Roundabouts or rotaries are not that common in the U.S., as intersections controlled by traffic lights tend to be preferred. There are rules for using roundabouts, but some drivers sometimes seem to forget what they are or take advantage of the lack of traffic signals.
This can mean serious accidents can take place, typically when a vehicle enters a roundabout at speed despite traffic already approaching on the roundabout from the left. Some drivers may think that they can outrun the approaching stream of vehicles, or simply don’t understand the rule that you must yield to the traffic already in motion on the roundabout.
If you have been hit by another vehicle while using a roundabout, you have good grounds to seek damages from the driver who hit you, if you can prove that the driver was to blame for the accident. You may need a personal injury lawyer to help you gain the compensation you need to pay for the inevitable financial consequences of a roundabout accident.
What Types of Damages Can I Collect?
After a car accident, there may be physical damage to the vehicles involved, physical injuries and negative psychological or emotional effects. For the person who is the victim of such a car accident, there is the possibility of demanding financial compensation in proportion to these ‘damages.’ Generally, in car accident compensation cases, there are two main components that are identified: economic damages and non-economic damages.
Economic damages are the easiest components to identify and quantify. They include compensation for any or all of the following:
- the cost of repairing or replacing a damaged auto;
- the cost of repairing or replacing any other property damaged in the accident;
- the cost of all medical treatment directly related to injuries caused by the accident, including estimated future costs;
- loss of earnings including estimated future loss of earnings;
- out of pocket expenses such as lawyer’s fees, alternative transport costs while a damaged car is being repaired, domestic help if unable to do chores oneself because of an injury.
Non-economic damages are more difficult to quantify and may be calculated by using a multiplier calculation, e.g. 2 or 3 times the total economic damages, depending on the severity of the accident. The main components of non-economic damages are:
- an amount in compensation for the pain and suffering experienced;
- punitive damages if the action by the at-fault driver was particularly negligent.
Gather Information and Evidence About the Roundabout Accident
To stand a chance of obtaining compensation, you will need evidence that the driver who hit you was to blame. Because of the design of most roundabouts, it is likely you will have plenty of other drivers who will have seen the accident happen. These eye witnesses will be your best evidence for confirmation of who was at fault.
If you can, make sure you get their contact details. If someone was injured, a police officer will be present and will compile a police report. Get a copy of this when it is completed. Photos of the accident scene are useful. There may be a traffic surveillance camera positioned nearby if you are lucky and video footage could confirm the movements of the vehicles at the time of the accident.
Contact a PI Lawyer
It is quite common for insurers to challenge a compensation claim, especially if they think that there may be an element of shared blame. Basically, insurers are reluctant to make payments at all if they can possibly avoid doing so. Rather than continue to confront an obstructive insurer it can be better to hire a personal injury lawyer to negotiate a satisfactory settlement on your behalf.
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