The consequences of a rideshare accident can be just as horrible as a so-called “regular” car wreck. However, uber/lyft accidents can be a lot more complicated from a legal perspective. Even though riders use their own vehicles, obtaining compensation from the insurance companies that cover Uber and Lyft, as well as the personal insurance policy that covers the negligent driver, can be much harder than you think.
So, what’s the best thing you can do in order to get the money you deserve for the injuries you’ve suffered? You’ll need the help of a Fargo rideshare attorney who knows the complexities involved in this kind of case. That’s exactly what you’ll find when you work with Sand Law. Not only do we have a lot of experience in this area, we also have a strong track record of success.
If you would like to learn more about how we may be able to help, contact us online or call 701-609-1510 to schedule a free consultation.
You might think that with the incredible popularity of ridesharing companies such as Uber and Lyft, accidents involving their drivers would happen all of the time. However, that’s not necessarily the case, since rideshare drivers still only make up a small percentage of all motorists on the road. It’s estimated that only about 3% of car wrecks can be attributed to rideshare drivers. However, accidents involving rideshare drivers have led to more than 1,000 fatalities.
As a rideshare passenger in Fargo, North Dakota, you have the right to a safe journey. If involved in an accident, you’re entitled to compensation for your injuries, regardless of whether the rideshare driver or another party is at fault.
You also have the right to access information about the accident, including the rideshare driver’s insurance details. It’s crucial to be aware of these rights to ensure you’re adequately protected and compensated.
Rideshare drivers, while offering their vehicles for commercial use, have both rights and responsibilities. They have the right to be protected by their rideshare company’s insurance when the app is on, but they also have the responsibility to maintain their vehicle, drive safely, and report any accidents promptly.
In Fargo, North Dakota, rideshare drivers should be aware of local regulations and ensure they adhere to them, ensuring both their safety and the safety of their passengers.
Both Lyft and Uber have similar insurance coverage structures. Whether or not you’ll be able to get paid by that insurance will depend largely on whether or not the negligent driver had their app on or off at the time the accident took place. You’ll learn more about the different app-related scenarios in the next section.
Rideshare company insurance coverage is typically as follows:
Uber will cover up to $1 million in underinsured/uninsured bodily injury and third-party liability. It may also cover the cash value of any other car involved in a wreck caused by a Uber/Lyft driver. But there are a lot of gray areas involved with all of this coverage, and their websites don’t do a very good job of clearly spelling it out.
It’s also important to note that, while rideshare companies do have coverage, they will typically only pay out if the personal insurance of the driver isn’t sufficient to cover the accident victim’s damages.
Rideshare accidents fall into one of three basic categories listed below. The amount of compensation you will be able to pursue will depend on which category applies to your wreck. The categories are as follows:
This can be a particularly complex scenario. Suppose the rideshare driver’s app is on, and the driver is waiting to pick up a passenger and gets into an accident. The insurance policies of Lyft and Uber pay a lower level of compensation in this instance.
If the driver’s app is online, a passenger is in the car, and an accident occurs. That’s where Lyft and Uber insurance coverage increases substantially. The passenger may not only be eligible for compensation from the rideshare company, but also the insurance company of the other driver – if that driver is at fault.
If the rideshare driver’s app is offline and that driver causes an accident, neither Uber nor Lyft insurance will come into play. The reason is that the driver isn’t “on the clock,” so to speak. This will be treated like a typical car accident. The injury victim will have to pursue compensation from the driver’s personal insurance policy.
While rideshare services like Uber and Lyft have surged in popularity, traditional taxis still operate in many cities, including Fargo.
When it comes to accidents, there are distinct differences between the two. Traditional taxis often have commercial insurance policies with higher coverage limits, while rideshare vehicles might rely on a combination of personal and company-provided insurance.
The claims process can also differ, with taxi claims often being more straightforward than the layered approach in rideshare incidents. It’s essential to understand these nuances to navigate the claims process effectively.
One area where rideshare and “regular” car accidents are similar is what victims need to do afterward. Here’s a brief look at just a few of the things you should do if possible.
Liability for the injuries you’ve suffered will depend, of course, on who is responsible for the accident. If you and your attorney can gather the evidence to prove your case, then whoever is to blame will be liable. But even if you think the accident might be your fault, never admit that’s the case. That will ruin any chances you have of obtaining compensation.
More than likely, you will be taking action against the rideshare driver’s insurance company if they were at fault. If that person’s coverage won’t cover your medical treatment and other accident-related financial losses, you may be able to sue Uber or Lyft’s insurance carrier. A Fargo automobile accident attorney will know exactly who you’ll need to take action against so you can get the money you deserve.
You simply must talk to a Uber/Lyft accident attorney in order to have any chance of winning your case. The complexities are just too numerous not to have legal representation. Learn how a Sand Law attorney may be able to help by calling 701-609-1510 or using our online contact form.
Although no one expects to be involved in a car accident, the most careful and attentive driver can be injured in a severe collision when others disregard traffic laws and safe driving practices. North Dakota had the highest percentage of drunk driving fatalities in the nation, according to government statistics in a recent one-year period.
The National Highway Traffic Safety Administration (NHTSA) reported more than 4 in 10 driving fatalities involved a driver with a blood alcohol content (BAC) that exceeds the legal limit of 0.08 percent. If you have been the victim of a driver who was intoxicated, speeding, distracted, or otherwise unsafe, you might have a right to financial compensation. Our Minot, North Dakota, car accident lawyers protect the rights of injury victims against insurance companies while pursuing the fullest financial recovery for our clients.
We recognize the enormous physical and emotional toll of suffering a serious injury in an auto accident. Therefore, our lawyers help clients effectively navigate insurance company traps and legal complications. Also, insurance policies are dense, complex, and filled with exemptions, exclusions, and conditions.
On the other hand, the civil litigation process involves understanding and navigating civil procedural rules, substantive legal standards, court rules, legal deadlines, case law (e.g., judge-made law), statutes, evidentiary rules, etc. At Sand Law, PLLC, our motor vehicle accident attorneys are committed to demystifying the complex process of pursuing legal compensation. By doing so, we can keep clients informed throughout their cases and diligently work to obtain the best outcome for injury victims.
Our Minot, North Dakota auto accident lawyers have built a reputation among judges, peers, opposing counsel, and former clients based on proven results and dedication to providing a high-quality attorney-client experience. Sand Law, PLLC has a policy of striving to respond to client calls and emails the same business day or the next business day. We also provide periodic updates and copy clients on correspondence because we recognize the importance of effective client-attorney communication.
Our reputation is reflected in client and peer evaluations, along with numerous accolades and awards, such as:
Although you have the right to take on at-fault parties and their insurance companies on your own, car accident victims represented by experienced personal injury lawyers tend to fair much better than those who go it alone. An adjuster or investigator from the insurance company might contact you to arrange an in-person interview or recorded statement.
Be warned, the insurance representative’s goal is to obtain information that devalues your claim or provides a defense to partially or totally deny liability.
While results of cases will vary depending on numerous factors, insurance carriers are aware of industry studies that reveal claimants with attorneys recover as much as 350% more than individuals who handle their own claims. Insurers and their team of investigators, adjusters, experts, and lawyers are not motivated by a sense of fairness. Rather, their goal is to protect the financial interests of their employer by limiting the amount of money injury victims receive.
Experienced legal representation from a North Dakota car accident attorney benefits individuals injured in motor vehicle accidents in numerous ways, including but not limited to the following:
As many people who are involved in car accidents don’t have prior experience with lawsuits, it makes sense for the process to seem overwhelming and stressful. On top of that, it can be hard to decide when you should hire an attorney and when you can probably get by without one.
The best way to make this decision is to speak with an attorney. Most attorneys offer free case evaluations, and if they don’t believe that your case needs to be handled by an attorney—they’ll tell you.
If an attorney won’t give you a free case evaluation or won’t advise you on whether or not you really need an attorney, that’s a good indication that you should be running in the opposite direction.
However, in general, there are some circumstances that will help you determine whether or not you need to hire a car accident attorney. For example, if you weren’t injured in your car accident and the damage to your car is minimal, you’ll likely be able to handle it on your own, as you won’t have complicated damages or high medical bills to deal with. Or, if you have knowledge of law and insurance, you may also feel comfortable taking on your case alone.
The most important thing is how confident you feel. If you think you’re capable of taking on a smaller case without any outside help, by all means. However, larger, more complex cases will always benefit from an attorney. Attorneys have built connections within the industry, and they can use those connections to benefit you.
If you don’t feel confident about taking on your case alone, or you have high damages and injuries, hiring an attorney is your best bet. And if you’re unsure of whether or not you need an attorney, schedule a free case evaluation to get advice from an attorney in real time.
After you’re involved in a Minot car accident, it’s important to take the following steps.
If you or someone else involved in the accident have a serious injury, contact 911 (or allow someone else to contact 911 on your behalf) to receive emergency medical attention. If you’re unable to move, talk, or stay awake, emergency attention will likely be required.
