Common issues in every car accident lawsuit

  1. Who was at fault? This is an issue even in a rear ender case where one party runs into another’s car which is sitting at a stop light. Insurance companies will try every trick in the book to claim that some or the entire fault belongs to you.
  2. How well do you know the intersection or location of the accident? What’s the speed limit? Traffic light or stop sign? Lines of sight?
  3. What were the conditions like at the time of the accident? Wet? Gravel? Ice?
  4. Where were you going or coming from? (Were you in a hurry?)
  5. Were you on your phone? Texting? Where was your phone when accident happened?
  6. Who was in the car with you? (Not just to know who was injured, but who also might be a witness or might have been a distraction to your driving).
  7. How fast were you going? How can you prove it?
  8. Do you wear glasses? Did you have restrictions on your license?
  9. How many prior accidents have you had?       Or other litigation?
  10. Were you using medication at the time of the accident?
  11. At what distance or at what point in time did you see the other party’s car? This is one of the most critical questions; one a lawyer can spend 30 minutes clarifying.
  12. Did you speak with witnesses? Who? When? What are their names?
  13. Did you make a complaint of injury at the time of the accident? To whom?       Did you accept or refuse medical treatment?
  14. Did you speak with a police officer? Were you given a ticket? Did you fill out the accident form given to you by the police?
  15. Do you have pictures taken immediately after the accident? Do you have pictures of your car now?
  16. Did you have a seat belt on? Did you have bruising from the belt? Did your airbags deploy?
  17. How soon after the accident did you start having pain? When did you first seek medical attention? What was done? Tests?       Diagnosis? Future treatment?
  18. Have you ever had similar pain before the accident? If so, with who have you treated?
  19. How much time from work did you lose?       What are your lost wages?
  20. What other expenses have you incurred? Car repair? Mileage to treatment? Did you pay someone to assist you with chores?