Under the specific facts of the accident, the issues of law may be well-established and straightforward or novel and complex.

Many accidents involve issues of criminal law.  These include the often newsworthy reports of driving while intoxicated by alcohol or under the influence of drugs, and accidents related to road rage.  In such cases, a resort to the advice of a criminal lawyer is best pursued at the earliest opportunity and, if possible, while the investigation is beginning.

Of course, the central focus of most legal analysis concerning traffic accidents is the question of who is at fault.  The primary reason to determine responsibility is to assign liability for compensating for personal injury and/or property damage.

People who incur damage or injury from an accident caused by another can either pursue compensation themselves or hire an attorney.  The advantage to handling your own claim is the cost savings associated with not paying attorney fees.

The advantage to hiring an attorney is the protection provided by the lawyer’s experience in evaluating legal issues and dealing with insurance representatives and lawyers. No matter which option you pursue, you should keep these issues in mind:

1. Your insurance company is there to help. When it is claimed that you are responsible for an accident, refer to your motor vehicle liability insurance.  State laws require liability insurance.  When proper insurance coverage is in effect and a claim covered by the insurance is made, the insurance company will provide a claims representative and, as necessary, an attorney to advise you and defend the claim.

2. Notify your insurance company promptly when you are involved in a collision.  The insurance policy requires such notification and early notification will help your insurance company best evaluate the evidence while it is fresh.

3. Be aware of time limits related to pursuing compensation.  Some of these are created by statutes and some are created by agreements, usually insurance contracts.  Even a day’s delay beyond the established time limit can prevent your claim from being successful.

4. Consider the many possibilities with regard to responsibility for the accident. The drivers involved are considered first.  Their actions leading to the accident will be compared both to established traffic laws and considerations of the reasonableness of those actions.

If the vehicle involved in the accident is not owned by the driver, the owner may also bear culpability for the collision.

While there are exceptions, employers are generally responsible for collisions caused by their employees when the employee is furthering the employer’s business and causes the accident.

Other owners of an automobile may also be responsible for the accident, even if they are not involved in the accident.  This may occur if the owner knowingly allowed a regularly careless or otherwise unfit driver to use the vehicle

5. Understand that the party at fault may not be able to compensate you.  In those cases, you can resort to the uninsured or underinsured motorist’s coverage provided by your own insurance policy.

The extent of that coverage and the time to bring a claim against your own insurance company are also described in the policy, and you need to strictly comply with any deadlines.

Unfortunately, the proliferation of motor vehicles over the last century has resulted in millions of episodes of injury and damage annually.  The laws involved in evaluating the fault for these accidents vary by the circumstance of the accident.

Whether you are the victim of an accident or are wrongfully accused of being responsible for one, it is important to properly evaluate the persons or entities potentially responsible and to timely assert your position.

Dellick can be reached at jdellick@hhmlaw.com or at (330) 744-1111.