If you can stick around at the scene of the accident, you should first contact the police to file a police report. Others may try to convince you not to get the police involved, but that would be a mistake. A police report provides solid evidence for your case. Some insurance companies may deny your claim without one.
Make sure to get the first and last names, best contact phone numbers, and insurance information of any drivers involved in the accident. Give them the same information.
You should take as many pictures as possible, as they can showcase how the accident occurred and even who is at fault. Take photos of your vehicle and other involved vehicles, as well as your injuries and the scene of the accident. For example, pictures could show skid marks, proving that a vehicle was speeding before coming to an abrupt halt.
If anyone witnessed the accident, make sure you talk to them. Get their contact information and let them know that someone may be in touch to speak with them about the accident. You should also encourage them to stick around to speak with the investigating police officer. A police report with a witness statement reflecting your story on it is powerful evidence.
After you’ve collected as much evidence as you can, you should then seek medical attention. Even if you don’t believe that you’re injured, you should still be examined by a medical professional. Even severe injuries may be masked by the adrenaline caused by car accidents. When you see a doctor, make sure to let them know that your injuries are because of a car accident. Tell them where you were in the vehicle and where the car was impacted.
Don’t talk to them about fault, even in casual conversation. Not seeking medical attention right after your accident can cause insurance companies to raise an eyebrow. They’d use this as an excuse to lowball your settlement, stating that your injuries must not have been serious if you didn’t receive medical treatment right away.
After you receive the medical treatment, you should immediately speak with an attorney regarding your case. This can be done from the hospital if you’ve been checked in for a more extended stay. You must talk to an attorney before filing a claim with your insurance company. Once you file a claim with your insurance company, both your insurance company and the at-fault party’s insurance company will want statements from you regarding the accident.
The at-fault party’s insurance company may try to offer you quick cash in exchange for your statement or the signing of a waiver. Do not give any statements without first speaking to your attorney, and do not accept any money or sign any documents.
Liability in most car accident cases is based on some form of negligent or reckless driving. While North Dakota law recognizes multiple degrees of negligence, “ordinary negligence” is defined as the “want of ordinary care and diligence.” The most common cause of traffic accidents is unsafe driving practices, such as:
When drivers speed, it makes it much harder for them to slow down when traffic changes. Even if they’re only going 10 mph over the speed limit, it makes a difference. Speeding can lead to rear-end accidents, sideswipe accidents, and t-bone accidents.
When the right-of-way rules aren’t observed, an accident may occur. These types of accidents often occur at four-way stops and turn that require a yield, such as right and left turns at red lights.
Driving while under the influence of drugs or alcohol has a huge impact on one’s ability to operate a motor vehicle. Alcohol affects decision-making, vision, and critical thinking skills.
Distracted driving doesn’t just mean texting or talking on the phone while driving, but can also include eating, putting on makeup, looking for a playlist, looking for directions, or talking to someone in the back seat.
Running a stop sign or red light is dangerous, even if you think no one is coming. Running a red light or stop sign is a common cause of t-bone accidents.
You should always look to make sure that no one is in your blind spot before changing lanes. When someone doesn’t look, they may cause a sideswipe accident.
Illegal left-turn accidents tend to occur at intersections with a red arrow and can be extremely dangerous, especially when speeding. These may occur because the driver believes that turning on a red arrow is legal when it’s not.
When a driver doesn’t leave proper space between themselves and the car in front of them, an accident may occur when traffic conditions change abruptly, as the following driver doesn’t have time to adapt.
When the traffic, weather, or road conditions change, drivers should always adjust. This is especially true in poor weather conditions such as snow or heavy rain.
Using a phone, even for a few seconds, while driving can cause an accident easily, as it takes one’s mind and eyes off the road.
When someone drives tired, their reaction times are much lower, meaning they may fail to react to changing traffic conditions in time.
Our Minot auto accident lawyers work diligently to maximize our clients’ financial compensation. We accomplish this task by pursuing several strategies that include:
Even when a careless driver causes your injuries, the at-fault party might lack adequate insurance or assets to compensate you for your loss fully. To start this process begins with the initial consultation at the onset of our legal services. Then, our motor vehicle accident lawyers carefully investigate the potential liability of third parties.
These may include public entities that fail to design, construct, or maintain safe roadways; manufacturers of defective vehicles; employers of drivers on work-related outings; the vehicle owner; and others depending on the specific facts and circumstances.
Although North Dakota requires drivers to carry auto insurance, many motorists disregard this mandate or carry the bare minimum. The statutory minimum can prove woefully inadequate. The minimum bodily injury coverage is $25,000 per person and $50,000 for all injury victims.
When a person suffers a severe injury, this amount might not even cover medical bills. If multiple people are injured, the entire $50,000 in coverage could be exhausted before you file your claim. Therefore, we analyze other coverage, like umbrella policies or our client’s own uninsured/underinsured (UM/UIM) coverage, to increase our clients’ “net recovery.”
While most auto collision claims settle without the need for a trial, we work hard to make a compelling case so that we can negotiate from a position of strength. However, we want insurance companies to know that we will not hesitate to take your case to trial if it is in your best interest.
Maximizing the amount our clients receive does not end once a settlement or judgment has been obtained. We negotiate with medical providers to secure reductions in medical bills so that our clients put more of their compensation in their pockets.
Our seasoned vehicle accident lawyers have handled thousands of car accident cases. We frequently use experts to analyze the accident scene, vehicle damage, the law enforcement accident report, and other evidence to craft a persuasive explanation regarding the cause of the crash and our client’s injuries. We have the experience and expertise to handle all types of car accidents, such as:
The number of traffic fatalities in North Dakota decreased in 2018, according to the North Dakota Highway Patrol. However, vehicle collisions still claimed the lives of over a hundred people and caused severe injury to many more.
A significant number of serious injuries experienced in auto collisions do not immediately manifest serious symptoms. For example, a headache that might be attributed to the stress of the incident could be a symptom of a brain injury. Delays in seeking medical attention can adversely affect a person’s prognosis and compromise his or her financial recovery.
Car accident victims should visit a doctor following an accident, even if their symptoms seem minor. Additionally, all symptoms should be reported to the doctor. Further, the injured party should submit to all ordered diagnostic tests and imaging.
Some of the injuries we frequently see that can cause intense pain, long periods of recovery, and/or disfigurement or disability include:
These types of injuries include concussions, skull fractures, brain bleeds, and facial injuries requiring plastic surgery. Brain injuries can have devastating long-term consequences on cognition, sensation, mobility, mood, communication ability, personality, and many other physical and mental functions.
Broken bones can cause excruciating pain, require surgeries, and necessitate the implantation of screws and metal plates.
Serious burn injuries can lead to skin grafts, surgeries, permanent disfigurement, and intense pain.
When the spinal cord is damaged, an injury victim can suffer the loss of sensation and movement in the extremities. The affected areas of the body will depend on the severity of the injury and the location of the damage.
For example, tendons, muscles, and ligaments can be torn or strained in a collision. These injuries can be excruciating, requiring surgical repairs and long periods of rehabilitation to recover fully.
These types of injuries can be debilitating, causing recurrent pain or permanent damage. Common neck and back injuries include lumbar strains, spinal stenosis, herniated discs, degenerative spinal disorders, and more. Spinal cord injuries are severe, as damage to the spine can leave one paralyzed.
No amount of money can restore the love of a family member whose life is taken prematurely. However, compensation in a wrongful death lawsuit can ease the financial burden that accompanies the tragic death of a family breadwinner.
The word “damages” refers to any loss that you experience as a result of your accident and subsequent injuries. There are two different types of damages, special and general. You may also receive punitive damages.
Special damages or non-economic damages are losses that have a monetary value associated with them. They can be easily tabulated by gathering medical bills, lost wage documents from your employer, and other receipts.
General damages are harder to calculate, as they don’t rely on a specific monetary value but instead reflect the change to your quality of life that you may have experienced after your accident. The more your life has worsened because of your injuries, the more compensation you’re likely to receive.
When a loved one passes away because of the injuries they sustained from a car accident, either at the scene or later on because of complications, you can collect wrongful death damages on their behalf. You can claim damages for the special and general damages they experienced and the damages that you experienced because of their passing.
Punitive damages are rare but may occur when gross negligence is involved. This type of damages is awarded to the plaintiff to punish the defendant further. They’re also used to try and prevent the defendant (or similar parties) from committing the same act again in the future.
The most important factors that determine your claim’s worth are the severity of your injuries and your total damages. These two are very interconnected, as how bad your injuries are determined how much your damages are overall. The more severe your injuries are, the more you’ll have in medical debt and lost wages. Not only that but the more severe your injuries are, the more likely you are to experience a change to your quality of life, which will result in higher pain and suffering compensation.
Unfortunately, you can’t receive more in compensation than the at-fault party has available to give. However, if the at-fault party acted with gross negligence, you’ll receive punitive damages, adding to the total value of your claim.
