experience in your area’s courts, judges, and procedures. For example, in the case of the Fort Smith car accident mentioned earlier, hiring a Fort Smith car accident lawyer will provide a distinct advantage as they are familiar with the local court system and may have established relationships with judges and other legal professionals.Â
They can also gather important evidence and witness testimonies from the scene of the accident more efficiently. A local lawyer’s knowledge and expertise can significantly increase the chances of a successful outcome in a car accident lawsuit.
Keith Law Group, a legal firm in Arkansas, states that in terms of deaths per capita from motor vehicle accidents, Arkansas ranked sixth among the states, with Mississippi ranking first, followed by Alabama, South Carolina, New Mexico, and West Virginia. The law firm recommends calling an auto accident attorney after a car accident to navigate the challenges of a civil court and insurance claim.
Settlement Negotiations
The settlement negotiation is an important part of the car accident lawsuit process. It can be one of the most critical factors in determining whether you receive full compensation for your injuries.
The willingness of both parties to negotiate a settlement can greatly affect the outcome of the case. If one side is unwilling or unable to settle, this may indicate that they are trying to get away with paying less than they should have paid you under the law.Â
However, if both parties are willing and able to negotiate a reasonable amount, and especially if those negotiations result in an agreement between them, then this shows great promise for resolving your case amicably through negotiation rather than litigation (going through court).
Prior Injuries or Accidents
Prior injuries or accidents can be used to show that the plaintiff was not as badly injured as they claim. The defendant can argue that the plaintiff has a history of injuries and exaggerates their current injuries to get money from an insurance company.Â
This is especially true if there are multiple claims made over time, such as with car accidents and slip-and-fall cases.
Conclusion
The factors that affect the outcome of car accident lawsuits can be difficult to understand. You may find it helpful to speak with a lawyer who is experienced in personal injury cases so they can explain how these factors impact your case.
