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Auto Accidents: Do You Know Your Legal Responsibilities? Automobile accidents can happen anywhere, anytime. Whether it’s a fender bender or a multi-car pile-up, drivers have certain legal responsibilities when accidents occur. Knowing what to do can assist the police and other officials and protect you in case any legal action occurs. In an accident involving another driver, contact the police and emergency medical staff immediately if injuries occur. If possible, move the vehicles off the road so as not to obstruct traffic or cause additional accidents. Exchange name, address, and license and car tag numbers with the other driver. Have proof of vehicle registration and insurance to show the other driver and police. If there are witnesses to the accident, including passengers in either car, be sure to get their names and addresses. If police respond to the scene, get their names and badge numbers. If a camera or video camera is handy, take pictures of the damaged cars, skid marks or other evidence. In the case of minor accidents, the law does not require the drivers to summon the police to the scene. However, most accidents require the filing of a written report, either by the police or the drivers. The time frame for filing an accident report varies from state to state. In Mississippi, a written accident report must be filed with the police within 10 days if someone is hurt or the property damage exceeds $250. Failure to file a report is a misdemeanor and could lead to a suspended driver’s license. Providing false information in the report is illegal. Do not express any opinions concerning fault. Others could use these statements as evidence against you in a lawsuit. Even if you feel you were at least partially at fault, you may be unaware of factors with the other driver or roadway that may have contributed to the accident. Allow the authorities to determine fault. If you wish to file a lawsuit against the other driver, you will have to hire an attorney. If the other driver sues you, your insurance company will provide the lawyer. If you sue, be sure to keep a record of expenses related to the accident, including medical costs, automobile repairs, and loss of income. No matter how minor, an automobile accident can be an upsetting event. Carrying the appropriate information in your car and knowing your rights and obligations in an accident can minimize the anxiety and inconvenience of an accident and possibly prevent legal action. The Responsibilities of Vehicle Drivers Receiving a license to drive an automobile or other motorized vehicle comes with important responsibilities for the driver. Motorists have an obligation to their passengers, pedestrians, and other vehicles to drive in a responsible manner. The law requires that a driver use reasonable care when driving a vehicle. Negligence is the failure to drive with such care and is often the basis for liability in an accident. The reasonable care standard also applies to encounters with pedestrians. While the law usually assigns pedestrians the right of way when crossing streets or similar situations, motorists are not expected to anticipate pedestrian movements. However, drivers should look out for individuals and honk the horn to alert an unsuspecting pedestrian. Drivers are also responsible for taking the proper care concerning the safety of their passengers. However, the driver is not liable if a passenger is injured through no fault of the driver. When a vehicle owner is a passenger in his or her own car, the law views the owner as still in control. If the motorist drives irresponsibly, the owner is expected to intervene. When a vehicle owner allows another person to drive the car, some legal responsibility may still exist for the owner. Liability in an accident can consist of personal injuries--including death--and vehicle or property damage. If an owner allows a driver who is incompetent--because of inexperience or intoxication--to operate the vehicle, the owner could be held liable in any accident that occurs. If an owner allows someone to drive his vehicle, which he knows to be defective, the owner may have liability in an accident. If you hit a parked car, you are responsible for notifying the owner. Leaving a written note with your name, vehicle description, and car tag number will suffice. In the case of any accident in which injuries or damage occurs, you should notify the police and, as soon as possible, your insurance company. Having a driver’s license and operating a vehicle are privileges that come with legal responsibilities for the safety and care of you, your passengers, other motorists, and pedestrians. Knowing these obligations and practicing reasonable care in driving helps ensure safety on the roadways and decreases the chance of accidents. Insurance Coverage for Auto Accidents An automobile accident can be a traumatic event. Among the many issues an accident raises is paying for the resulting medical costs and property damage. The driver at fault may be liable for the other driver’s costs as well as his own. Because of the expensive potential of such liability, automobile insurance is the practical financial safeguard that vehicle owners should have in the event of an accident. Insurance regulations vary from state to state. Some states, including Mississippi, require a driver have "proof of financial responsibility," or evidence of the ability to pay any damages he or she causes in an accident. While most people purchase insurance to meet this obligation, one can post $15,000 in cash or securities with the state instead. States also set minimum levels of liability insurance coverage. Mississippi’s minimum levels are personal injury costs of $10,000 per person and $20,000 per accident and property damage of $5,000 per accident. Liability insurance does not cover your medical costs or damage to your vehicle. Collision insurance covers losses you incur in an accident. Comprehensive coverage pays for auto damage caused by theft, fire, or vandalism. If you borrow money to purchase your automobile, the lender may require the purchase of collision and/or comprehensive insurance. Rates and terms for insurance policies vary from company to company, so it pays to shop around. Insurance companies set their rates based on certain criteria, including age, sex, marital status, driving record, geographic location, the car’s model year, and its primary use. For example, insurance rates for male drivers under the age of 21 are much higher than those for an adult because research has shown that these young drivers are more likely to have accidents. One way to lower the premium is by agreeing to pay a higher deductible, or the amount per accident you agree to pay yourself. Some drivers gamble by not purchasing insurance, risking seizure of their assets or wages to pay for damages. A motorist involved in an accident caused by an uninsured driver can have the additional aggravation of no insurance settlement to cover damage to the auto. For this reason, motorists can also purchase uninsured/underinsured motorists protection insurance. As with all insurance, automobile coverage is a policy you hope never to have to access. However, investing in automobile insurance provides financial protection in case the unfortunate happens. Please E- Mail or contact us by phone.
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Firm Overview - The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright © 2002-2005 by Andrew C. Burrell . All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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