And finally, whether or not you settle also has a huge impact on the amount of money you receive. In general, you can receive more money when you take your case to trial, but most cases don’t make it that far. You also will only receive compensation if you win, which can be chancy. It’s said that your settlement value is a percentage of your trial value based on the chance you have at winning your case.
For example, if your trial value is $300,000 (your total and highest possible value), and you have a 50% chance of winning your case if it were to go to trial, your settlement value would be 50% of your trial value, or $150,000.
Our personal injury attorneys at Sand Law, PLLC works diligently to take on insurance carriers and fight for our client’s rights and interests. Although the precise types and amount of compensation in your case will depend on your unique circumstances, some of the kinds of damages in car accident claims include:
Our traffic accident injury attorneys offer a free case evaluation so that we can review your claim, determine your legal rights, and advise you about how to protect your right to compensation. Call Sand Law, PLLC today at 701-609-1510 or email us for a free consultation as to your accident claim.
Even though a car accident is over in the space of a few seconds, the aftereffects can last for weeks or months. For some accident injury victims, the effects can be lifelong. North Dakota’s rate of auto accidents is higher than the national average, with one occurring almost every thirty minutes within the boundaries of the state.
Another facet of car accidents is the time it takes to navigate the legal avenues in seeking compensation for damages inflicted on you in the accident. Lawyers representing the other party in the accident can dispute your claim, denying you the reimbursement you are entitled to. Having a North Dakota car accident lawyer in your corner is key to coming out on top in a contentious claim case. The attorneys at Sand Law can help you take action against the responsible parties and get you the compensation you deserve.
A car accident often happens suddenly with little warning. The vast majority are the result of otherwise preventable human error. This is known as negligence on the part of the driver that causes the accident, and it is key to the argument you need to make in claims court.
Car accidents take many forms, with a wide range of severity:
A lighter collision, with no or minor injuries to the parties involved and minimal damage to vehicles. Though it may seem right to let such minor incidents slide, the damage incurred can still be expensive.
The severity of the average collision is dependent on a variety of factors, including the speed both cars were moving and road conditions such as rain or snow. If the driver that hits you is driving distracted (i.e., on their phone) or intoxicated, they are liable for the damage they do.
More often than not, accidents that happen on the highway are the most devastating to passengers and vehicles. Highway speeds equate to far more force when cars collide, leading to incredibly severe injuries.
Because of the size and weight difference between a typical passenger car and a commercial truck, accidents between the two are often serious. They can cause severe injuries, such as traumatic brain injury, spinal cord injury, broken bones, and more. It can be trickier to determine fault in truck accident cases, as many parties could be liable for an accident.
Motorcyclists are extremely unprotected on North Dakota’s roadways. They have no exterior protection, no seatbelts, and are often overlooked. Because of this, accidents between cars and motorcycles can cause devastating injuries. Motorcycle accidents often cause road rash, causing potentially permanent damage to the skin.
Road rash occurs when skin scrapes against asphalt, leaving damage similar to an intense burn. Severe road rash requires a skin graft and is at great risk for infection and scarring. Motorcycle accidents most commonly occur because of improper lane changes, distracted driving, and driving under the influence.
North Dakota is well known for its oil industry jobs. And while working in the oil fields has its own dangers, the trucks that transport the oil and equipment can cause serious injuries too. Accidents on an oilfield include pad site accidents, injuries, explosions, hazardous materials accidents, slip and fall accidents, and wrongful death. These can lead to injuries such as traumatic brain injury, spinal cord injury, burns, and broken bones.
Crossing the road can be an extremely dangerous event. But most people cross roads like it’s no big deal. Motorists, too, often do not take crosswalks seriously enough. When a car hits a pedestrian, the result can be serious.
Bicyclists, like motorcyclists, are unprotected against the heavy steel of cars. When a car hits a person riding a bike, the cyclist is often left with life-long injuries.
Your employer may be liable for your injury if one or more of the following caused your accident:
Driving any type of vehicle requires one’s full attention. Therefore, anything that takes that attention away is considered to be a dangerous habit. However, dangerous habits don’t just include distractions. They also include shortcuts or bad habits that you have while driving. Dangerous habits include:
Any of these reasons is enough to hold a driver responsible for the accident due to their negligence.
If you’re involved in a car accident (whether you’re a passenger vehicle or a vulnerable road user), the injuries that result from these accidents are often serious and expensive. Car accident injuries can result in a huge change to one’s quality of life, requiring the victim to seek long-term treatment, such as surgeries, physical therapy, and medication use. Treatment options are different for different types of injuries, and some may require less treatment than others. However, even basic treatment in a hospital for a minor injury can run a person over a thousand dollars.
Common injuries associated with car accidents include:
After an accident, it’s important to take the following steps.
Have an EMT assess you on the scene of the accident to ensure you are not in any immediate danger from injuries you may have sustained.
Many people may try to argue that you shouldn’t file a report at the scene of the crime. However, this is a mistake. Filing a police report will provide your case with hard evidence from people who saw the aftermath of the accident. In some cases, your insurance company may deny your claim if a police report wasn’t filed.
Document the scene as best you can by taking plenty of pictures; a cell phone camera works perfectly for this. Take pictures of your car, the other cars involved in the accident, and any injuries you or your passengers have sustained. Collect personal information from the other parties in the accident, as well as from witnesses.
You should collect their full name and preferred method of contact, whether that’s their phone number or email. You should also ask them to stick around to speak with the investigating police officer about what they saw. A witness statement that shows the other driver was at-fault on a police report is incredibly sound evidence that can be hard to argue against in court.
These are vital for court proceedings in the future.
Even if you are cleared by EMTs at the scene, you should still be proactive and seek a full physical a few days after the accident. Sometimes damage from the accident does not become fully apparent until some time after the accident, such as the full extent of internal damage or whiplash.
You should not speak to any insurance companies until you have spoken to an attorney. Once you file a claim with your insurance company, they’ll reach out to the at-fault party’s insurance company, who will contact you. They will try to get you to give them a statement in exchange for quick cash or a small settlement. It’s important that you do not do this, as you can damage your lawsuit before it’s even begun.
Speak to a Bismarck car accident attorney for a free case evaluation. This is your chance to ask questions while also learning about your rights as a victim and your potential options.
Hiring legal representation for your lawsuit will improve your chances of receiving a higher settlement offer or a trial win. Additionally, it will also protect your legal rights and ensure that you can actually file a legal claim for financial compensation.
You can attempt to file a claim on your own to submit to the at-fault party’s insurance company. However, you will always have a hard time getting money out of them. They don’t care about paying you. And if you’re not willing to put in the effort to fight hard against them, you may never get paid. Hire an experienced attorney who knows how to get money out of insurance companies to do the dirty work for you so you can focus on relaxing and recovering.
The car accident attorneys at Sand Law can help you file an insurance claim against a negligent driver. These claims seek to recover compensation from the party that caused the accident to compensate for financial losses because of the following:
Insurance companies often seek to mitigate insurance payouts because of how high the amount can be. It is important to enlist a qualified car accident attorney to help you navigate the legal space and get the compensation you are entitled to.
Determining the dollar amount that you’ll receive from your car accident claim is not an easy task. There are many factors that influence your claim’s value, and negotiations to determine what your settlement will be can last for months. Your attorney may be able to give you a ballpark estimate of the compensation you could receive by the end of your case. However, this number may fluctuate over the course of your lawsuit if you receive more medical treatment or if your injuries worsen.
If you choose not to hire an attorney, your claim’s value won’t change—but it’s unlikely that you’ll be able to get the same amount an experienced attorney would be able to. Hiring an attorney is the best way to ensure maximum compensation, as they have years or decades of experience working with insurance companies.
Your claim’s value is based on a variety of different factors, such as:
While your attorney can give you a rough estimation of how much you can expect to receive by the end of your lawsuit, this number may change and isn’t guaranteed. Whether or not your case goes to trial also plays a large part in how much compensation you receive.
Your claim has two values, your trial value, and your settlement value. Your trial value is the total value of all of your damages, and your settlement value is often a percentage of that. That percentage is determined based on your trial value. For example, if you have an 80% chance of winning your case in trial, your settlement value would be approximately 80% of your trial value.
However, this, again, is just an estimation. Your attorney may be able to get you more than the percentage, or the insurance company may be unwilling to pay out more, leading to a trial. Every case is different, which is why it’s so important to speak with an attorney before making any decisions about your lawsuit.
For anyone who hasn’t filed a lawsuit or been involved in the legal process before, it can be overwhelming. Thankfully, your attorney will be able to walk you through the entire process, answering any questions you may have throughout.
The timeline starts when your accident occurs. It’s important to note when your accident occurs, as you only have a certain amount of time to file according to the statute of limitations. In North Dakota, you have six years from the date of the accident to file your lawsuit if you so choose.
