The Possibility Of Suing A Driver Who Caused A Serious Accident

Auto accident attorney services are useful when someone is seriously injured by a driver with a low amount of liability insurance. Automotive insurance companies are only required to pay the maximum dollar amount of the policy. An injured person can file a lawsuit if the at-fault driver has the assets to pay a settlement or a court award. 

Insurance Considerations

Many vehicle collision cases are resolved with the insurance carrier of the at-fault driver paying for an injured person's medical expenses and wages lost during recovery. That policy may also pay for property damage. Property damage typically is to the injured person's vehicle, but it could include other objects like fences and buildings. If the driver who caused the accident had a low level of liability insurance, many expenses may not be covered.

Freezing Assets

The lawyer might petition the court to freeze the defendant's assets while the case is ongoing. That prevents this individual from hiding assets by giving them away to be returned later. Otherwise, money and property could be given to relatives and close friends for safekeeping in the meantime. However, judges often deny this type of petition. The likelihood a judge will approve the petition depends on the severity of the incident and whether criminal charges were filed.

Examples of Problem Behavior

Obtaining a settlement or a court award is significantly more likely if there is no doubt that the other driver was at fault for the crash. This is verified by police officers, who may have cited the person for some form of misbehavior. Driving while intoxicated, reckless driving, and texting while driving are three examples of behavior associated with serious collisions. 

Texting and DUI

Texting while driving is prohibited by law in nearly all states. Driving under the influence is illegal in every state. Texting behind the wheel is usually cited as a moving violation, but some jurisdictions consider it a misdemeanor criminal charge. DUI charges typically are misdemeanors but can be felony offenses, depending on the circumstances. These legal details make it easier for an auto accident lawyer to successfully obtain financial compensation for the client. 

Reckless Driving

The definition of reckless driving is somewhat more subjective. It focuses on any behavior that willfully disregards safety on the road. Individuals who run red lights can cause serious injuries if they strike a vehicle coming from the side. Attempting to pass on a two-lane highway where yellow lines prohibit this is another example. It could be viewed as reckless driving if a crash occurs. Striking a vehicle from behind while tailgating also might be considered reckless behavior.

Free consultations are provided by accident attorneys and can be scheduled by phone or online. Contact a local auto accident attorney to get started.

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About Me

Your Legal Rights: A Personal Injury Blog Sadly, many people are injured due to someone else's negligence. Maybe you were in a car accident that was the other driver's fault, and now you're dealing with relentless back pain. Or perhaps your neighbor's dog bit you, and you're considering suing them. Both of these scenarios fall under the legal umbrella of personal injury law. Since proving someone else is responsible for your injuries can be challenging, the world of personal injury law is a vast one. Your own attorney is your best source of information directly related to your own case, but we created this website to give you a good basic overview of what your personal injury case may entail — and what you can expect when you meet with your attorney. Dig in and start reading our articles; you'll soon feel more informed as to what's to come.