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This content is for informational purposes only and is not intended to provide legal advice.
Let’s face it. Some drivers are not cautious, and their poor driving skills cause needless pain and suffering to other traffic participants. If a driver runs a stop sign and hits your car, you’re more likely to suffer damage as your car was likely stationery.
Unfortunately, it can be hard to prove fault in this type of accident. Taking the right steps at the scene is key to making sure you win in a court case. There are a few things you should do if you’re unfortunate enough to be the victim of an impatient driver who runs a stop sign and hits you.
At the Scene
If you are not hurt, the first thing you should do is pull the car over and get it out of the traffic lane. Check to see if the other driver is hurt too and encourage them to also pull over if they are not hurt. If there are injuries, even if they seem minor, contact emergency services.
In addition, call the police and report the accident, even if the other driver asks you not to. Getting the police to the scene will allow you to have a neutral account of what happened and who was likely at fault.
Take photos and video of the scene. Photograph both cars, any injuries, road conditions, the weather, the stop sign, and damage to any nearby trees or buildings. It could also prove helpful to take a video of the scene.
You can record the other driver acting drunk, admitting fault, or appearing tired. There have been incidences in which drivers have filmed the other driver holding a bottle of beer or getting out of the car with open beer containers visible in the vehicle.
Talk to any witnesses that are on the scene. If you can take video footage, it can be valuable in your case. Witnesses may disappear or refuse to talk later, but if you have them giving their testimony immediately after the accident, their statements will add more weight to your case. Get their full contact information if you might need to talk to them again later.
See a doctor. You may feel fine after the accident, but it pays to get checked out at the scene and at your regular doctor after the incident. Some injuries are not immediately evident. Soft tissue injuries may take a while to appear, so it pays to establish a record of care with your doctor. Whiplash is one of the most common injuries that may not even appear for weeks after the accident.
Also, don’t talk to the other driver’s insurance carrier. Their insurer may call you and offer you a settlement. Don’t talk to them without consulting an attorney first. Accepting a settlement offer may mean that you cannot sue them for more later. If you discover new injuries after you accept the settlement, you won’t be able to file a new claim either.
Building a Personal Injury Case
In a personal injury case, proving the other driver’s negligence is essential. If the other driver simply rolled through the sign but didn’t stop, they can be charged with running a stop sign and held liable for any injuries or property damage you face.
Speeding or tailgating other cars is also considered negligent behavior. But not all negligent behaviors are grounds for civil action. If there is a cause-and-effect relationship between the negligent behavior and your injuries and loss, you will be entitled for compensation.
However, if you were negligent as well at the time of the accident, the amount of compensation will largely depend on your home state’s shared fault rules. Some states are so strict that if you share even a 1% fault, you will not be entitled to any compensation. (You can read more about negligence in a personal injury case here.)
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This content is brought to you by Charles Britton.
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