After your accident occurs and you receive medical attention, you should then hire an attorney. Once you have chosen an attorney, the discovery process will begin. During the discovery process (often the longest portion of your case), your attorney will:
After the discovery process, negotiations will begin. Most cases settle during this time period, but it can take anywhere from a few months to a year. This process will begin with your attorney making a demand. The insurance company will return with their offer, and they will go back and forth until your attorney gets a settlement offer that you are happy with. If this doesn’t occur, the case will be taken to trial.
When it comes to injuries resulting from a car accident anywhere in Burleigh County, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our team is the best to help you get it. Contact our experienced truck accident lawyers at 701-609-1510, or fill out our online contact form today.
In 2017, there were over 15,000 automobile accidents in the state of North Dakota. In these accidents, there were over 4,000 injuries and over 100 fatalities. North Dakota has a higher accident fatality rate than the national average, with a fatality taking place at an average rate of 1 every 3 days.
This high car accident rate means that there are many residents that need an experienced, attentive lawyer who can help navigate the process of filing a claim for compensation. The process can be complicated and arduous. And the attorneys at Sand Law can help you seek the damages that you are entitled to.
An automobile accident occurs every half hour in North Dakota, on average. They are an everyday happening. And most of them are the fault of otherwise preventable human error. Most car accidents are caused by common causes such as:
Car accidents can result in a variety of different injuries. Some may be minor, only requiring simple treatment. Others may be more severe, requiring long-term treatment.
Muscles, ligaments, and tendons are all considered soft tissue. These are most common in the arms and legs. Whiplash of the head and neck is a type of soft tissue injury as well. The force of car accidents can also damage the soft tissue of the back, leading to muscle sprains. Soft tissue injuries often lead to chronic pain and can cause issues years after the initial injury.
Any objects loose on the inside of a car become a projectile in a collision. Items like cell phones, mugs or bottles, purses, books, and similar items will be flung around the inside of your car. They can easily cut your skin or cause other injuries. Some injuries may be serious enough to result in blood loss and require stitches.
As discussed above, muscle strain and whiplash can result from the sudden movements vehicles experience in accidents. But an impact on a side window or against the steering wheel can cause bruising and deep lacerations to the head. Closed head injuries are also possible. This is where tissue inside the skull is damaged by sudden impacts.
Your whole body is at risk in accident situations. Drivers can be slammed into the steering wheel. This can cause broken ribs or internal bleeding. Bruising can result from a seatbelt pulling taut across the chest. Side impacts can throw your arms or legs against the door and, in severe cases, can break the corresponding limb.
Injuries are not always obvious in the immediate aftermath of an accident. Sometimes it can take over a month for evidence of the injury to appear. For the sake of your safety and your claim in the future, seek medical treatment for even the earliest sign of an injury.
Unfortunately, car accident injuries can be expensive. Victims are often left with debilitating injuries and no way to pay their medical bills. Thankfully, by filing a lawsuit against the at-fault party (or your own insurance company), you can recover these damages in the form of compensation.
There are two types of damages that you may be able to recover, economic and non-economic. Economic damages include any monetary losses you’ve experienced, while non-economic damages cover any abstract losses.
Economic damages include:
Non-economic damages include:
In the case that a car accident causes the death of a loved one, you may be able to recover damages on their behalf. You can receive compensation for the above damages as well as funeral and burial costs.
The injuries that can result from a car accident can be life-changing, and if it is the result of fault or negligence on the part of another driver, you are entitled to the damages you sustain. It can be a tempting prospect to represent yourself in a claim seeking damages for an automobile accident, especially when faced with the prospect of repair and medical bills. What’s the benefit of hiring a lawyer on top of all that?
For one thing, experience is a must-have. Adjusters for insurance companies are there for the express purpose of settling claims for far less than they are truly owed. An experienced lawyer knows that insurance companies will often not offer an adequate settlement for claim cases and knows how to use the law to get an appropriate settlement.
When it comes to the injuries resulting from car accidents, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our team is the best to help you get it. Contact our experienced truck accident lawyers at 701-609-1510, or fill out our online contact form today.
Motor vehicle accidents occur every day in North Dakota. There are many traditional factors, such as North Dakota’s often unpredictable weather, that play a factor in how many accidents occur during a given time. During the winter, snowstorms create hazardous driving conditions that can cause car accidents. Spring brings with it not only April showers but slick roads that can be bothersome for drivers. Summer and fall have their own effects on driver safety as well.
It’s true that over the years, safety improvements to both roads and vehicles have reduced the number of serious injuries compared with a few generations ago. However, new distractions such as texting and driving, the use of electronic devices while behind the wheel, and other negligent acts still cause serious, injury-producing motor vehicle accidents on a regular basis.
The car accident lawyers at Sand Law are experienced in fighting against insurance adjusters and defense attorneys to secure the compensation you deserve.
If you have been injured in a car accident, you have the right to seek compensation for your losses and injuries. In the law, we call these damages. Under North Dakota law, if you have been involved in a car accident and sustained damages – you can recover monetary compensation for pain and suffering, emotional harm, disfigurement, and humiliation.
You can also recover damages for medical expenses, lost income, and property damage. The best way to go about enforcing these rights is to hire a car accident lawyer who is familiar with the local court system. There are many ins and outs of the legal system that require the expertise of an experienced attorney.
At Sand Law, we always advise our potential clients that whether they hire us or another law firm – it is imperative to employ the services of a car accident attorney. Whether you were injured in a Grand Forks car accident or a collision in Williston, hiring capable legal representation is essential.
Many of our clients are worried that they will have to be dragged through a long, drawn-out trial. Others are nervous about testifying on the stand in court. The car accident lawyers at Sand Law are here to help you every step of the way and ease your mind.
We are the ones that fight for you in court. If you do have to testify, we prepare our clients for what to expect. You will not be surprised and will feel comfortable with how the process works.
At Sand Law, we pride ourselves on being a litigation law firm. Our approach to auto accident cases is to prepare as if a case is going to trial. However, the vast majority of car accident matters settle out of court prior to trial, either at mediation or at settlement conferences.
At Sand Law, PLLC, our car accident lawyers are determined to achieve positive results for our clients. Fighting the power of the insurance industry requires a proactive approach. We have the experience and knowledge of how adjusters and claims representatives approach their work to anticipate challenges. Insurance companies rely on lawyers to minimize their risk. We level the playing field by providing our clients with zealous advocacy and tenacious representation.
For many car accident cases or personal injury claims, you may be entitled to compensation for things such as lost wages and medical bills. Our team of auto accident attorneys will review your medical records, any police reports, and witness statements and gather evidence from videos to reconstructions as we build your case.
Our law firm has the resources and skills to fight for your best interests across the spectrum of motor vehicle accidents, including:
Insurance companies frequently delay settling injury claims. They know that as you recover, your memories about your current struggles and pain will fade. We work with clients to help them understand the nuances of battling the insurance industry to maximize compensation. We will guide you every step of the way as we prepare for the trial. A strong position at every stage of litigation is strong medicine in solving legal disputes over the harm you have suffered.
Car accidents can be devastating, leaving victims with injuries that could take months to years to recover from. Some people don’t recover from their injuries at all and are left with a disability. Car accidents can also leave people with minor injuries that may still cause pain and suffering, high medical bills, and more.
Traumatic brain injuries are very common in car accidents, as they occur when the head is struck or penetrated with great force. Types of brain injuries include concussion, contusion, anoxic brain injury, and coup, contrecoup, and coup/contrecoup injuries. Coup injuries occur when the head is struck, and the brain is damaged at the site where it was struck.
A contrecoup injury occurs when the brain shifts and strikes the opposing side of the skull, causing damage at the side opposite to the site of impact. A coup/contrecoup injury occurs when the brain shifts back and forth, causing damage at both the site of impact and the opposite side of the brain. These injuries are often misdiagnosed, causing further problems down the road.
Spinal cord injuries occur when the back is struck with great force. This type of injury is incredibly common in rear-end accidents. The higher on the spinal cord the injury occurs, the more severe the consequences of the injury. Damage to the spine may cause either complete or incomplete paralysis. Complete paralysis means that the victim has lost all ability below the site of the injury. Incomplete paralysis refers to a partial loss of movement and sensory ability below the site of the injury.
There is no cure for spinal cord injuries, but they can be treated with different surgeries, injections, and physical therapy. The costs associated with spinal cord injuries can be very high and may last a lifetime.
Broken bones aren’t often serious but may require surgery if the break isn’t clean. A clean break can be set into a cast to heal, but a more serious break will need surgery to make sure that it’s set in the correct position before placing it in a cast. Serious breaks, like multiple broken bones or a bone broken in multiple different places, may require physical therapy after treatment to help the patient get used to walking again.
Burns can be caused by hot metals or a car fire. Serious burns require skin grafts and are at high risk for infection. They also leave the victim with lifetime scars. If the burn occurs near the airway, it could cause trouble breathing and death.
The most common type of soft tissue injury is whiplash. Whiplash is also one of the most common injuries associated with car accidents as it occurs when the neck moves back and forth rapidly. Whiplash and other soft tissue injuries can lead to chronic pain even after the injury has fully healed.
