Tag Archives: auto

Not Every Auto Accident is Caused by a Negligent Driver


Aside from the legal issue of damages, there are two very common legal issues that frequently cause delays in litigation of an auto accident case.  Those two issues are liability and causation.  That is, who is responsible for the injuries and did that guilty party’s conduct actually cause your injuries.  These issues can often be [ ] The post Not Every Auto Accident is Caused by a Negligent Driver appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
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Springfield Auto Accident Lawyer Explains Soft Tissue Injuries


If you are wondering which types of injuries are the most common following auto accidents, your Springfield auto accident lawyer will probably tell you it is whiplash. Whiplash is basically one type of soft tissue injury. According to reports from the National Transportation Safety Board, an auto accident occurs every 10 seconds in the U.S. [ ] The post Springfield Auto Accident Lawyer Explains Soft Tissue Injuries appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
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Let your Bicycle Accident Attorney Investigate


In auto accident cases, it is often necessary to retain an accident reconstruction expert in order to determine who is at fault.  After a bicycle accident, it is equally important to investigate how the accident occurred and exactly how the bicyclist was injured. Whether there was a defect in the bicycle or one of its [ ] The post Let your Bicycle Accident Attorney Investigate appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
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Auto Accident Cases in Small Claims Court


Most auto accident cases filed by accident lawyers are filed in the district or circuit courts of the state where the accident occurred.  Determining in which court you need to file your claim is based, primarily, on the amount of damages you are claiming.  Bringing an auto accident claim in small claims court is not [ ] The post Auto Accident Cases in Small Claims Court appeared first on Cottrell Law Office | Arkansas Personal Injury Attorney.
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Deciding Whether to File a Lawsuit


If you have been injured, in an auto accident, for example, you may just assume that a lawsuit is the next logical step.   However, it is not always the best option, financially.  There are so many factors involved in litigating a personal injury case, beyond simply determining who is at fault.  Deciding whether to file a lawsuit is an important step and should be discussed with your personal injury attorney. A Common Scenario Ms. Smith contacts her personal injury attorney and informs him that she has been involved in an auto accident and has suffered minor injuries. The driver of the other vehicle does not admit to liability, but instead, argues that Ms. Smith caused the accident. The accident report does not make the issue of liability any clearer.  Considering that litigating your case can cost be $5,000 and $10,000, it may not be financially feasible to sue. Suing on Principle is not always a Good Idea There are situations where, even if you are determined to make your point
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Settling an Auto Accident Case Before Trial

So, you just filed a lawsuit after being injured in an auto accident.  The first question you probably want to ask is whether or not you have to go to trial.  Unless the court throws your case out at summary judgment, the only way you can avoid trial is if your case settles.  Settling an auto accident case before trial can be tough, but not impossible. Predicting whether a case will settle Clients typically ask whether their case will settle before trial.  Predicting whether a case will settle is never easy, and not all cases can settle.  The chance of successfully settling a case depends on so many different factors. However, there is always a possibility of settlement at any point during the litigation process.  Some types of cases are more difficult to settle than others, so the legal issues involved have an impact on the possibility of settlement.  Also, the time of the settlement and how you approach negotiations can have a significant impact, as well. What does settlement
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High Speed Auto Accidents often Cause Catastrophic Injuries

There is no question that speeding is dangerous. Saving time on your daily commute is never worth someone else’s life.  Yet, so many drivers continue to exceed the speed limit.  According to the NHTSA 2013 Traffic Safety Data, there were 32,719 traffic fatalities in 2013, among them 9,613 (29%) were the result of high speed auto accidents.  When drivers speed, they place themselves, their passengers and everyone else on the road, in danger. The Dangers of High Speed Collisions It should be no surprise that auto accidents, occurring at high speeds, have the potential to cause catastrophic injuries.  The force of the impact of a high speed collision is substantially increased, so the damage that results has an increased potential to cause more serious injuries to drivers and passengers.  If a speeding car crashes into a pedestrian, motorcyclist or bicyclist, the resulting injuries are that much worse. Another factor that makes speeding more dangerous is the fact that it is more d
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What are the Leading Causes of Auto Accidents?

The U.S. Census reported that, in 2009, there were more than 10 million auto accidents reported in the U.S.  Of those, more than 33,000 resulted in death. According to a report published by the CDC in 2013, auto accidents were the fourth leading cause of death in the U.S., with 130,557 fatalities reported as a result of an auto accident.  Unfortunately, the number of fatalities has increased drastically.  With these alarming numbers, it may be a good idea to consider the leading causes of auto accidents. Negligence of Other Drivers The sad truth is, the greatest threat on the road is other drivers.  Their negligence accounts for more accidents and more deaths than anything else.  The problem is, there are so many different ways that others can drive negligently, and all of those ways are extremely dangerous.  Just a few common examples of driver negligence that leads to auto accidents include: Driving while intoxicated or under the influence of drugs Driving while drowsy or fati
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Resolving an Auto Accident Case

After an auto accident, the trauma of your personal injuries is something you would soon want to forget.  The disruption that your injuries and damages clause, make the need to reach a resolution greater, and the sooner you can get back to life as usual, the better.  How long resolving an auto accident case will take, depends on so many factors.  Though attorneys can never guarantee a successful resolution, nor can they predict how long it will take, being familiar with the factors that affect resolution, can make it easier to get through. Factors that affect resolution Accident cases typically follow the same track, with a few exceptions.  There are particular steps that are common to most accident cases.  The length of time it make take for each step can vary.  But, factors such as the nature and extent of your injuries, and the efforts needed to prove your losses, nearly always play a role in determining how quickly your auto accident case can be resolved. Nature and extent o
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What Are the Attorneys Fees for an Auto Accident Case?

Nearly all personal injury attorneys handle auto accident cases on, what is known as, a “contingency fee” basis.  This payment system allows the injured person to be represented by an attorney without the need to pay any fees up front.  As such, determining the attorneys fees for an auto accident case ahead of time, is not really possible.  As the client, you pay nothing to your attorney initially.  If the lawsuit is successfully resolved, then your attorney will be entitled to a percentage of the money you are awarded, plus expenses. Understanding the contingency fee agreement Instead of a retainer agreement, where you pay an attorney up front for the work you expect them to do, a contingency fee agreement is created when the client agrees to pay the attorney a percentage of any award received, should the client win the case.  The difference is, no fees are paid up front.  Most states have their own rules that specify what percentage is appropriate for a personal injury con
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