Car accidents, especially those that occur at high speeds, can bring about debilitating injuries. Even if you do not feel injured following a car crash, it is still important that you undergo an initial medical evaluation at a hospital emergency room or urgent care facility. During this examination, a medical provider can perform diagnostic tests and diagnose your condition.
Undergoing an initial medical exam is important because not all injuries are readily apparent. In some cases, it may take days, or even weeks, for injury symptoms to fully manifest.
While you undergo your medical treatment regimen, a skilled Edmonton car accident attorney can begin gathering documents for your personal injury claim. Upon completion of your medical treatment, your lawyer can negotiate with insurance company representatives for the fair compensation you deserve.
Common Types of Car Accidents That Result from Negligence
Car accidents are often the result of driver negligence, which occurs when a driver fails to exercise reasonable care on the road.
- One of the most common types of accidents is rear-end collisions. These happen when one vehicle crashes into the back of another. They often occur because the rear driver is distracted, following too closely, or unable to stop in time due to speeding. Distracted driving, such as texting or using a smartphone, is a leading cause of rear-end collisions.
- Another frequent type of accident is the side-impact collision, also known as a T-bone collision. This occurs when one vehicle strikes the side of another, usually at an intersection. These accidents often result from a driver running a red light or stop sign, failing to yield the right-of-way, or not paying attention to traffic signals.
- Head-on collisions are less common but extremely dangerous. These happen when two vehicles travelling in opposite directions collide front-to-front. Such accidents are often due to driving under the influence of alcohol or drugs, driving while drowsy, or simply not paying attention and drifting into oncoming traffic.
- Sideswipe accidents happen when two vehicles traveling in the same direction make contact with each other. These accidents typically occur on multi-lane roads or highways and are often the result of improper lane changes, failure to check blind spots, or drivers drifting out of their lane due to distractions or fatigue.
- Another common type is the rollover accident, where a vehicle flips over onto its side or roof. Rollovers often occur when a driver takes a turn too quickly, overcorrects their steering, or loses control of the vehicle due to speeding. Vehicles with a higher center of gravity, like SUVs and trucks, are more susceptible to rollovers.
Types of Injuries in Car Accidents
Car accidents can lead to a wide range of physical and mental injuries, some of which can be life-altering.
One of the most common physical injuries in car accidents is whiplash. Whiplash occurs when the head suddenly and forcefully jerks back and forth, usually in a rear-end collision. This rapid movement can strain the neck muscles and ligaments, often leading to pain, stiffness, and limited movement. Whiplash can cause chronic pain if not treated right away.
Another frequent injury is a concussion, which is a type of traumatic brain injury (TBI). Concussions occur when the accident victim’s brain moves inside the skull due to a sudden impact, such as hitting the steering wheel, dashboard, or side window. Symptoms can include headaches, dizziness, confusion, and memory problems. All concussions should be taken seriously, as repeated injuries can have long-term effects on brain function.
Broken bones are also common in car accidents, especially in high-impact collisions. The force of the crash can cause bones to fracture or break completely. Commonly broken bones include ribs, arms, legs, and collarbones. The severity of these injuries can vary, with some requiring surgery and extensive rehabilitation.
In addition to physical injuries, car accidents can also lead to significant mental health issues. Post-traumatic stress disorder (PTSD) is a common mental injury that car accident victims may experience. PTSD can develop after a person goes through a traumatic event like a serious car accident. Symptoms include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the accident. PTSD can make it difficult for a person to return to normal activities, such as driving.
Another mental health issue that may arise is anxiety. Car accident victims may develop anxiety related to driving or being a passenger in a vehicle. This anxiety can range from nervousness to severe panic attacks.
Finally, depression is a mental health condition that can follow a car accident – particularly if the injuries are severe or life-changing. Victims may feel hopeless, have a loss of interest in daily activities, or struggle with feelings of worthlessness.
Both the physical and mental injuries from car accidents can have long-lasting effects on a person’s life. It is crucial for victims to seek appropriate medical and psychological treatment to help in their recovery. In the meantime, a skilled car accident lawyer can handle the legal components of the case and pursue the necessary compensation.
Importance of Initial Medical Treatment After a Car Accident
Even if you feel uninjured following a car accident due to another driver’s negligence, getting a medical exam is crucial. Here is why:
First, not all injuries are immediately apparent. After an accident, your body releases adrenaline, which can numb pain and make you feel fine. This can mask symptoms of injuries like whiplash, concussions, or internal injuries. Whiplash, for example, may not show symptoms like neck pain or stiffness until hours or days later. Concussions can cause symptoms such as headaches, dizziness, or memory problems, which may not be noticeable right away. A medical exam can help detect these injuries before they worsen.