In the case of a catastrophic injury that leads to an amputated limb, a patient may need to spend money on prosthetics and even the cost of amputation. Amputation can occur at the scene of the accident or at the hospital if the limb is beyond saving.
Neck and back injuries include whiplash, a very common injury associated with car accidents, herniated discs, soft tissue injuries, and more. Back injuries can cause a lifetime of back pain and often require physical therapy or surgery to repair the damage.
Internal injuries, like damage to the organs or internal bleeding, often go undiagnosed. After an accident, you may feel a surge of adrenaline that masks the pain of injuries not visible. Internal injuries often require surgery to repair the damage to the organs or stop the bleeding. If left untreated, internal injuries can lead to fatality.
Crush injuries are fairly common in car accidents as the metal of the vehicle can warp when damaged by another car. This can cause limbs, most often the legs and arms, to be crushed. Crush injuries include multiple broken bones and amputation.
There are many different causes of car accidents. Sometimes the cause of an accident is a driver acting with negligence, like speeding or talking on the phone. The driver is doing something they don’t think will cause an accident. However, sometimes drivers are more grossly negligent, doing things that are knowingly risky, like drunk driving or aggressive driving.
Speeding most often causes read-end, sideswipe, and t-bone collisions. A driver may be speeding so fast that they’re unable to stop in time, rear-ending the driver in front of them. Depending on how fast they’re speeding, this could also cause a chain reaction accident, causing the person they hit to hit the car in front of them and so on. Speeding may also cause accidents if a driver is weaving in and out of lanes on the highway. Speeding while changing lanes can lead to a sideswipe accident if a driver isn’t paying close enough attention.
Distracted driving doesn’t just include texting. It also includes talking on the phone, using a GPS, talking to someone in the back seat, looking for something in the back seat, and generally doing anything that will keep your eyes, ears, and mind off the road. When people think of distracted driving, they most often think about physical distractions, like texting or eating, but mental distractions can cause crashes too. For example, daydreaming or just generally not paying attention can cause an accident to occur.
Driving with a blood alcohol concentration of .08% or higher is considered drunk driving in North Dakota. Drunk driving is an incredibly dangerous act that puts everyone on the road, including the driver, at risk. Driving while intoxicated can cause slow reaction times and distraction. Drunk drivers may also have a hard time paying attention and tracking other cars on the road or get easily distracted by headlights, streetlights, and more.
Many people don’t think that driving while tired can cause an accident, but that’s completely untrue. Driving while tired is dangerous, as falling asleep at the wheel is a hazard for all drivers on the road. Tired drivers may close their eyes for just a second, not even knowing that they’re falling asleep, and then wake up because of a crash that they caused.
Reckless and aggressive driving includes road rage, cutting people off, and intentionally trying to hit other vehicles. An accident may occur if someone cuts someone off too quickly or even sideswipes their car on purpose. This is considered to be grossly negligent.
Rarely a car accident will occur because of a defective car part. This could mean failed brakes, a steering malfunction, or another issue with the car. In these cases, it could be the fault of the manufacturer of the vehicle. However, this is only true if the car has been kept in good condition by the driver.
If the vehicle hasn’t been kept in good condition by the driver and an accident is caused by failed brakes or other maintenance issues, the driver could be liable for the accident, especially if they knew that they needed to get their car serviced.
The different types of car accidents are categorized based on how one vehicle impacts the other. Different accidents can cause different injuries, and some types of car accidents are more dangerous than others.
A head-on collision occurs when the front of one car collides with the front of another car. Head-on collisions are pretty rare, but they can cause fatalities because of where the driver is located. These accidents might occur if one driver is driving in the wrong direction or if they veer into oncoming traffic.
Rear-end accidents, unlike head-on collisions, are common. These accidents occur when the at-fault driver doesn’t stop fast enough, hitting the car in front of them. This can commonly cause whiplash or spinal cord injuries. These may occur at stoplights when a driver doesn’t come to a stop quickly enough or at a high speed if the driver is distracted. Rear-end accidents are almost always the fault of the driver doing the rear-ending.
T-bone collisions most often happen at intersections and stop signs. If a driver runs a red light or a stop sign, they could hit a driver who’s following the rules of the road. Depending on which side of the vehicle is hit, the results of these accidents can be devastating.
Sideswipe accidents occur in busy cities and on crowded highways when one driver skims the side of another driver’s car. This could be a parked car on the side of the road or a vehicle in the next lane over. The severity of these accidents depends on how fast the vehicles were going and what side of the vehicle the accident occurred on.
Chain reaction crashes happen when someone is rear-ended at a high speed, causing the vehicle that was rear-ended to move forward and slam into the vehicle in front of them. These accidents can be tricky, as multiple parties are involved. They can also cause serious injuries, as the driver of the middle car will face impact from both behind and in front of themselves.
Ridesharing has completely changed the transportation industry, making it easier and more convenient than ever for computers to find a ride and for individuals to earn money driving. However, one of the main drawbacks that companies like Uber and Lyft now face is that more and more rideshare accidents are occurring, and it is unclear who is responsible and how injured victims should be compensated. If you have been involved in a rideshare accident, you should consult a qualified Uber and Lyft accident lawyer to learn your rights and options.
Injury claims involving Uber and Lyft collisions require a special kind of experience and legal skill. At Sand Law, we have obtained large settlements and fair compensation for rideshare injury victims.
You may be able to file an injury claim after a rideshare accident if you were:
If you were hurt in an accident involving a rideshare company in North Dakota, then contact the Sand Law PLLC. We have extensive experience recovering compensation for Uber and Lyft accident victims. Contact us by filling out the form below or by clicking on our phone number in the header.
Medical expenses include costs for hospital or emergency room visits, visits to your regular physician or a special physician, surgery costs, physical therapy, treatment, ambulance rides, and more.
When you’re involved in an accident that results in injuries, severe or otherwise, you’ll be required to take time off of work to receive treatment and recover. You can recover the wages that you lost while you were out of work. You can also recover damages for loss of earning capacity, which means you are no longer able to work your job anymore because of the injuries you sustained.
Pain and suffering compensation is calculated based on how much your life has changed before and after the accident. Depending on how much you’ve been through and how much the injuries have impacted your life, this compensation could be higher or lower. The more your quality of life has changed because of the accident, the more compensation you’re likely to receive.
Punitive damages are rare. However, some parties still receive them. Punitive damages are given out as a punishment to the at-fault party. They’re given out when the at-fault party has acted with gross negligence and are used to prevent the at-fault party from committing the same act again in the future.
Property damage in a car accident often only means damage to your vehicle. In the event that your insurance doesn’t cover the damage or total loss of your vehicle, you can claim further compensation for repairs or the cost of a replacement vehicle.
If your loved one was killed in a car accident, you may be able to file a wrongful death claim on their behalf. A wrongful death claim can seek to recover compensation for damages left behind by the deceased and damages caused to the family. This may include medical bills or funeral expenses from the person who was killed or pain and suffering and lost wages from the surviving state.
The personal injury lawyers at Sand Law have office locations in Fargo, Bismarck, Minot, Watford City, and Williston. We are conveniently located to serve all of North Dakota. To arrange a no-pressure consultation with a top-rated injury attorney, please send us a message online or call 701-609-1510. There is no fee unless we obtain compensation on your behalf.
Despite its pervasiveness, speeding is arguably one of the most dangerous driving behaviors. A reckless driver can cost you your physical health, financial stability, career, and much more. You should not have to bear the burden of another driver’s reckless choices.
If you believe that your injuries were caused by the negligence of a speeding driver, it is in your best interest to consult a reputable car accident lawyer to discuss your options for legal recourse. You may be able to recover the value of your losses in a Fargo auto accident lawsuit. Contact a Fargo speeding accident lawyer at Sand Law to schedule a free consultation. You can contact us online or call us at 701-609-1510. We look forward to helping you obtain a fair settlement that recognizes the full scope of your losses.
Speed limits are implemented for a reason. When a road is constructed, engineers and other designers determine the safest maximum speed that cars can travel on that road based on a number of factors. When drivers choose to flaunt this law, serious injuries and extensive property damage can occur as a result of a North Dakota speeding car accident. In some cases, speeding drivers cause fatal auto accidents.
According to the National Safety Council, speeding was a factor in over a quarter of all fatal car accidents in 2020 nationwide. NSC data also shows that on average, 30 people a day die from car accidents involving speeding. In North Dakota, the rate of car accidents involving speeding was 5% higher than the national average. According to a report published by the North Dakota Department of Transportation, there was a car crash involving speeding and/or aggressive driving about every 3 hours in 2020. Perhaps the most frustrating part is that auto accidents like these are entirely preventable.
