How Does Active Duty Status Affect Car Accident Claims?

Being on active duty can have a significant impact on things like being in a car accident. When a service member is on active duty, several factors affect their ability to pursue an insurance claim and/or lawsuit, like jurisdiction, especially if the accident occurred in another state or country. Additionally, a service member’s military status can affect their ability to appear in court or communicate effectively with insurance companies. For example, it’s insanely challenging to get calls and emails on a ship out in the middle of the ocean—an Orange County military injury lawyer can help. 

Civilian Medical Treatment in an Emergency

When a service member is involved in a car accident on active duty, immediate medical attention is, of course, the priority. In most cases, service members are to be treated at a military medical facility, such as the on-base hospital. However, if the accident occurs off-base or in another jurisdiction, you should definitely seek civilian medical treatment.

TRICARE, the healthcare program for active duty military, may cover the costs of civilian medical treatment. However, be sure to coordinate with TRICARE to ensure that the proper procedures are followed. 

Filing a Personal Injury Claim on Active Duty

Filing a personal injury claim while on active duty presents some unique challenges, like jurisdictional issues. Furthermore, your military status and obligations can affect your ability to appear in court or communicate effectively with insurance companies.

An Orange County attorney who focuses on handling military injury claims, like the Law Office of William Bruzzo, can help military members navigate these hurdles. We can handle the legal aspects of your claim, ensuring that your rights are protected and you receive the compensation you deserve. As your Orange County military injury lawyer, William Bruzzo will gather evidence, negotiate with insurance companies, cut through military red tape, and represent you in court, if necessary.

Understanding the Soldiers and Sailors Civil Relief Act

The Soldiers and Sailors Civil Relief Act (SSCRA) is a federal law that provides legal protections to active duty military members. One of the key provisions of the SSCRA is the ability to stay or postpone civil legal proceedings, including car accident claims, while on active duty. Under the SSCRA, military members can request a “stay,” or freeze, of proceedings if their military service prevents them from adequately participating in the case, like if you are on a float, abroad, or in a war zone. This is particularly useful in car accident claims, as it allows military members the time and flexibility to focus on their service duties without sacrificing their legal rights.

What Are TRICARE Liens?

Tricare liens are a common issue that military members face when pursuing car accident claims. A lien is a legal tool that debt-holders use to keep possession of property belonging to someone who owes them money. For example, if the mechanic fixed your car, then you never paid the mechanic, he or she could put a lien on your house for the amount of your past due bill. Then, whenever you sell your house, the mechanic will be paid with interest automatically, like a wage garnishment. So a TRICARE lien is a claim like this against any settlement or judgment you win in a personal injury lawsuit. TRICARE has the right to recover the costs of medical treatment provided to you for your accident. TRICARE liens can significantly impact the amount of compensation a military member receives in a car accident claim. An Orange County military injury attorney can ensure your TRICARE obligations are met when your settlement or financial award arrives.

Permanent Change of Station (PCS)

A Permanent Change of Station (PCS) can complicate a military member’s pursuit of a car accident claim. When a military member gets PCS orders to transfer to a different location, he or she may have to move out of the jurisdiction before the claim is resolved. This obviously poses unique challenges in terms of attending court hearings, meeting with your Orange County military injury attorney, and collecting evidence.

Can I Be Discharged for Causing an Auto Accident?

Causing an auto accident while on active duty does not automatically lead to discharge from the military. It can definitely result in disciplinary action, depending on the circumstances of the crash and the severity of the consequences. Military leadership will assess the situation and determine the appropriate course of action, which typically ranges from counseling to non-judicial punishment to base restriction to court martial. As an Orange County military injury lawyer, our office has never seen anyone discharged for causing a car accident. 

As you no doubt know, military members involved in car accidents while on active duty need to notify their chain of command as soon as possible. This allows the military to initiate any necessary investigations and take appropriate action. Aside from this, military members have the right to consult with a civilian attorney any time. Let us educate you about your options and rights. 

Crashes in Military Vehicles

Car accidents involving military vehicles definitely raise complicated legal issues. If a military member is injured in an accident involving a military vehicle and their negligence, they are entitled to compensation through the military’s tort claims process. The tort claims process allows military members to seek compensation for injuries caused by either the negligence of military personnel, poorly maintained military vehicles, known road hazards on base, and so on.

Need an Orange County Military Injury Lawyer?

If you are a member of the Army, Navy, Marine Corps, Air Force, Coast Guard, or National Guard in Orange County and have been involved in a car accident while on active duty, the Law Office of William Bruzzo is here to help. Our experienced, passionate, and reputable legal team understands the bureaucratic red tape of dealing with the military, the lifestyle of military members (frequent moves, often being unable to call or email, working non-traditional hours, etc), and the difficulties you face in pursuing justice after being injured in a car accident. To set up a time to speak to an Orange County military injury lawyer now, don’t hesitate to contact our office today. We are standing by to advocate for America’s military!