What do I need for my car accident case hearing?

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Question:

What do I need for my car accident case hearing?

Answer:

There is a reasonable chance that nearly every licensed driver in America will be involved in at least once motor vehicle accident at some point in their life. According to the National Highway Traffic Safety Administration (NHTSA), a recent report indicates that 91% of Americans now own cell phones. Unfortunately more people are using these devices while driving, leading to thousands of injuries and fatalities each year. Only a small percentage of states have banned hand-held cell phone usage for drivers, but this could change in the near future, as more data becomes available regarding the perils of distracted driving. Victims who wish to pursue legal action will need solid evidence for their car accident case hearing.

You Can Never Be Too Prepared

Individuals that want to file a case in small claims court will be limited by the amount they can recover according to state laws. People who live in Kentucky are only allowed to sue for $1,500 per claim while Georgia residents can get up to $15,000 in damages. Once you make the decision to start a civil action, the judge will be looking for solid evidence to determine who is at fault and what amount of compensation you may be entitled to receive. It is important to be prepared for your car accident case hearing. Only bring evidence that will prove the other party was at fault. This could include the following:

  • Signed and notarized affidavits from anyone who witnessed the accident, including any passengers in your vehicle at the time
  • A copy of the police report if they were called to the scene
  • Photographs showing the amount of damage to your vehicle
  • Document what the weather conditions were at the time and if the other driver was going to fast on wet or icy pavement
  • Bring video from any traffic cameras that may have been in use when the accident occurred
  • Offer proof of your good driving record

People that are nervous about appearing in court may want to visit small claims court beforehand to observe others going through the process. This will help them to know what to expect and acquaint them with the rules.

When Small Claims Court Won’t Cut It

If you are seeking damages that exceed the limit allowed in small claims court, you will need to file a civil suit in state court. This requires the expertise of a personal injury attorney that is familiar with car accident litigation. Contact an attorney in your area so they can examine the strength of your case and let you know what type of damages you can sue for.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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