Traffic accidents are unforeseen and violent events that can cause damage and injuries to people and vehicles involved. According to the National Highway Traffic Safety Administration, in 2019 more than 6 million traffic accidents were recorded in the United States, which caused more than 36,000 deaths and more than 2 million injured. These figures show the severity and frequency of traffic accidents in the country and the need to prevent and address them properly.
If you are a driver and suffer or cause a traffic accident in the United States, you should know that you have a series of rights and obligations that you must fulfill to protect your interests and obtain the best legal representation. Furthermore, you should know that you can count on the support and advice of a Latino lawyer from Conexión Legal, a network of lawyers with free consultation that offers you the best benefits to obtain economic compensation and proper medical care in case of a traffic accident.
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Right 1: The right to receive economic compensation for damages and losses caused by the accident
One of the rights you have as a driver who suffers a traffic accident is the right to receive economic compensation for the damages and losses that arise from the accident. These damages and losses can be:
- Physical damages: These are the bodily injuries you suffer from the accident, such as fractures, cuts, burns, bruises, etc. These damages may require medical attention, treatment, surgery, therapy, etc.
- Emotional damages: These are the psychological disorders you suffer from the accident, such as stress, anxiety, depression, fear, etc. These damages may require psychological care, medication, therapy, etc.
- Material damages: These are the damages your vehicle or belongings suffer from the accident, such as dents, scratches, breakage, losses, etc. These damages may require repair, replacement, rental, transportation, etc.
To receive economic compensation for these damages and losses, you must prove the liability of the other party and the severity of your injuries. This involves demonstrating that the other party acted with negligence or recklessness while driving and that this caused the accident and your injuries. For this, you can use evidence such as:
- The police report of the accident
- The medical record of your injuries
- Receipts and invoices for your expenses
- Photos or videos of the accident
- Testimonies from witnesses
The amount of economic compensation will depend on the type and severity of your injuries, the degree of responsibility of each party, and the state where the accident occurred. Each state has its own laws and systems to determine economic compensation for traffic accidents. Some states have a fault-based system, where the responsible party must pay for the damages and losses caused to the other party. Other states have a no-fault system, where each party must claim from their own insurance regardless of who was at fault.
Obligation 1: The obligation to report the accident and call the police
One of the obligations you have as a driver who suffers or causes a traffic accident is the obligation to report the accident to the competent authorities and call the police. This will allow you to obtain an official report of the accident that contains important information to prove your case and claim your compensation. This report should include:
- The date, time, and location of the accident
- The information of the parties involved and witnesses
- The circumstances and causes of the accident
- The damages and injuries caused by the accident
To report the accident and call the police, you must follow these steps:
- Stop your vehicle in a safe place and turn off the engine
- Check if you or someone else is injured and request medical help if necessary
- Exchange information with the other party, such as name, address, phone, driver's license, license plate, insurance, etc.
- Do not admit fault or responsibility for the accident or argue with the other party
- Call 911 or your state's emergency number and wait for the police to arrive
- Cooperate with the police and give your version of the facts
- Obtain a copy of the police report or the reference number
If the accident was minor and there were no injuries or significant damages, you can report the accident online or by phone to the local or state police. However, it is recommended that you always call the police to have an official report of the accident.
Right 2: The right to seek immediate medical attention and follow the doctor's instructions
Another right you have as a driver who suffers a traffic accident is to seek immediate medical attention and follow the doctor's instructions. This will allow you to properly diagnose and treat your injuries and prevent them from worsening or becoming complicated. In addition, it will allow you to obtain a medical record that contains relevant information to demonstrate the severity of your injuries and claim your compensation. This record should include:
- The type and severity of your injuries
- The treatment and medications you need
- The time and cost of your recovery
- The degree of disability or sequelae that remains for you
To seek immediate medical attention and follow the doctor's instructions, you must follow these steps:
- Request medical help at the accident site or go to the nearest hospital
- Explain to the doctor how the accident occurred and what symptoms you have
- Follow the doctor's instructions and take the medications prescribed
- Attend follow-up appointments and therapies indicated
- Keep medical reports and receipts for your medical expenses
Regardless of whether your injuries are minor or severe, you should always seek immediate medical attention after an accident. Some injuries may not manifest immediately or may worsen over time. If you do not seek immediate medical attention or do not follow the doctor's instructions, you can put your health at risk or reduce the value of your claim.
