Traffic Collision FAQs
Welcome to the Flaxman Law Group's resource page for traffic collision frequently asked questions. If you've recently experienced a vehicle accident, you likely have concerns about the next steps, determining fault, and navigating insurance issues. Our goal is to provide clear, concise answers to help guide you through this challenging time.
- What Steps Should I Take After Being in a Traffic Collision?
- How is Fault Determined in a Traffic Collision?
- Is the Driver of a Rear-ended Vehicle Ever at Fault?
- Does Liability Always Rest With Left-turning Vehicles in Collisions?
Document the Incident. One of the most critical actions you can take following a traffic collision is to meticulously document everything. Start by taking detailed notes as soon after the accident as possible to create an accurate record. These notes should encompass what you were doing prior to the accident, who was present, the time, and weather conditions. Include descriptions of what occurred, what you heard, who said what, and any specific sensations you experienced during the moment.
Capture the aftermath by jotting down the daily impact of your injuries, such as pain, discomfort, or a lack of sleep. These notes aren't just for your recollection; they're essential when seeking fair compensation, even for less visible or seemingly minor issues.
Submit an Accident Report. Certain states mandate by law the submission of a written accident report to the local department of motor vehicles, particularly when there are injuries or significant property damage. Contact Flaxman Law Group at 954-987-0099 for guidance on timelines and requirements specific to your situation.
In submitting your report, provide only essential details without admitting fault, and list all injuries, no matter how minor they seem. Remember, insurance carriers may access this information, and any oversight or admission could impact your claim.
Establishing fault largely revolves around identifying negligence – who failed to exercise reasonable care. Traffic laws, which encompass the rules every licensed driver agrees to uphold, serve as benchmarks for assessing liability in vehicle collisions. These regulations are enshrined in state vehicle codes, applicable not just to cars, but also to motorcycles, bicycles, and pedestrians.
Breaches of these rules can be clear-cut, such as a blatant run of a stop sign leading to a collision. Other instances may require more nuanced investigation to determine if traffic laws were violated. Assessing fault isn't always straightforward, making it vital to have a skilled legal team from Flaxman Law Group on your side.
In rear-end collision scenarios, fault generally lies with the trailing driver who failed to stop. The principle is straightforward—a driver is expected to maintain a safe distance and be prepared to stop without colliding with the vehicle in front.
However, vehicle damage typically illustrates the accident's dynamics, substantiating how the collision happened. Complexities can arise, for example, in multi-car pile-ups where a third vehicle is the instigator, but the onus primarily falls on the driver who couldn't stop in time.
Turning left across oncoming traffic carries a presumption of liability if a collision occurs. Nonetheless, exceptions exist, such as when the oncoming vehicle is speeding or ignores traffic signals, or an unexpected event forces the turning vehicle to stop.
Ultimately, the law mandates that left-turning drivers yield to oncoming traffic until they can safely complete their turn. Although extenuating circumstances may play a role, the physical evidence often leaves little room for debate over how the collision transpired.
At Flaxman Law Group, we understand that each accident is unique. We are here to analyze your situation and fight for your rights. If you've been involved in a traffic collision and need guidance or representation, contact us at 954-987-0099 for a free consultation. We'll help you navigate the complexities of your case and work towards the compensation you deserve.