Some auto accident cases are harder to resolve than others because factors like disputed fault, severe injuries, multiple parties, and limited evidence can complicate investigations and delay fair settlements.
Every year in the United States, about 6 million road accidents occur, according to the Federal Highway Administration.
An auto accident can leave you with severe injuries -- if you're lucky enough to survive. Auto accident cases must be resolved by law enforcement, after which you can proceed to claim compensation.
However, no two car accident cases are the same. While the accident resolution process can take a few days for some, others can drag on for several months and even end up in a trial court.
Why Is Fault Sometimes Difficult to Determine in Auto Accident Cases?
Most states follow an at-fault tort liability system where the driver at fault in a road accident is held liable for bodily injuries, property damage, and other losses. In these states, drivers are legally required to carry personal liability insurance, which provides compensation when the need arises.
Unfortunately, determining fault in an auto accident isn't always a straightforward matter. Without any evidence to directly find one party liable, drivers can give conflicting accounts of what transpired. Even where law enforcement assigns fault, it can still be disputed.
Multi-vehicle crashes also make it difficult for law enforcement to establish fault, as multiple drivers, conflicting accounts, and overlapping impacts can complicate the sequence of events. They need to reconstruct the scene, which can take time.
How Do Serious Injuries Affect the Timeline of a Car Accident Claim?
An accident that only results in vehicular damage is easier to resolve. Damage can be quickly assessed, and the claim forwarded to insurers.
Severe bodily injuries, though, can make for complex accident cases. Traumatic brain injury and spinal damage, for example, are long-term injuries that require ongoing evaluation before a fair assessment of medical costs can be reached.
How Hit and Run Accidents Complicate Claims
Sometimes, as can be the case after a hit-and-run accident, there's no one to blame.
If the other driver doesn't stop, identifying the car and bringing the driver to book can be a wild goose chase. Even when the incident is caught on camera, it can take several days for the traffic police to retrieve the footage and begin the search.
It's important for families to understand the legal options for victims of hit and run accidents.
Going to Trial
Fault has been assigned, there's no dispute, and all that remains is for the claim to be filed and settled. Seemingly clear-cut claims can still take several months. If you and the insurer can't reach a fair settlement, your attorney will file the case in court, and if successful at trial, you'll be awarded compensation.
A trial comes with scheduling and other legal procedures, all of which can take several months for the case to conclude.
Auto Accident Cases Can Be Complex
Complex liability issues, severe injuries, and lengthy insurance processes are some of the common reasons some auto accident cases can take several months, and sometimes years, to resolve. Getting expert legal advice as early as possible in the process will go a long way toward helping your case resolve faster.
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This article was prepared by an independent contributor and helps us continue to deliver quality news and information.