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Obligation 2: The obligation to document the accident and keep receipts and invoices related to it
Another obligation you have as a driver who suffers or causes a traffic accident is the obligation to document the accident and keep receipts and invoices related to it. This will allow you to have sufficient evidence to demonstrate the severity of your injuries and the expenses you have incurred due to the accident. Some ways to document the accident are:
- Take photos or videos of the accident site, damages, and injuries
- Obtain written or recorded testimonies from witnesses
- Get copies of police and medical reports
- Request expert or professional reports
Some of the receipts and invoices you should keep are:
- Receipts and invoices for medical expenses, such as consultations, medications, surgeries, therapies, etc.
- Receipts and invoices for wage expenses, such as payroll, taxes, benefits, etc.
- Receipts and invoices for material expenses, such as repairs, rentals, transportation, etc.
These receipts and invoices will serve as proof to demonstrate the expenses you have incurred due to the accident and claim your compensation. If you do not document the accident or keep the receipts and invoices, you may not have sufficient evidence to prove your case or may receive a low or unfair offer.
That is why it is important that you document the accident with photos, videos, testimonies, etc. and that you keep the receipts and invoices for medical, wage, and material expenses.
Right 3: The right to speak with a lawyer before speaking with the insurance company or accepting an offer
Another right you have as a driver who suffers a traffic accident is the right to speak with a lawyer before speaking with the insurance company or accepting an offer. This will allow you to protect your information and rights, negotiate a fair and reasonable offer, reject a low or unfair offer, or file a lawsuit if necessary. This is because the insurance company's objective is to pay as little as possible for your case and may use tactics such as:
- Pressuring you to accept a quick and low offer
- Delaying or denying your claim for technical or arbitrary reasons
- Questioning the severity of your injuries or the liability for the accident
- Offering you a confidential settlement or non-disclosure clause
To speak with a lawyer before speaking with the insurance company or accepting an offer, you must follow these steps:
- Do not provide information or sign documents without consulting a lawyer
- Do not accept or reject any offer without consulting a lawyer
- Find a lawyer specialized in traffic accidents as soon as possible
- Explain your case to the lawyer and follow their advice
Not all lawyers have the same experience, knowledge, or reputation to handle your case. Some may be inexperienced, incompetent, or dishonest. That is why it is important that you seek a Latino lawyer from Conexión Legal, a network of lawyers with free consultation that offers you the best benefits to obtain economic compensation and proper medical care in case of a traffic accident.
Also review: Lawyers for car accidents without injuries
Obligation 3: The obligation to comply with traffic laws and road safety regulations
The last obligation you have as a driver who suffers or causes a traffic accident is the obligation to comply with traffic laws and road safety regulations. This will allow you to avoid or reduce the risk of accidents, injuries, or penalties. These laws and regulations vary depending on the state where you drive, but generally involve:
- Respecting speed limits, traffic signals, traffic lights, etc.
- Using seat belts, helmets, lights, etc.
- Not driving under the influence of alcohol, drugs, or fatigue
- Not using your cell phone or other devices while driving
- Not distracting yourself with music, food, or passengers while driving
- Maintaining a safe distance from other vehicles
- Yielding to pedestrians and emergency vehicles
If you comply with these laws and regulations, you will be able to drive safely and responsibly. If you do not comply with them, you may cause or suffer a traffic accident, which can have serious consequences for you and others. Additionally, you may face penalties such as fines, points on your license, suspension or revocation of your license, arrest, or jail.
That is why it is important that you comply with traffic laws and road safety regulations, to avoid or reduce the risk of accidents, injuries, or penalties.
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