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If you or a loved one has been seriously injured, please fill out the form below
for your free consultation or call us at 208-517-7670
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Your actions after a car accident can enhance your safety and protect your right to compensation. Here’s what to do after a car accident:
Prioritize your safety and the safety of other people involved in the accident. First, move yourself and the vehicle to the side of the road if it is safe. Check for injuries and call 911 if anyone is hurt. The most crucial aspect is to prevent anyone else from getting injured and to mitigate further damage after the crash.
According to Idaho Statutes, you must notify a crash to a law enforcement authority if any of the following occurs:
When a law enforcement officer arrives at the scene, they usually generate a police accident report. A police accident report is a comprehensive and objective incident record that can support a personal injury lawsuit.
If you are involved in an accident that’s not your fault, you should compile evidence of how the incident occurred. Most crashes result in severe damage and extensive property damage. Proof of the incidents leading to the collision can provide pointers on the party responsible for your losses.
Take steps to obtain the following information after a car crash:
Obtain as much information as possible at the scene of the crash.
Motor vehicle crashes can cause injuries even at slow speeds. The full extent of the injury may not be immediately apparent after the crash. However, a comprehensive medical examination can reveal any hidden issues. A healthcare provider will initiate a treatment plan and create medical records you can rely on when commencing a personal injury claim. A delay in seeking medical treatment may put doubts on the seriousness of your injury.
Regardless of the party responsible for paying accident-related damages, you should have your car accident lawyer inform your insurance provider about the collision. Notifying your insurer has many benefits, even if the accident is minor. For instance, a minor injury may develop complications, leading to hefty medical bills above the capacity of the at-fault party. Your insurer may pay for injury-related losses if the at-fault party has insufficient coverage.
You may be entitled to compensation if injured in an accident caused by the negligence of another party. Most injured victims obtain compensation from the insurer of the at-fault party. In other instances, an insurer may table a settlement offer that barely covers your losses. An attorney will represent your interest during negotiations to maximize your chances of receiving a fair settlement offer.
There is no average value for car accident claims in Middleton. How much you receive depends on your claim’s unique facts and circumstances. Numerous factors come into play, and their knowledge can facilitate a seamless claim process. Here are the factors that determine the value of your car accident claim:
A car accident victim with severe injuries is likely to obtain a higher settlement value compared to a counterpart with minor injuries. For instance, a spinal cord injury may lead to permanent disability, chronic pain, and inability to work, losses that deserve a higher settlement value.
A higher settlement value compensates for injury-related losses such as medical expenses, lost income, emotional anguish, and pain and suffering. A healthcare professional can establish the severity by evaluating the nature of the injury and expected recovery timelines.
You can obtain a higher compensation value if the injury substantially impacts your everyday life. If an injury results in permanent impairment, you may not work according to your everyday standards. In other instances, an injury may impact the victim’s quality of life, keeping them away from their favorite hobbies. In such a case, the victim may be entitled to compensation for loss of enjoyment damages.
The time it takes to recover from an injury is directly proportional to the settlement value. The settlement value will likely be higher if the injury demands a longer recovery period. A longer recovery period translates to a higher settlement value due to missed work, ongoing medical care, and travel expenses to and from medical appointments. In some instances, the victim may never fully recover from the injury, necessitating compensation for permanent disability.
The injured victim in a car accident has the burden of proof. They must demonstrate fault on the defendant’s part to obtain compensation for their losses. The victim may be entitled to a higher settlement value if there is clear evidence that the other party acted negligently or recklessly. On the other hand, if the injured victim contributed to the accident or was partially at fault, their compensation may be reduced based on their fault contribution.
In Middleton, Idaho, the statute of limitations for filing a car accident lawsuit is two years. Therefore, you should file a lawsuit within two years of the date of the accident. You could lose your right to compensation if you file a lawsuit beyond the two-year deadline.
