If you’re in a car accident, about the on your mind is litigation and insurance claims. Nonetheless, there is a statute of limitations on car accident claims that is set at four years (WY Stat § 1-3-105) and insurance claims should be made as soon as possible.
The attorneys at the Olson Law Firm, LLC understand how stressful being in an accident can be. Not only are you facing an uncertain future medically, but there could be medical bills piling up, lost wages from missed work, and a considerable period of rehabilitation.
Our job is to take some of the stress off of you and ensure that you get the compensation that you’re entitled to under the law. If you have injuries resulting from a car accident, involving an attorney early in the process is the best course of action. Give us a call or contact us online to set up a free consultation today.
Understanding Wyoming Car Accident Laws
Wyoming is a tort state when it comes to car insurance. That means claims are filed against the other individual’s insurance policy and a determination is made as to who is at fault for the accident. The question of fault revolves around the question of negligence.
Negligence, in this sense, can mean carelessness, recklessness, or the violation of any of the rules of traffic. When these actions result in injuries to another person, that individual is liable under the law.
Making an Insurance Claim in Wyoming
When you’re in a car accident, you can either file a claim with your own insurance company or with the other driver’s insurance company.
If you file a claim with your own insurance company, your insurer will attempt to contact the other driver’s insurer. Based on the physical details concerning the collision, the police report, and any other data that can be gleaned, a determination will be made as to who is at fault. Sometimes this is straightforward and other times it is not.
The insurance company representing the other driver has a fiduciary responsibility to act in the best interests of their client. In this case, the insurance company’s own interests are aligned with those of their policyholder. That is to say, they both want to see you paid as little money as humanly possible.
The most common tactic they employ to do this is to exploit ambiguities in the reports and physical data against you in order to blame you for the accident. Other tactics include claiming your injuries such as whiplash, broken bones, traumatic brain injuries, are not as severe as you claim or that they were present before the accident happened.
In order to deal with this, you will need the aid of an experienced Wyoming personal injury attorney.
Comparative Negligence and Wyoming Law
In some cases, there are two drivers who each did something wrong and thus are both partly responsible for an accident.
For instance, imagine that one individual is attempting to change lanes but does so abruptly and without the use of their blinker. Another driver, who is speeding in the other lane, fails to react in time causing a sideswipe accident. Since both individuals are partly to blame for the accident, each of them can be assigned some of the blame.
In Wyoming, this is called comparative negligence or comparative fault. Either party may initiate a lawsuit but only if that party is no more than 50% responsible for the accident.
In cases where both parties share some of the blame but one party is more responsible for the accident than the other, they will see their potential damages reduced in the amount of their own negligence. For instance, if one party sustained $100,000 worth of damages but is 30% responsible for the accident, then they can only collect 70% of $100,000 or $70,000.
Distracted Driving and Traffic Accidents
Today, distracted driving has become one of the most common reasons for major traffic accidents. With cell phones, infotainment systems, and other modern technology, more and more individuals are causing accidents by splitting their attention between their tech toys and the road. In addition to the modern causes of distracted driving, traditional forms such as driving while intoxicated or falling asleep at the wheel remain a serious problem.
After distracted driving, speeding, and failure to yield are also major causes of serious car accidents. In these cases, negligence can usually be clearly established if the other driver was driving safely and abiding by the rules of the road.
Talk to a Wyoming Car Accident Lawyer
Olson Law Firm, LLC represents injured parties in traffic accident claims. We ensure that our clients get fair compensation for their injuries. If you’ve been injured by someone else’s negligence, they are responsible for covering your damages. Give us a call or talk to us online to set up an appointment today. We can help with car accidents, motorcycle accidents, truck accidents, wrongful death cases, nursing home abuse, premises liability, and much more!
Wyoming Car Accident Attorney
A Word from Sean on Car Accident Case Value
How much your car accident is worth is dependent upon a number of things. First, were you injured and how serious were your injuries. What kind of medical attention did you have to receive as a result of those injuries? Second, was there another party at fault for causing your car accident causing your injuries? Third, if there is someone who’s responsible for causing your car accident, causing your injuries do they have insurance? Or do they have assets enough to pay for the medical care and the injuries that you’ve suffered?
If you’ve been in a car accident, it’s important to contact an experienced car accident attorney who knows how to determine what your car accident is, in fact, worth because you may be entitled to compensation for the injuries you’ve suffered. At the Olson Law Firm, LLC, we’re experienced in dealing with car accidents and dealing with the insurance companies that you likely have to talk to in order to receive that compensation. We’re always happy to take some time to talk to you about your case and to see if we can help.
It is a devastating reality, but as we become more distracted and in a hurry to reach our destination faster, we become more negligent to others on the roads. This negligence can result in serious injuries and even worse fatalities. According to the latest Colorado statistics, 2021 reached one of the highest fatal car accident death in almost 20 years. And from evidence gathered so far for 2022, it appears that this will be another devastating year.
A Note From Sean Olson:
What to do If Your Loved One Suffered a Fatal Car Accident Injury
Learning that your loved one suffered a fatal injury due to someone else’s negligence is one of the worst experiences to grieve. On top of that, it is even worse when you have to relive the moment afterward for insurance companies and other parties during a wrongful death claim.
In Colorado, the Statute of Limitations to file for a wrongful death claim is two years. Although it is not the first thing you may think of, seeking legal representation quickly after the accident results in the best circumstances. This is because it will give our lawyers more time to build a case for your loved one. Unsure if the fatal accident was a wrongful death? If your loved one suffered fatal injuries, it most likely resulted from another driver’s negligence.
Common Causes of Fatal Car Accident Injuries:
- Distracted driving: texting, talking on a cellphone, changing music/podcast, eating or drinking
- Aggressive driving
- Driving under the influence
- Fatigued driving
Do not let someone’s else poor decision result in your loved one and you receiving the honor and compensation that will be needed for the years to come.
Don’t Fight This Alone, Call Our Experienced Lawyers Today!
Here at Olson Law Firm, LLC, not only will we fight for your loved one but honor their memory. Let us handle all the legal matters so you can be with loved ones, where you belong. Our goal here is to support you during this hard time and create a case to help you receive maximum compensation. Contact us today for a free consultation with no obligations.