--- description: In a car accident case a lawyer will need three things to file a claim: injury, liability and insurance coverage, or other means of recovery. title: What a Lawyer Looks for in a Car Accident Case - Chaikin, Sherman, Cammarata & Siegel, P.C. canonical: https://www.chaikinandsherman.com/car-accidents/what-a-lawyer-looks-for-in-a-case/ date_modified: 2024-09-04T15:45:51+00:00 practice_area: car-accident --- - What a Lawyer Looks for in a Car Accident Case - Chaikin, Sherman, Cammarata & Siegel, P.C. # What a Lawyer Looks for in a Car Accident Case Last Updated: September 4, 2024 - Reading Time: 5 minutes Trusted Content ![090424_CSCS_APE30](https://www.chaikinandsherman.com/wp-content/uploads/elementor/thumbs/090424_CSCS_APE30-r7ld7n5zxjd9ezimssquc85jvnm28x0iit481i4iwo.jpg) Legally Reviewed by Allan Siegel Updated 2 years ago [Home](https://www.chaikinandsherman.com/) » [Washington DC Car Accident Lawyer](https://www.chaikinandsherman.com/car-accidents/) » What a Lawyer Looks for in a Car Accident Case [![Best Law Firms - Regional Tier 1 Badge](https://www.bestlawyers.com/Badges/Metro/35728/17508/15/washington-d-c/O/Detail.png)](https://www.bestlawfirms.com/firms/chaikin-sherman-cammarata-siegel/35728/US) What's On This Page [Case Results](https://www.chaikinandsherman.com/case-results/) $18.8 Million - Car Crash $2 Million - Car Crash $1.9 Million - Car Crash $1.37 Million - Car Crash $1.1 Million - Car Crash $1 Million - Car Crash [View All Practice Areas](https://chaikinandsherman.com/practice-areas/) [Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) [They were adamant about getting me the best settlement. 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"*" indicates required fields Name* First Last Name* Last Email** Phone*Are you a new client?*Are you a new client? *Yes, I'm a potential new client.No, I'm a current existing client.I'm neitherCase TypeCase TypeMotor Vehicle AccidentSlip & FallAssaultMedical MalpracticeAbuseWork InjuryOtherWere You at Fault?Were You At Fault?NoYesUnknownWhere Did The Incident Occur?Where Did The Incident Occur?Washington, D.C.VirginiaMarylandOtherDid The Accident Occur In the Last Two Years?Did The Accident Occur In the Last Two Years?YesNoShare Brief Description of the Incident* Send Watch our attorneys explain how they fight for car accident victims across DC, Maryland, and Virginia. With over $1 billion recovered, our team knows how to build a winning case — from investigation through trial. Video Transcript **Speakers:** Ira Sherman, Joseph Cammarata, Stephen Ollar, Allan Siegel **Ira Sherman (00:02):** I would say that Chaikin, Sherman, Cammarata and Siegel has a completely different outlook on cases that other people think are garden variety automobile accidents, because to the person who is involved in that accident, that’s not garden variety, that’s altering their life. **Joseph Cammarata (00:21):** First of all, we don’t advertise. People come to us by word of mouth, either from defense lawyers, from insurance companies, from colleagues at the bar. They know that we have decades of experience in the personal injury field. They know that what we bring to bear is a group of lawyers that work and non-lawyers that work as a team to make sure we understand what the nature and the extent of the injury is. We make sure we understand and can express to a third party just what those injuries are, and we work to obtain the most compensation that we can for an individual. **Stephen Ollar (01:04):** What we do a lot of is discovery, not just discovery of the facts of the case, but discovery about insurance. It may be that the individual was operating the vehicle for an employer, and if they were acting with what we call the course and scope of their employment, then there could be potentially additional coverage that would cover a person for those injuries. **Allan Siegel (01:27):** We’ve been handling car accident cases since Don Chaikin founded this firm over 50 years ago. Since we spend a lot of time and we have a lot of those cases, we have developed a level of experience and knowledge that I think is very unique in our field. There aren’t many law firms who can say that they’ve been doing this type of work for over 50 years. **Ira Sherman (01:52):** I care enough to look to determine who this person is and how it affected them, and that takes up a lot of my conversation with our clients. ![What a Lawyer Looks for in a Car Accident Case](https://lh5.googleusercontent.com/Nygqy2KJ9pOJ03OmMqkSW5oPpBOnXrgeWktQiH2pwOwrQOZQCX-cm2PM2fdlAl0J8RV9U9CkITy5QwryqRmLCn8hRlQfwQDZ_wkOstA_4vYeoYC7dRQL6m6kOaUOWJC-9_Rvw4-hQslB1DD5) **From a very broad perspective, if you are looking to hire a personal injury lawyer in an **[auto accident](https://www.chaikinandsherman.com/car-accidents/)** case, the lawyer will need three things: an injury, liability and insurance coverage, or some other means of recovery. **If you have questions about a car accident you were involved in, contact