It is important to note that the claim must be completed after the two-year deadline. Instead, you should initiate a claim within the window. However, some specific exceptions and limitations can extend the two-year deadline required for car accident claims.
You must table evidence when pursuing compensation for accident-related losses. The availability of suitable evidence can enhance the outcome of your case and improve the chances of receiving a fair settlement value for your losses.
Here are various sources of evidence for your car accident claim:
Statements from bystanders at the crash scene are an ideal source of evidence for car accident claims. Their accounts of evidence can provide vital details of how the accident occurred and who might be liable. That said, obtain names and contact information of eyewitnesses who may help ascertain the events leading to the accident.
You should notify a law enforcement officer about a car crash, irrespective of the nature of the incident. The responding police officer will document the details of the crash and generate a police accident report.
A police accident report may include the following information:
A car accident attorney can analyze the report, highlight essential findings, and use it to support your claims.
Images of the crash scene can provide details of how the accident occurred. They capture crucial information, including skid marks, road signs, weather conditions, and vehicle damage. Take images or videos immediately after the crash to supplement other sources of evidence. Your attorney can retrieve video footage from nearby premises, which may include evidence of traffic violations.
As an injured victim, you’ll require hard evidence to demonstrate the extent of your injuries and losses. Compile various treatment-related evidence, including doctor’s notes, prescription notes, medical bills, diagnostic reports, and treatment plans. Medical records can establish the nature and severity of injuries, medical expenses, and the long-term impact.
An expert opinion has a high level of credibility. Expert witnesses hold qualifications in particular fields, making their statements highly reliable and trustworthy. You can rely on opinions from accident reconstruction specialists, medical professionals, or automotive engineers to prove the details of the crash.
An accident reconstruction expert can evaluate the scene, vehicle damage, skid marks, and other relevant factors to establish the cause of the crash. A medical expert can analyze the injury and determine the value of future medical expenses required for your recovery.
Yes. You can receive compensation even if you’re partially at fault for a car accident in Middleton. Idaho state applies the modified comparative negligence principle in determining who is responsible for injury-related losses.
It means that even if one driver is partially at fault for an accident, they can still recover damages for their losses. However, your percentage of fault will reduce your entitled share of damages. The injured victim can recover compensation as long as their extent of contribution is less than the portion of the defendant.
Here’s a scenario of the application of modified comparative negligence:
Driver A was driving 5 mph above the speed limit when Driver B crashed into their vehicle. A video surveillance footage established that Driver B was texting and driving, which led to their failure to yield to oncoming traffic. A jury determined that Driver A was 10% responsible for the accident, with Driver B 90% at fault. Driver A also sustained damages worth $200,000. Since Driver A is 10% at fault for the accident, the settlement value will be $20,000 less, resulting in damages worth $180,000.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
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Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
The statute of limitations is the prescribed timeline within which a car accident victim must initiate a lawsuit. Idaho applies a two-year timeline.
You can obtain an extension of the two-year timeline for the following reasons:
Completing a car accident claim can take weeks, months, or a few years to settle. The amount of time it takes before conclusion may vary depending on various factors, including the severity of the injury. Severe injuries require a lengthy treatment plan. A car accident attorney may advise you to complete treatment before pursuing compensation from the at-fault party.
Here are additional factors that may influence how long it takes to settle:
Even so, it takes several months up to two years to complete a car accident settlement claim.
Proving fault in a car accident involves evaluating the accident scene, reviewing the police accident reports, speaking with bystanders at the scene, and establishing any violations of existing laws and regulations.
For instance, you can establish fault in a car crash if one party has violated traffic laws. Compile the available sources of evidence to demonstrate traffic violations such as speeding, failure to yield, or running red lights.
There are various options available to you if an insurer denies your claim, including appealing, filing a complaint, or submitting additional documentation. An attorney can provide legal support during the appeal process. A car accident attorney may also litigate the case in court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
No Fees Unless We Win Your Case