If speeding is so unsafe and against the law, why do drivers do it? Drivers may justify their speeding by claiming it was an isolated occasion, or they were only going a little bit over the speed limit. However, it only takes one serious auto accident to completely disrupt your life, leaving you with mountains of medical debt, a debilitating injury, and a compromised career path. Regardless, some drivers choose to speed. Drivers may break the speed limit because they are:
One of the most common causes of North Dakota car accidents is speeding. Driving too fast reduces your ability to slow down in time for traffic, swerve out of the way of road hazards, and generally have enough time to anticipate changing conditions.
For example, consider a pick-up truck traveling at 60 mph in a 40 mph zone. The traffic light in front of them turns from green to yellow, and the car in front of them begins to slow down. Even though the truck driver slams on the brakes, they are unable to avoid rear-ending the car in front of them. The driver of the car ends up in the hospital with facial fractures and a traumatic brain injury. A situation that could have been avoided completely at 40 mph has now become a serious auto accident with long-lasting implications for both drivers involved.
This is just one hypothetical scenario, but speeding drivers actually cause numerous devastating accidents across North Dakota every year. It is difficult, and sometimes impossible, to avoid a collision if a deer wanders into the road, a motorcyclist turns out in front of you, or a car suddenly changes lanes, if you are speeding. Speeding on Fargo roads simply isn’t worth the risk of severe injuries, burdensome medical bills, a totaled car, and lost wages.
Beyond the fact that speeding can increase the likelihood of a car accident occurring, when a speeding driver is involved in a car crash, the consequences are often more serious. This can be explained by simple physics. The force of the impact increases exponentially as speed increases.
In layman’s terms, the faster you are going, the harder the hit will be. That means that a speeding driver, their passengers, and other road users are at an increased risk of serious injury or even wrongful death. Even with a seatbelt and airbags, an enormous amount of force is still exerted on the human body in a car accident. Common examples of injuries in a Fargo speeding auto accident include:
The consequences of these injuries can involve invasive and painful treatments, and require you to take time off from work to recover. If you have experienced a catastrophic injury due to the actions of a speeding driver, you should consult a Fargo car accident lawyer who is familiar with the future medical costs you are likely to incur to make sure that you claim the full value of your losses in a speeding accident lawsuit.
Your car accident attorney will be responsible for establishing the negligence of the driver who hit you. In order to be able to successfully claim that you are owed damages as the injured party, they must rely on evidence to prove that the speeding driver violated their duty of care, which resulted in the accident and your injuries.
North Dakota drivers have a responsibility to one another to follow all traffic laws and behave cautiously to avoid auto accidents. Speeding breaches that duty of care. A skilled auto accident attorney will rely on evidence such as traffic cameras, police reports, and accident reconstructions to demonstrate that this negligence occurred.
Your Fargo speeding accident lawyer may also ask you for any evidence you have to support the claim for damages, if you were able to collect any. After seeking medical attention, it is helpful if you are able to document the scene of the car accident. This includes asking witnesses for their contact information, taking pictures of your injuries and damage to your vehicle, and making notes about the scene.
Speeding is only one of several common dangerous driving behaviors that lead to serious Fargo auto accidents. Other examples of reckless driving behaviors include:
When drivers fail to abide by North Dakota traffic laws, the chances of a collision increase. Reckless driving habits can prove particularly devastating for vulnerable road users like bicyclists or pedestrians who have less protection in the event of a car crash. Dangerous driving behaviors can also be especially unsafe in certain places like school zones, and under less-than-ideal driving conditions like snow storms.
You may be unsure what to do next after being injured in a Fargo speeding accident. The smartest choice you can make is to reach out to a trusted expert in North Dakota speeding accidents to manage your claim. Sand Law has guided countless injured clients through the personal injury claims process in or to recover maximum compensation for their damages. In many cases, our clients are happy to recommend us to their friends based on the results we were able to secure.
Our team isn’t intimidated by powerful insurance companies. We have the knowledge and resources to mount an effective claim for damages on your behalf and take your Fargo car accident lawsuit to trial to obtain compensation for those damages. You can count on us to support you while you focus on healing.
At Sand Law, we will take the time to listen to your individual needs and then determine the most strategic way to maximize your compensation. Reach out to our Fargo office at 701-609-1510 to request a free case review with one of your speeding car accident attorneys. You can also contact us online. Our team doesn’t accept a contingency fee unless we can successfully settle your Fargo speeding accident lawsuit, so give us a call today and start reclaiming your life.
Rear-end car accidents can result in painful and even life-threatening injuries. Serious injuries often entail much more than simply seeking treatment. Injured Fargo drivers also often face staggering medical bills and lost wages, leading to financial instability and stress. If your Fargo auto accident was caused by a negligent driver, you may be considering pursuing a rear-end auto accident claim in order to recover the value of these losses.
Unfortunately, insurance companies will often try to undermine your personal injury claim by downplaying your injuries, suggesting specific treatments are unnecessary, or suggesting that you are partially responsible for your car accident. There’s no need to confront a powerful insurance company on your own and risk diminishing the value of your settlement. Instead, contact the trusted rear-end car accident attorneys of Sand Law to represent you in a Fargo auto accident lawsuit. You can call us at 701-609-1510 or contact us online.
Based on the most recent data collected by the National Safety Council, rear-end car accidents are the most common type of auto accident in the U.S., representing over 40% of all car accidents involving a collision between two or more motor vehicles. The NSC reports about 3,410,000 rear-end auto accidents occurred in 2020 alone.
In order to establish a strategy to reduce the rate of rear-end car accidents, the National Highway and Traffic Safety Administration conducted an in-depth analysis of rear-end car crashes in an experiment. The experiment shed light on the role of distraction in rear-end car crashes. Based on their observations and data, the NHTSA asserted that visual attention alone is often insufficient to avoid rear-end auto accidents.
They found that “Approximately 40 percent of [rear-end] crash-involved drivers had their gaze directed out the front windshield at the time of lead-vehicle braking onset.” This indicates that other types of distraction, particularly cognitive distraction, play a significant role in the likelihood of a rear-end car accident occurring.
It’s no surprise that rear-end accidents most commonly occur at intersections or areas with a high traffic volume. Rear-end auto accidents typically transpire as vehicles are slowing down to make turns, stop for a red light or stop sign, avoid a road hazard, or allow a pedestrian to cross the street.
The NHTSA study mentioned earlier in this article also noted that rear-end car accidents tend to occur on clear weather days during the daytime, and on flat, straight roads. This provides further indication that distracted driving is a considerable contributing cause of rear-end car accidents.
Fargo drivers should still be cautious at nighttime and when there is a snow forecast or rain expected, as these conditions can decrease driver visibility and control. Cars and trucks may hydroplane or drivers may be unable to accurately judge stopping distance due to reduced visibility, resulting in serious rear-end auto accidents.
When a rear-end car accident is attributed to driver error, it often involves a distracted or impaired driver. Although other circumstances can be a factor, such as adverse weather and poorly maintained roads, rear-end car accidents are most often caused by negligent drivers. A Fargo car accident lawyer will be able to review the available evidence, speak to witnesses, and request an accident scene reconstruction if necessary to determine the cause of the rear-end car accident.
Distracted driving can take many forms, but generally speaking, this refers to behavior that takes a driver’s attention away from the road. These are known as visual, manual, and cognitive distractions. Some of the most common distracted driving behaviors include:
Driving while operating on inadequate sleep can be just as dangerous as driving under the influence. Fatigued drivers put other road users at risk with their delayed reaction times, compromised judgment, and potentially erratic maneuvering. If a driver is struggling to stay awake behind the wheel, they may not recognize important signals. For example, drowsy drivers may miss the car in front of them coming to a stop, or follow too closely to safely avoid a rear-end collision.
Not only is drunk driving illegal, but it also endangers the lives and property of other road users. A driver under the influence is not at their best. As we have seen, even drivers who are looking at the traffic ahead of them are susceptible to being involved in rear-end car accidents. A drunk driver will likely have impaired vision and judgment skills, both of which are critical to anticipating the flow of traffic ahead. Additionally, drunk drivers may even be unable to physically maneuver their hands and feet in order to safely avoid a collision.
The force of impact in a rear-end car accident can cause extensive injuries. Fargo drivers and their passengers can sustain injuries that require months of physical therapy, surgery, and other expensive and painful treatments. This is because the car occupants are typically jerked back and forth, as the initial impact of the other vehicle causes them to lurch forward, and then backward as the car comes to a stop.
For example, coup-contrecoup brain injuries are frequently associated with rear-end car accidents, as the brain bounces off both the front and back of the skull, damaging both sides of the brain in the process. Many victims of rear-end auto accidents also sustain injuries after hitting their head or face on the dashboard, steering wheel, or other hard surfaces in the vehicle.
After a rear-end car accident in Fargo, the first thing you should do is get checked out by a medical provider. Even if you believe that your injuries are minor, leave that judgment to the professionals. In addition to preserving your health, seeking prompt medical treatment can help protect your future personal injury claim.