a [personal injury attorney](https://www.chaikinandsherman.com/) at Chaikin, Sherman, Cammarata & Siegel, P.C. for a free consultation. ## Liability Liability means that someone else must be at fault for your injuries. The defendant driver must have violated some driving rules to establish liability in a car accident claim. Some examples of violations include: - [Breaking the speed limit](https://www.chaikinandsherman.com/car-accidents/excessive-speed/) - [Driving unsafely for the weather conditions](https://www.chaikinandsherman.com/blog/2020/01/how-bad-weather-increases-the-chances-of-a-car-accident/) (e.g., not speeding but still driving too fast in snowy or rainy conditions) - Following a vehicle too closely - Failure to yield to oncoming traffic when making a left turn - Failure to obey traffic signals or signs (e.g., running a stop sign or red light) - Not seeing cars around the driver’s vehicle and changing lanes - Not turning on headlights in dark lighting conditions - [Driving while intoxicated](https://www.chaikinandsherman.com/car-accidents/drunk-driving-accidents/) - Driving the[wrong way](https://www.chaikinandsherman.com/car-accidents/wrong-way-accident/) - Failure to pay attention to the roadway (e.g.,[texting while driving](https://www.chaikinandsherman.com/car-accidents/distracted-driving/texting/)) In most car accidents, one or more of these violations are present. If the other driver did not act unreasonably, proving that they are liable for your injuries might be difficult. ### Evidence You May Need to Help Prove Liability To win a car accident case, you will need evidence to support your claim that the other driver was at fault. An experienced auto accident lawyer will [help you obtain evidence](https://www.chaikinandsherman.com/what-does-a-personal-injury-lawyer-do/) to prove that the negligent driver violated one or more of these driving rules. This evidence can come in many forms, but some of the most common types of evidence in car accident cases include: - Photos of the accident scene - Contact information and names of witnesses - [Police reports](https://www.chaikinandsherman.com/car-accidents/why-you-should-always-file-a-police-report-for-a-car-accident/) - The driver’s insurance information - Medical records and bills - Your testimony about what happened This is not an exhaustive list, but it gives you an idea of the type of evidence that will help prove your case. In most cases, accident victims have a [limited time to take legal action](https://www.chaikinandsherman.com/washington-dc-statute-of-limitations-for-personal-injury/), so it’s important to contact a car accident attorney immediately after the accident. ### Do I Still Have a Case If I’m Partly at Fault? In some states, you can still recover damages even if you’re partly at fault for the accident. This is called comparative negligence or contributory negligence. [Comparative negligence](https://www.chaikinandsherman.com/blog/2008/03/what-is-the-difference-between-comparative-negligence-and-the-law-in-the-district-of-columbia-maryland-virginia/) laws vary by state, but they typically work like this: - You can only recover damages if your percentage of fault is less than the other driver’s - Your percentage of fault reduces your damages For example, let’s say you were involved in an accident and the other driver was found to be 80% at fault. You would be able to recover damages, but your award would be reduced by 20% because that is your percentage of fault. #### Pure Contributory Negligence Unfortunately, Virginia, Maryland, and the District of Columbia have pure [contributory negligence](https://www.chaikinandsherman.com/what-is-contributory-negligence/) laws. Under pure contributory negligence, you would be barred from recovering any compensation if you were even one percent at fault. Contact our office for a free consultation if you have questions about comparative negligence laws and how they apply to your case. Our car accident attorneys will help you understand your legal rights and options. ## Insurance Coverage If the at-fault driver has broken a driving rule and caused an accident that injured another driver or passenger, the next step is determining whether insurance coverage exists. There are a variety of potential coverage sources. The most common coverage source is the at-fault driver’s own insurance. Unfortunately, many drivers in Washington, D.C., Maryland and Virginia drive without insurance coverage. If a driver hits you [without insurance](https://www.chaikinandsherman.com/car-accidents/car-accident-without-insurance/), you may be able to make an [uninsured motorist claim](https://www.chaikinandsherman.com/car-accidents/uninsured-underinsured-motorists/) against your own insurance company. ### Other Coverage Sources In addition to the at-fault driver’s insurance, other potential coverage sources include an employer’s insurance policy if you were struck by a company truck, an owner’s insurance policy if you were