In the case of a traffic accident, the other party takes full responsibility for the accident. At this time, there is no need to hire a lawyer. It depends on the evidence and my familiarity with the law. If conditions permit, it is best to entrust a lawyer.
1. What are the precautions for hiring a traffic accident lawyer?
(1) Proficient in the laws and regulations on personal injury in traffic accidents, accurately analyze the legal relations existing in traffic accidents, understand the compensation standards, and do not miss any compensation items stipulated by law.
(2) Look at experience. There are many agents in traffic accident cases with rich practical experience. When acting as an agent, you will be familiar with the case, easily grasp the focus of the case dispute, get twice the result with half the effort, and handle the affairs entrusted by the parties more effectively and timely. Generally speaking, lawyers who have been practicing for more than three years and have represented dozens of traffic accident litigation cases are the starting point.
(3) Look at psychology. Rational lawyers tend to focus on solving the problem itself, rather than arguing in court on behalf of the parties. An emotional lawyer can't fully grasp the progress of the case and get the following results.
To sum up, it is wiser to hire a lawyer in traffic accident cases than not to hire a lawyer. Generally speaking, in traffic accident cases, if no one is injured or slightly injured, it can be solved by itself. If the injured person is seriously injured, the lawyer is not invited to intervene at this time, and the injured person will negotiate with the insurance company and the other car owner. One of the most prominent problems is that it is very easy to damage the legitimate rights and interests of the victims, which is directly manifested as: the amount of compensation is compressed. This amount may have been compressed in all aspects. For the same compensation item, the insurance company will apply a lower compensation standard to the injured, and there may be differences in the level of disability appraisal, whether some compensation items are settled, the way of settlement, and the amount calculation. It can be said that the difference between the amount claimed by a traffic lawyer for you and the amount claimed by the injured is far greater than the lawyer's fee, which does not include the time cost of the injured and their families.
Legal basis:
The Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of traffic accidents.
Traffic accidents in any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention:
(a) one person died or more than three people were seriously injured, and they were fully or mainly responsible for the accident;
(2) An accident in which three or more people died and were equally responsible;
(3) Causing direct losses to public property or other people's property, and being wholly or mainly responsible for the accident, and being unable to compensate for the amount of more than 300,000 yuan.
If a traffic accident causes serious injuries to more than one person, and bears all or the main responsibility for the accident, and has one of the following circumstances, he shall be convicted and punished for the crime of traffic accident:
(a) driving a motor vehicle after drinking or taking drugs;
(2) Driving a motor vehicle without driving qualification;
(three) knowing that the safety device is incomplete or the safety components are out of order.