If you have medical records showing that you sought prompt treatment, it is more difficult for the negligent driver’s insurance carrier to attempt to diminish or deny your claim. You don’t want to give them the opportunity to say that your injuries aren’t as serious as you claim because you delayed treatment or there isn’t a professional medical evaluation to reference. An experienced auto accident lawyer can help you get your medical records in order and handle any necessary communication with the insurance company.
Determining liability in a Fargo rear-end auto accident is best left to a personal injury attorney who is familiar with the evidentiary standards and legal requirements of establishing fault. Fault is established by proving the chain of causation. First, a personal injury lawyer must show that the injured party they represent was owed a duty of care by the other driver. Then they must offer enough evidence to show that the driver breached their duty of care, which directly caused the rear-end car accident. The injuries named in the Faro car accident lawsuit must also be directly connected to the accident, and any damages claimed must result from those injuries.
In most cases, the driver behind the car that has been rear-ended is considered to be at fault. However, there are certain circumstances under which the driver of the car in front may be considered partially or fully liable. For example, if they were brake checking or had their car in reverse gear, the driver in front could potentially forfeit their right to recover damages as a result of North Dakota’s modified comparative fault statute.
Under North Dakota law, personal injury claims operate under modified comparative fault. That means when an injured party goes to seek damages from the driver who rear-ended them, they can only recover damages if they contributed significantly less than 50% of the fault. If they were partially responsible for the rear-end accident, the value of their settlement will be reduced by the percentage they contributed. In most rear-end car accident lawsuits, this isn’t an issue, as the driver of the following car is clearly responsible for the auto accident.
After a rear-end car accident, you may be able to recover the value of your losses provided that the driver who hit you is determined to be liable for compensatory damages. Compensatory damages are a way to get you back to where you were before the auto accident occurred in terms of finances. The idea is that you should not have to suffer the financial fallout due to someone else’s negligence.
Compensatory damages can be economic or non-economic in nature. Economic damages usually come with a prescribed dollar value, such as a missed paycheck, the cost of transportation used to reach therapy appointments, or the cost of installing a wheelchair ramp in front of your home.
Non-economic damages typically lack a straightforward monetary value but are nevertheless recognized in a personal injury claim. Typical non-economic damages in a Fargo rear-end auto accident lawsuit might include pain and suffering, emotional distress, or loss of consortium. If you have been injured or lost a loved one in a Fargo rear-end car accident, a skilled personal injury attorney can provide valuable legal insight and strategic advice when it comes to negotiating a settlement with the insurance company. Sand Law is here to help.
Unfortunately, seeking treatment for your injuries is often just the beginning of a long road to recovery after a Fargo car accident. The rear-end car accident attorneys of Sand Law can be your greatest asset during this time. You have the right to seek damages when a negligent driver’s actions result in you being harmed physically, emotionally, or financially.
Sand Law has earned a reputation for success based on our ability to recover maximum compensation for our injured clients. We will negotiate for a fair settlement that covers your medical bills, lost wages, emotional distress, and other expenses incurred as a result of another driver’s negligence. If we can’t come to a fair compromise with the insurance company in negotiations, our team of seasoned trial attorneys will not hesitate to take your auto accident claim to court.
The auto accident attorneys of Sand Law will be by your side through every step of the personal injury claims process, from the free initial consultation to the day you receive your settlement. You can reach us by phone at 701-609-1510 or online. We will work tirelessly to provide high-quality legal service that exceeds your expectations for your Fargo rear-end car accident lawsuit.
Intersections are a common site for serious North Dakota car accidents. After a Fargo intersection car accident, many injured drivers and their passengers are left to deal with the fallout from serious injuries. The best way to protect your right to pursue compensation for costs like medical bills, lost wages, and emotional distress is to speak with an experienced North Dakota intersection car accident attorney as soon as possible.
If you have been injured or lost a loved one due to the negligence of another Fargo driver, contact the Fargo intersection car accident lawyers of Sand Law. Call us at 701-609-1510 or contact us online. We have represented injured clients in a variety of intersection auto accidents, so we are equipped to champion your case until we recover maximum compensation. Our team offers free consultations so that we can provide a personalized perspective to our injured Fargo clients.
According to Valley News, the most dangerous intersection in North Dakota is Fargo’s 13th Ave S and 45th Street. They report that this intersection was the site of 76 car accidents between 2018 and 2020. The investigation of North Dakota Department of Transportation data also showed that Fargo had the most high-crash intersection locations out of any other city in North Dakota. Fargo intersections see a variety of car accident types. Intersection car accidents can be classified by several metrics, from the cause of the auto accident to the presence of injuries to how the vehicles collided.
In a T-bone car accident, the full force of a vehicle is applied directly to a concentrated area of another vehicle. This can cause more severe damage and injuries. For example, let’s say a speeding driver runs a red light at 45th Street and 13th Ave S instead of slamming on the brakes. A car with the right of way has already entered the intersection because they have the green light. The speeding driver slams into the driver’s side of the other car. The driver who had the green light suffered extensive head trauma and multiple broken bones as a result. This is just one illustration of how damaging a T-bone intersection auto accident can be.
This type of auto accident occurs when two vehicles crash, with the side of one car colliding with another. The force of this impact may result in property damage to both vehicles, and in some cases, significant injury to car occupants. Sideswipe car accidents usually happen when one car is changing lanes. The driver may fail to accurately judge the speed of the car next to them, grow impatient and cut the other driver off, or forget to check their blind spots.
Unsurprisingly, intersections present a prime opportunity for rear-end auto accidents. Drivers may be slowing down to make a turn, coming to a stop for a light, or pausing to allow pedestrians or bicyclists to use the crosswalk. Most rear-end auto accidents are caused by negligent drivers who are distracted at the time of the auto accident. In many cases, the driver in front is unprepared for the impact, further exacerbating their injuries.
A multi-car collision, more colloquially known as a pile-up, is used to refer to an auto accident involving more than two cars. This can occur in a variety of ways, but it often begins when one vehicle tries unsuccessfully to swerve out of the way of a collision in their path. Multi-car crashes can be deadly, as the chaos of the accident scene can trap car occupants and delay medical care. Even in less catastrophic multi-car accidents, sorting out liability can become an issue.
The U.S. Department of Transportation estimates that over 50% of fatal or injury-causing car accidents occur at or near intersections. This statistic underscores the importance of following traffic laws and minimizing distractions while driving on Fargo roads. However, despite the risks of negligent driving behavior, reckless or impaired drivers continue to be the leading cause of intersection auto accidents.
Distracted driving is one of the most common causes of intersection auto accidents. Distracted driving involves a manual, cognitive, or visual distraction, or a combination of distractions. It can also be one of the most dangerous driving behaviors. For example, a driver who was busy texting instead of paying attention to the car in front of them may run a red light, leading them to be T-boned by an on-coming car with the right of way.
Impatient driving behavior can look like a driver who fuses to yield the right of way, cuts other drivers off, or generally behaves in a reckless manner that jeopardizes the safety of other road users. Perhaps the most common form of impatient driving behavior is speeding, which plays a role in over a quarter of all fatal car accidents in the U.S. Impatient drivers also have a tendency to become aggressive drivers, which can spill over into road rage. These negligent behaviors can be particularly dangerous at intersections where pedestrians and other vulnerable road users tend to cross the road.
Drunk driving compromises the safety of all road users. Each year in North Dakota, alcohol plays a role in about 42% of fatal car accidents. Alcohol reduces a driver’s cognitive ability to make smart driving choices, impairs their vision, and diminishes their physical coordination. In an intersection, drunk drivers have more decisions to make: Do I speed up or slow down at this yellow light to make it through? Is that motorcycle going to turn out in front of me? What’s the speed limit? With more choices to make, there are more opportunities for impaired drivers to make the wrong one which results in a Fargo intersection car accident.
Fargo drivers are responsible for keeping their vehicles operational and free from hazards that could endanger other road users. This includes ensuring that the steering and brakes are in working order, the lights are functional, and the tires have the proper pressure and enough tread to grip the road. Drivers who fail to properly maintain their vehicles can potentially be held liable for negligence if their unmaintained car is responsible for the auto accident. However, if a defective car part is found to be the source of the intersection auto accident, that can leave the maker of the car part open to a car accident lawsuit.
Establishing liability in an intersection auto accident is your personal injury lawyer’s responsibility. In order to show that you deserve compensation for your injuries and losses, your Fargo car accident attorney will need to show that the driver who hit you breached their duty of care to you, or the obligation to act cautiously and with reason towards another party.
If your personal injury lawyer is successful in demonstrating that the driver’s failure to fulfill this obligation caused the accident, which in turn caused your injuries and damages, you may be eligible to recover compensation for these losses. Once liability is established, your intersection car accident lawyer will then begin the work of negotiating how much your damages should be worth in a settlement with the negligent driver’s insurance company.
On your end, you can provide your car accident attorney with any evidence you collected from the accident scene. This includes the contact information of eyewitnesses, any pictures or video you have of the damage to your vehicle and the layout of the scene itself, and your medical records.
