When a car accident occurs, the injured party has the right to sue the responsible driver for damages. A unique way that car accident claims are handled in Burlington is that Vermont is not a no-fault state, so there is no injury “threshold” that needs to be met. Anybody who can establish that they were injured in an automobile crash due to the fault of another person has the right to make a claim. There is no requirement that there be a serious injury. The value of an injury is the effect on the human being, so it is important to have a skilled car accident lawyer like Drew Palcsik who knows how to tell your story.
If you have been injured in a car accident in Burlington, it is important to contact Drew to help ensure you get a full measure of justice, to get everything you deserve from negligent driver and to make sure that you get the full value of your claim. Speak to Drew to learn about the unique aspects of Burlington car accident cases and your legal options.
Common Causes of Car Accidents in Burlington
There are many reasons why a car accident could occur. Auto collisions in Burlington often occur when a driver pulls out from a side road and makes a turn without properly judging the speed and distance of oncoming cars and causing a T-bone type of collision. If a motorist causes a collision, they should be held liable for damages.
Driving Too Fast for Conditions
Other causes include driving too fast for road conditions. Speed is a factor that can move liability or fault one way or another. People need to drive more cautiously on wet, snowy, or icy roads. They should make sure that they have appropriate snow tires and wipers that work and headlights that function properly.
Often, people do not do those things, and they wind up either driving too fast or driving too close to the vehicles in front of them and not giving themselves enough time to slow down or stop to avoid a collision.
Distracted driving is a common cause of motor vehicle accidents in Burlington. If somebody is distracted by something in their car, their attention is diverted from the primary task of operating a vehicle. Examples of distracted driving include texting or talking on the phone while operating a vehicle, tuning the radio or music, and eating. If a person is not fully paying attention to driving and causes a collision, that would be an important factor in determining liability.
Understanding Pre-Existing Conditions
Some things everyone should know about car accident cases in Burlington is that the law says that an individual does not have to be a perfect person in order to have a real claim for harm.
Often, people who are older or may have had an injury already will try to handle their own case. Insurance companies and their defense lawyers will tell them that they cannot recover because they have had what is called a pre-existing condition. This is not true. The law states that if somebody has a pre-existing condition and they make it worse, they are responsible for that. It does not mean that they cannot recover. In many cases, those are people who are more susceptible to injury.
Comparative Negligence Jurisdiction
Burlington is a modified comparative negligence jurisdiction, meaning that the injured person can be up to 50 percent at fault and still recover compensation. If the jury finds the plaintiff to be more than 50 percent at fault, then they cannot recover compensation for damages.
Comparative negligence comes into play in Burlington car accident cases because there will be times where an insurance company or defense law firm will look to find ways to blame the person who was hurt for their own injury. If they think that they can be successful in convincing a jury that the injured person is more at fault, then they would not recover anything. It is important to have an experienced car accident attorney help because they will make sure that the plaintiff is not barred from recovery by this modified comparative rule.
The Importance of a Car Accident Attorney
The most important thing someone should do is get medical care at the scene of an injury and follow-up medical care. Often, insurance companies look to see whether you took an ambulance or if you saw a doctor within a couple of days. If you do not seek medical attention, the insurance company can try to shift liability.
After seeking medical attention, it is important to contact an attorney as soon as possible following an auto collision. Drew Palcsik will advise you about handling medical bills, handling medical visits, paperwork, and what to say or what not to say to insurance adjusters.
Lawyers know exactly what to do immediately after a collision. They can track down witnesses, gather all the evidence, get all the necessary paperwork, and advise people to do the things that are important to make sure that they do not compromise their case or claim.
Reach out to Drew Palcsik to learn about the unique aspects of Burlington car accident cases. Call today to start protecting your interests sooner rather than later.