Understanding your rights and options after a motor vehicle accident
Whiplash is one of the most common injuries from rear-end collisions, causing neck pain, stiffness, and headaches that may not appear until days after the accident.
Herniated discs, sprains, and spinal cord damage can result from MVAs, sometimes leading to chronic pain or permanent disability requiring long-term treatment.
Even without direct impact, the violent motion of a crash can cause traumatic brain injuries ranging from mild concussions to severe cognitive impairment.
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The impact of a collision often results in broken ribs, arms, legs, or pelvic fractures, requiring surgery, rehabilitation, and extended recovery periods.
Blunt force trauma can cause internal bleeding, organ damage, or punctured lungs that may not be immediately apparent but are potentially life-threatening.
Many accident survivors experience PTSD, anxiety, depression, or driving phobias that require psychological treatment and impact daily functioning.
First, check yourself and others for injuries. Call 911 immediately if anyone is hurt. Do not move seriously injured people unless they're in immediate danger.
If possible, move vehicles to the side of the road to avoid further accidents. Turn on hazard lights and set up warning triangles or flares if available.
Take photos of the vehicles, license plates, injuries, and the surrounding area. Collect contact information from witnesses and other drivers involved.
Even if you feel fine, get examined by a medical professional. Some injuries like whiplash or concussions may not show symptoms immediately after the accident.
Your health is the priority. Get examined even if you feel fine, as some injuries manifest later.
Take photos, gather witness information, and keep records of all accident-related expenses.
Report the accident to your insurer, but be cautious with statements until you consult an attorney.
An experienced MVA attorney can evaluate your case and guide you through the legal process.
Your attorney will negotiate with insurance companies to seek fair compensation for your damages.
If a fair settlement is reached, your case concludes. If not, litigation may be necessary.
Use this tool to get a rough estimate of potential compensation. Actual amounts may vary based on specific circumstances.
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This is only an estimate. Consult with an attorney for a detailed case evaluation.
While not all accidents can be prevented, these defensive driving strategies can significantly reduce your risk:
Initial medical treatment, pain management, and documentation of injuries. Follow-up appointments scheduled.
Continued medical treatment, beginning of physical therapy if needed. Insurance claim process initiated.
Ongoing treatment and rehabilitation. Most soft tissue injuries show significant improvement during this period.
Maximum Medical Improvement (MMI) typically reached for many injuries. Settlement negotiations often begin.
Long-term recovery for more serious injuries. Some cases may require surgery or extended rehabilitation.
Ongoing treatment for severe or permanent injuries. Complex cases may proceed to litigation during this period.
You have the right to seek appropriate medical care for your injuries, and in many cases, the at-fault party's insurance should cover these expenses.
If another driver was at fault, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.
You have the right to consult with an attorney before providing statements to insurance companies or accepting settlement offers.
Insurance companies may offer quick settlements that don't fully cover your long-term needs. You have the right to reject these and negotiate for fair compensation.
If fair compensation cannot be reached through negotiation, you have the right to file a lawsuit within the statute of limitations period.
Download our free accident documentation checklist and information organizer to keep track of all important details.
Access our comprehensive guides to MVA laws and insurance requirements in all 50 states.
Find experienced MVA attorneys in your area who specialize in injury claims and negotiations.
Connect with healthcare professionals who specialize in treating accident-related injuries.
First, check for injuries and call 911 if anyone is hurt. Move to a safe location if possible. Exchange information with other drivers, but don't admit fault. Document the scene with photos, get contact information from witnesses, and report the accident to your insurance company. Seek medical attention even if you feel fine, as some injuries may not be immediately apparent.
The statute of limitations varies by state but typically ranges from 1-3 years from the date of the accident. It's crucial to act promptly as waiting too long can forfeit your right to compensation. Some insurance policies have even shorter notification requirements, so report the accident as soon as possible.
If the at-fault driver is uninsured, you may still recover damages through your own uninsured motorist coverage if you have it. Some states also have special funds to compensate victims of uninsured drivers. An attorney can help you explore all available options for recovery.
Compensation typically includes economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In rare cases involving extreme negligence, punitive damages may also be awarded. The specific calculation depends on the severity of injuries, impact on your life, and the clarity of fault determination.
Be very cautious when speaking with the other driver's insurance company. They may try to use your statements against you to minimize their payout. It's generally advisable to consult with an attorney before providing any detailed statements or accepting settlement offers from the other party's insurer.
Many states follow comparative negligence rules, meaning you can still recover damages even if you were partially at fault, though your compensation may be reduced by your percentage of fault. For example, if you were 20% at fault, you could potentially recover 80% of your damages. An attorney can advise how your state's specific laws apply to your case.