Second, a timely medical examination provides a clear record of your condition right after the accident. This medical documentation is essential for any insurance claim or legal case. If you delay seeking medical care, insurance companies may argue that your injuries were not severe or may not be linked to the accident. By being examined promptly, you create a detailed medical record that supports your claim, showing that you sought help immediately following the accident.
Moreover, early medical attention can aid in faster recovery. If any injuries are detected, your healthcare provider can start treatment right away, which often leads to better outcomes. Delaying treatment can result in chronic pain or complications that were avoidable with earlier intervention.
In addition, a medical exam can help rule out any serious conditions that may not be immediately obvious. For instance, internal bleeding or brain injuries may not present symptoms right away but can become life-threatening if not treated. A thorough medical evaluation ensures that such conditions are identified and managed appropriately.
Finally, even if you feel fine, getting a medical exam can give you peace of mind. Knowing that a professional has checked, you can reduce anxiety about potentially hidden injuries and help you focus on your recovery.
In addition to seeking initial medical treatment after a car crash, it’s important that you consult with a skilled car accident lawyer for representation right away.
Successfully Proving a Car Accident Claim or Lawsuit
To prove the legal elements of a car accident claim or lawsuit, you must establish several key points to show that the other driver was at fault and that you suffered damages as a result. The following is a step-by-step guide on how to do this:
- Establishing Duty of Care – You need to show that the other driver had a duty to drive safely. This is a basic expectation that all drivers must follow the rules of the road and drive in a way that avoids causing harm to others.
- Proving Breach of Duty – Next, you must prove that the other driver breached their duty of care. This means showing that they did not follow traffic laws or drove recklessly. For example, if the other driver was speeding, running a red light, or driving distractedly, this can be considered a breach of duty.
- Demonstrating Causation – You need to connect the breach of duty to the accident. This means proving that the driver’s actions directly led to the crash. For instance, if a driver running a red light caused the accident, you must show that their failure to stop was the reason the crash happened.
- Showing Damages – Finally, you must prove that you suffered damages as a direct result of the accident. This includes physical injuries, lost income, and pain and suffering.
To build a strong case, gather and present evidence such as:
- Police Reports – The police report from the accident scene can provide an official account of the incident and indicate fault.
- Witness Statements – Testimonies from people who saw the accident can support your version of events.
- Photographic Evidence – Pictures of the accident scene, vehicle damage, and any visible injuries can help illustrate what happened.
- Medical Records – Documentation of your injuries and treatments can prove the extent of your damages and link them to the accident.
In addition to gathering evidence, you need to demonstrate that the other driver’s actions were negligent and directly caused the accident. This often involves showing that their behaviour was unreasonable compared to what a careful driver would do.
Proving these legal elements requires careful documentation and sometimes expert testimony. Working with a lawyer can ensure that all necessary evidence is collected and presented effectively to support your claim or lawsuit.
Types of Recoverable Damages in Car Accident Cases
In a car accident claim or lawsuit, there are several recoverable damages that aim to compensate you for the broader effects of the accident on your life. Here are the most common types:
- Lost Earnings – If you were unable to work due to the injuries sustained in the accident, you can recover damages for the income you lost during your recovery period. This includes income, salaries, or other compensation that you would have earned if you had not suffered an injury. To prove lost income, you typically need to provide documentation such as pay stubs, employment records, and a note from your employer detailing the time you missed from work.
- Loss of Earning Capacity – If your injuries result in a long-term or permanent reduction in your ability to earn income, you may be entitled to damages for loss of earning capacity. This type of damage accounts for the potential future income you would have earned if you had not suffered an injury. Proving this often requires expert testimony and evidence of your pre-accident earning potential, along with how the injury affects your ability to work in the future.
- Pain and Suffering – This category compensates you for the physical pain and emotional distress that the car accident caused. Pain and suffering damages address the discomfort, emotional anguish, and reduced quality of life resulting from your injuries. While there is no exact formula for calculating these damages, they are usually determined based on the severity of your injuries, the duration of your pain, and how your injuries affect your daily life.
- Loss of Consortium – If the accident has significantly affected your relationship with your spouse or family members, they may be entitled to damages for loss of consortium. This compensation covers the loss of companionship, support, and intimacy due to the injury. It acknowledges how your injury has altered family dynamics and personal relationships.
- Emotional Distress – Beyond pain and suffering, emotional distress damages address psychological repercussions like anxiety, depression, or trauma resulting from the crash. You may need to provide evidence, such as mental health evaluations or testimony from mental health professionals, to support these claims.
These damages are meant to help you recover not just financially but also in terms of your overall well-being and quality of life following a car accident.
Contact a Skilled Car Accident Lawyer Today
If you are involved in a car accident, you need to seek ongoing medical treatment and that you fully complete your treatment regimen. In the meantime, a Edmonton personal injury lawyer can handle the legal components of your case and advocate for the compensation you deserve.
