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How do I protect my rights if I am in a serious car accident?

Posted by Anita F. O'Meara, Esq. | Aug 17, 2021 | 0 Comments

Extreme speeding is a big problem. Although people were driving fewer miles during the pandemic, it appears that the miles they were driving were often much faster than before. Police throughout the country are reporting an increase in the number of tickets they write for motorists driving over 100 mph. This, in combination with a rise in aggressive driving patterns, has contributed to an increase in serious car accidents.

What should I do if I am in a serious car accident?

You may have legal rights after a serious car accident if you suspect the other driver was speeding, violating another traffic law, or otherwise driving in an unsafe manner. It is important to take steps to preserve these rights. These steps include:

  • Gather information. Get a copy of the police report and the names and contact information for any witnesses. If possible, take pictures at the scene with your smartphone.
  • Save medical records. If you or a loved one was injured, keep copies of any emergency medical treatment or additional care, as well as any needed rehab.
  • Keep track of missed days at work. Missed work can mean lost wages. The other driver or their insurance company could be accountable for these lost funds.

If the accident was the other driver's fault, the legal theory of negligence could apply. This legal theory is used to build a lawsuit, which can lead to funds to help cover the expenses that result from the accident.

In many cases this results in a lawsuit against the driver's insurance company. Although the insurance company should pay for these expenses, they often fight back and attempt to get out of their obligation. You can hold them accountable and better ensure you get the funds you deserve by pursuing a lawsuit.

About the Author

Anita F. O'Meara, Esq.

PRACTICE AREAS: Estate Planning, ADministration and litigation, and Commercial litigation Biography:  Anita Fulwiler O'Meara concentrates on providing estate planning and probate services throughout Southeaster Pennsylvania, including Chester, Delaware, Lancaster, and Montgomery, counties, wit...


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