Although more than 75% of North Dakota car accidents happen on rural roads, that does not mean that Fargo drivers are off the hook when it comes to intersection car accidents. As previously mentioned, Fargo is home to some of the most dangerous intersections in the state. All it takes is one moment of distraction or one tailgating driver to cause a serious car accident.
When approaching a Fargo intersection, double-check your mirrors and physically turn your head if necessary to ensure that your path is clear of pedestrians, motorcyclists, bicyclists, and other vulnerable road users. Fargo drivers should observe the speed limit, respect traffic signals, and exercise good judgment when navigating. Additionally, it is always advisable to take extra care under windy, rainy, or snowy conditions.
If the worst does happen, seek medical attention as soon as you can safely do so. This protects your health and any future personal injury claim you may make, as it shows that you attempted to mitigate your damages by seeking treatment for your injuries. It is also helpful for your car accident attorney to have an official medical record of your injuries when they are calculating damages.
As Fargo car accident lawyers, we have seen our fair share of serious intersection car accidents. One of the biggest mistakes you can make after being injured in a Fargo intersection auto accident is to try and handle your personal injury claim without the help of an experienced and trustworthy car accident lawyer.
Insurance claims adjusters and negotiators are less likely to take your claim seriously and more likely to offer you a lower settlement than a car accident attorney could have negotiated for you. At Sand Law, we won’t push you to agree to a settlement that is worth less than the real value of your damages just so we can say we settled another claim.
Our team will work tirelessly to get you the compensation you are entitled to, even if we need to take your Fargo intersection lawsuit to trial to accomplish this. If you were injured in a Fargo intersection car accident, we encourage you to give us a call at 701-609-1510 or contact us online to set up a free case evaluation.
Car accidents are often caused by human error, otherwise known as negligence. When someone makes a mistake not intending to cause harm, this is called negligence. Texting while driving, speeding, road rage, and many other common causes of car accidents is negligence.
In 2019, the most common causes of car accidents were speeding, aggressive driving, and driving under the influence. To prove that someone has acted with negligence and is therefore at fault for your accident and injuries, you’ll need evidence that showcases the following:
After you have been involved in a car accident, especially one in which you were injured or think you may have injuries, it is extremely important to take certain steps to protect yourself and your family in the future.
Make no mistake about it, your insurance company, and the other driver’s insurance company, are definitely not on your side. They are on the side of profits and will do anything they can to delegitimize your claim. In order to protect yourself, one of the first things you can do is begin to document the evidence of your Williston car accident.
Be sure to create a folder where you can keep each and every record that pertains to your accident injury case. For example, keep copies of medical records, police reports, documents from your insurance companies, correspondence with anyone regarding your claim, and a log of time spent on the phone, time at doctor’s offices, and so on.
Car accidents are extremely stressful and expensive events. They are always unexpected and almost always threaten to ruin, or serious disrupt, someone financially, emotionally, or physically. Getting compensation for your car accident damages is the best way to ensure that you and your family are not suffering years later because of the accident.
Sand Law will work with you, your insurance company, the insurance adjusters, and any other liable parties to help you recover for your damages. Williston car accidents often leave victims with all kind
s of bills and damages, for example:
After you’re injured in a car accident, you may be concerned about how much debt you’ve accumulated. From medical bills, to lost wages, pain and suffering, and more, the money can really add up. A talented attorney with experience working on car accident cases can ensure that you get the high settlement or trial win that you’re looking for. We know that compensation won’t solve all of your problems, but we hope that it can help take the weight off of your shoulders while you focus on relaxing and recovering from the accident.
Medical expenses include ambulance rides, doctor’s visits, physical therapy, hospital visits, surgery costs, costs associated with labs, x-rays, and more. Any medical expense that you incur because of the injuries you sustained in the accident may be recoverable. Severe injuries, such as traumatic brain injury and spinal cord injury will have many costs associated with them and more expenses compared to a more mild injury.
You can receive compensation for any money that you lose while out of work because of your injuries. More severe injuries may keep you out of work for months. And those lost wages can add up quickly. You can also recover damages for loss of earning capacity. If your injury prevents you from being able to do your job, you can receive compensation for that.
Pain and suffering is a non-economic damage that is given out based on how much one’s life was affected by their injuries. Basically, the amount is decided based on one’s quality of life before and after the accident. For example, an avid runner with injuries that caused a permanent disability would receive more in pain and suffering than someone who lived a sedentary lifestyle and has injuries that they’ll recover from.
Pain and suffering damages also look at things like loss of consortium. If you lost a partner because of the accident (occasionally, the stress of the accident, bills, and more can cause a partnership to split), you can receive further compensation.
While rare, punitive damages can be awarded based on how negligent the at-fault party was in causing your accident. Punitive damages are used as a way to further punish the at-fault party by awarding you a greater sum. Punitive damages may be awarded in drunk driving cases where the at-fault party’s blood alcohol content level was very high or in accidents where the at-fault driver had road rage or intentionally caused the accident.
In car accident cases, the property damage is most often the damage to your vehicle. Your own personal insurance will often cover the total amount of damages or even cover the complete loss of the vehicle. But in the case that they can’t, you can recover damages for the damage to, or the loss of, your vehicle.
There are many different types of injuries associated with car accidents. Additionally, someone can suffer more than one type of injury at the same time. More severe injuries, such as traumatic brain injury and spinal cord injury, can be more costly and life-changing. Whereas smaller injuries often don’t require as much treatment and can be easier to recover from.
TBI (or traumatic brain injury) is caused by an object striking or penetrating the head with great force. Traumatic brain injuries can cause severe brain damage, coma, vegetative state, and death. TBIs can also be minor, such as a concussion.
A more severe type of brain injury is called a coup/contrecoup injury. These occur when the brain moves around inside the skull, causing damage at the site of the blow (coup) and the opposite side of the skull (contrecoup). Damage on the opposite side of the skull occurs when the brain moves forcefully, slamming against the skull.
Brain injuries often require long-term treatment and can be very expensive. Other injuries may be present alongside a brain injury, such as burns or broken bones.
Neck and back injuries include herniated discs, whiplash, lumbar sprains, spinal stenosis, and joint injuries. Back injuries often require physical therapy or surgery. Depending on how the speed of the cars involved in the accident, back injuries can range from mild to severe. If you have a history of back problems prior to the accident, your injuries may be more severe.
Spinal cord injuries are serious since they can cause paralysis. The higher up the damage is on the spinal column, the more serious the injury will be. Paralysis may be complete or incomplete. Complete paralysis refers to function that has been completely lost below the site of the injury. By contrast, incomplete paralysis refers to only a partial loss of function that has occurred.
Spinal cord injuries can be expensive as there’s no cure for spinal cord damage. Treatment options include surgeries, physical therapy, and injections. Treatment may be lifelong.
Car accidents often result in broken bones, which generally aren’t too serious. A clean break will be set in a cast to heal. However, a more severe break may require surgery before setting it into a cast to heal. If you’ve endured multiple different breaks, you may require physical therapy.
Burns from car fires can cause serious damage to the skin. To repair burned skin, a skin graft may be used. However, you may be left with disfigurement or scarring because of the burn. More severe burns are at risk for infection, and deep burns can cause nerve damage.
Soft tissue is the connective tissue between your bones and muscles, including skin, connective tissue, fat, ligaments, and tendons. Common soft tissue injuries include whiplash, soft tissue sprains or strains, contusions, and lacerations. Minor soft tissue injuries require rest, ice, compression, and elevation to help the pain subside. More severe injuries may require immobilization, physical therapy, or surgery.
In crush accidents, it’s possible to have a limb amputated. Limbs can be amputated at the scene of the accident or later on at the hospital if the limb cannot be saved.
Internal injuries include damage to the organs and internal bleeding. These injuries can be dangerous, as many don’t realize they have them until it’s too late. Internal injuries most often require surgery to repair the organs or stop the bleeding.
Ensuring that you have a good attorney-client relationship can go a long way in making you feel comfortable during what can be an arduous process. The attorneys at Sand Law PLLC promise to treat you and your family with the utmost respect while ensuring that we are zealous and relentless when dealing with those who were negligent in causing your injuries.
Other law firms treat clients like another number in the books; we treat our clients like an important and integral part of our lives–because you are. Without our clients, we couldn’t do what we do, and because of that, we are grateful and go out of our way to show it.
Sand Law’s attorneys are more than just your average personal injury attorneys. We are made up of trial lawyers that have real courtroom experience and a proven track record of getting our clients fair and just compensation for their injuries and damages.
Do not wait to reach out to an attorney. The longer the wait, the more evidence will be lost, and the greater your chances are of the insurance companies using the delay against you.
If you or a loved one were injured in a North Dakota car accident, or you believe that a car accident caused the wrongful death of your loved one, contact Sand Law PLLC today for a free consultation. We can be reached by clicking on the chat box on this page, by filling out our online contact form, or by calling us at (701) 609-1510. We look forward to hearing from you.
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