STEPS TO FOLLOW IF INVOLVED IN A CAR ACCIDENT PART 2

In our last article we managed to point out a few guidelines on what to do after you are involved in a motor car accident. We stress that it is always advisable for you to seek prompt, proper and professional legal advice and also to secure reliable legal services when dealing with this and any other type of factual and legal dispute. It is always advisable to be aware fully of all your legal rights in any given circumstances.

Today based on some feedback received at : info@frankmorganattorneys.co.za we have decided to make a part 2 of this article , we will be discussing some FAQ’s on vehicle accidents.

1). Must I see a doctor after an accident to check me out for injuries?

As there is the possibility of an MVA(motor vehicle accident), personal injury or civil claim; it is always advisable, if you have suffered some injuries to see a doctor and get a medical certificate for those injuries. The shock and adrenaline flowing after an accident may mask injuries, bruising and swelling caused by an accident and if you have not sought medical assistance immediately after an accident; this failure to seek medical advice might well compromise the success of a personal injury claim.

2). How is fault determined in an accident incident?

To succeed in a personal injury claim we have to prove on a balance of probability that the driver responsible for the accident acted negligently or in an irresponsible manner. Examples of the sort of evidence which will assist in proving this as a fact are: police accident reports, witnesses’ statements and/or photographs/videos of both the cars involved and the scene of the collision.

3). When will the police investigate a car accident?

The police will criminally investigate an accident if someone has been killed or if someone is seriously injured in that collision. They will also investigate it, if it appears that a serious offence has been committed, a vehicle of the national or provincial government is involved and where a charge of written compliant is laid by a victim or driver alleging that an offence has been committed eg drunk driving or reckless and/or negligent driving. The evidence gathered by the police may well be very important in any personal injury claim but also in damages claims for damage caused to your vehicle.

4). What is and how do you claim for pain and suffering arising from a car accident?

Pain and suffering refers not only to the actual pain caused by physical injury in an accident; but also encompasses the stress and emotional trauma experienced as a result of the accident and you injuries. It includes physical, emotional, and psychological pain and suffering. These claim are often substantial claims; amounting to tens and often hundreds of thousands of Rands. These claims are personal injury civil claims where you sue the party responsible for all your damages including pain and suffering

5). What is and how do you claim for pain and suffering arising from a car accident?

Evidence to support a personal injury claim can take the form of oral evidence, police reports, medical reports, chemist and doctors’ bills, medical reports, prescription receipts, proof of lost earnings and wages, photographs and videos and eye witness statements and their oral evidence. There are many other examples.

We will continue in our next blog to answer further questions often asked by our clients/blog readers and related to motor vehicle accidents.

If you have been recently involved in a motor vehicle accident and need advice or legal services on the civil or criminal aspects of the collision, personal injury claims, MVA claims and/or civil damages claims then please contact our office or any of our attorneys at FM Attorneys, as soon as possible for obtaining proper, professional legal advice.