hit by someone who had permission to use a car, or third parties in certain situations that caused or contributed to the accident (e.g., a property owner who negligently allowed trees to grow over traffic signs, state or local governments that negligently designed a roadway). In Maryland, if you were hit by an underage drunk driver who procured alcohol at a party and was knowingly served by an adult at that party, you can also hold that adult liable. In Washington, D.C. you may be able to recover [against a restaurant or bar](https://www.chaikinandsherman.com/blog/2017/05/dram-shop-laws-holding-bars-responsible/) who served a visibly intoxicated customer. In cases where your injuries were caused by a [defective product](https://www.chaikinandsherman.com/car-accidents/vehicle-defects/), you may also be able to hold a product manufacturer responsible for your injuries. These are just some examples of where you might find insurance coverage. You should talk to an experienced personal injury lawyer, who will do a thorough investigation to find any possible insurance coverage or other financial resources. ## Your Injuries Finally, your car accident lawyer will examine the injuries. If there was an unusual delay in seeking medical treatment after the accident (more than 1-2 weeks, for example), the lawyer might need to take a closer look at the medical records before accepting the case. If you went to the emergency room and did not seek additional medical care for several weeks, the auto accident attorney may need an explanation for the delay in treatment. In general, seeking medical care and obtaining continuous treatment where necessary makes for a stronger case. But, as always, there are plenty of exceptions and good reasons why medical care was not immediately obtained (no insurance, the [pain did not arise](https://www.chaikinandsherman.com/car-accidents/delayed-pain-after-car-accident/) until several days after the accident, etc.) ## Contact the Auto Accident Attorneys with Chaikin, Sherman, Cammarata & Siegel, P.C. Of course, these are broad, generalized factors that play into the viability of a [personal injury claim](https://www.chaikinandsherman.com/filing-a-personal-injury-claim/). All claims and individuals are distinct, and there are many reasons why a particular individual or case may not fit these factors but still has an excellent case. If you have been in a car accident, we encourage you to call us for a free legal consultation so we can analyze your unique situation.** **We work to help our clients obtain fair settlement offers to compensate them for the injuries they’ve suffered, but our attorneys are extremely well-equipped to go to trial if needed. Our personal injury lawyers have helped clients recover more than $500 million in compensation, and we have more than 100 years of combined experience. All of our partners are recognized by Washington, D.C. Super Lawyers®, and our firm includes three past presidents of the Trial Lawyers Association of Metropolitan Washington, D.C. Call (202) 659-8600 or[contact us online](https://www.chaikinandsherman.com/contact-us/) to get the proven legal representation you deserve. [Watch Our Video Testimonials](https://www.chaikinandsherman.com/blog/testimonials-hub/) ![Main CSCS Video - Thumb 1](https://www.chaikinandsherman.com/wp-content/uploads/2024/11/1.png) Get free advice about the compensation you deserve. At Chaikin, Sherman, Cammarata & Siegel, P.C., our car accident attorneys fight tirelessly to secure the compensation you deserve, handling every aspect of your case to protect your rights. Trust us to stand by you and advocate aggressively on your behalf. [Free Case Evaluation](https://www.chaikinandsherman.com/contact-us/) Visit Us in Person 1232 17th St NW Washington, DC 20036 The car accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including [Virginia](https://www.chaikinandsherman.com/car-accidents/virginia/) ([Northern Virginia car accident cases](https://www.chaikinandsherman.com/car-accidents/northern-virginia/), [Arlington](https://www.chaikinandsherman.com/car-accidents/auto-accident-attorneys-in-arlington-va/), [Fairfax County auto accident claims](https://www.chaikinandsherman.com/car-accidents/fairfax/), [Woodbridge](https://www.chaikinandsherman.com/car-accidents/woodbridge-va/), [Manassas](https://www.chaikinandsherman.com/car-accidents/manassas-va/), and [Alexandria](https://www.chaikinandsherman.com/car-accidents/alexandria/)) and Maryland ([Bethesda](https://www.chaikinandsherman.com/car-accidents/bethesda/), [Hyattsville](https://www.chaikinandsherman.com/car-accidents/hyattsville/), [Rockville](https://www.chaikinandsherman.com/car-accidents/rockville/), [Lau Top 10 Mistakes Made After an Accident Review these common auto accident mistakes to protect your rights. READ OUR E-BOOK](https://www.chaikinandsherman.com/car-accidents/laurel/) Meet Our Team [Learn More About Us](https://www.chaikinandsherman.com/about-us/) Ira Sherman Partner Licensed in Washington, D.C., Maryland, and New York With over four decades of courtroom experience, **Ira Sherman** is a powerhouse trial lawyer who has won justice for countless victims of serious injury, discrimination, and medical malpractice. Known for his relentless advocacy, compassion, and proven results, he’s the attorney clients trust when everything is on the line. [Ira Sherman's Bio](https://chaikinandsherman.com/attorney-profiles/ira-sherman/) Joseph Cammarata Partner Licensed in Washington, D.C., Maryland, and Virginia A dual board-certified civil trial attorney, **Joseph Cammarata** is nationally recognized for his fierce advocacy, landmark legal victories, and relentless pursuit of justice for victims of serious injury, wrongful death, sexual assault, and civil rights violations. With wins against powerful opponents—including a historic U.S. Supreme Court case securing equal access to justice—he’s the attorney clients trust when they need skill, strength, and results that matter. [Joe Cammarata's Bio](https://chaikinandsherman.com/attorney-profiles/joseph-cammarata/) Allan M. Siegel​ Partner Licensed in Washington, D.C., Maryland, and Virginia **Allan M. Siegel** is a board-certified trial attorney and partner at Chaikin, Sherman, Cammarata & Siegel, P.C., known for securing justice in serious personal injury, brain injury, and wrongful death cases. Recognized as one of Washington’s *Top 100 Super Lawyers®* and a *Best Lawyer®* in America, he combines strategic precision, courtroom skill, and relentless advocacy to win full and fair compensation for his clients. [Allan Siegel's Bio](https://www.chaikinandsherman.com/attorney-profiles/allan-m-siegel) Stephen Ollar Partner Licensed in Washington, D.C., Maryland, and Virginia **Stephen Ollar** is an award-winning trial attorney and U.S. Army veteran dedicated to holding negligent individuals and corporations accountable. Recognized as a *Super Lawyers Rising Star* from 2020–2025, he’s known for his tenacity, precision, and unwavering pursuit of justice in personal injury, auto accident, and medical malpractice cases. [Stephen Ollar's Bio](https://www.chaikinandsherman.com/attorney-profiles/stephen-ollar/) ## Related Articles [Read More Blog Articles](/blog/) ### [Why Some Insurance Companies Take Longer to Settle After a Car Accident in Washington, DC](https://www.chaikinandsherman.com/car-accidents/why-some-car-insurance-companies-take-longer-to-settle/) ### [Washington, DC Tint Laws](https://www.chaikinandsherman.com/car-accidents/washington-dc-tint-laws/) ### [Why Insurance Companies Lowball Car Accident Settlements in Washington, DC](https://www.chaikinandsherman.com/car-accidents/lowball-car-accident-settlements/) ### [Economic VS Non-Economic Damages In Washington, DC Car Accident Cases](https://www.chaikinandsherman.com/car-accidents/economic-vs-non-economic-damages/) ### [How Speeding Affects Liability In a Washington, DC Car Accident Case](https://www.chaikinandsherman.com/car-accidents/excessive-speed/how-speeding-affects-liability/) ### [Car Accident Lawyer Arlington, VA](https://www.chaikinandsherman.com/car-accidents/arlington/) ### [Should You Talk To the Other Person’s Insurance Company?](https://www.chaikinandsherman.com/car-accidents/other-drivers-insurance/) ### [100 Deadliest Days of Summer](https://www.chaikinandsherman.com/car-accidents/100-deadliest-days/) ### [How To Deal With Insurance Adjusters](https://www.chaikinandsherman.com/car-accidents/what-to-do-after-a-car-accident/insurance-adjusters/) Brain Injury ### [Liability and Umbrella Insurance Protects You and Your Family](https://www.chaikinandsherman.com/blog/2021/12/liability-and-umbrella-insurance-protects-you-and-your-family/) As we enter a new year, it is the perfect opportunity to take stock of [Read More »](https://www.chaikinandsherman.com/blog/2021/12/liability-and-umbrella-insurance-protects-you-and-your-family/) 12/16/2021 Car Accidents ### [The Courts Have Reopened and the Doors are Wider Than Ever](https://www.chaikinandsherman.com/blog/2021/08/the-courts-have-reopened-and-the-doors-are-wider-than-ever/) For months, the coronavirus pandemic practically shut down the courts in the District of Columbia, [Read More »](https://www.chaikinandsherman.com/blog/2021/08/the-courts-have-reopened-and-the-doors-are-wider-than-ever/) 08/25/2021 Car Accidents ### [Law Firm Receives Super Lawyers Awards for 11th Consecutive Year](https://www.chaikinandsherman.com/blog/2021/08/law-firm-receives-super-lawyers-awards-for-11th-consecutive-year/) The 2021 Washington, DC Super Lawyers® annual list of “Top Lawyers” was recently featured in [Read More »](https://www.chaikinandsherman.com/blog/2021/08/law-firm-receives-super-lawyers-awards-for-11th-consecutive-year/) 08/25/2021 Bus Accidents ### [School Bus Safety](https://www.chaikinandsherman.com/blog/2021/08/school-bus-safety/) There are more than 471,000 school buses on the roads every day. 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