auto accident attorneys Accident Legal Matters

If you've suffered injuries in an accident in the car, you should contact an experienced attorney as quickly as you can. Your attorney will explain your rights and help you get the compensation you need.

All drivers are responsible to obey traffic laws. They are held accountable if violate this duty and cause harm.

Damages

In general, there are two types of damages that may result from a car accident. The first, referred to as special damages, have a precise dollar amount that is easy to determine. Things like medical bills, lost wages, and auto accidents repairs to vehicles are examples of special damages. The second kind, referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering.

To be eligible for compensation for noneconomic losses you must demonstrate that your injuries were serious enough to warrant such an award. This is a daunting task, and the injured must be represented by an attorney.

The loss of enjoyment is among the most common non-economic damages. This usually involves a monetary sum that reflects the reduced quality of life because of injury caused by an accident. This includes the inability for the victim to participate in activities that were once enjoyable, such as driving.

In rare cases victims may claim punitive damages. The purpose of this type of damage is intended to punish the defendant and deter future acts that are as egregious. Punitive damages may not be available in every case and a successful claim relies on the evidence that proves the defendant acted with conscious disregard for other people's safety.

Liability

When you are injured in an accident in a car the person or organization responsible for your injuries will be held accountable to pay you compensation. This includes money for medical expenses or property damage, as well as loss of income, and other non-economic injuries like pain and suffering. In the majority of cases, it will be the driver who was responsible for the crash. It is not uncommon for two drivers to share blame. Some states apply what's known as comparative negligence laws. the jury will decide the proportion of fault for each driver and adjust the damages awarded in accordance with that percentage.

It is vital that you can show to the satisfaction an insurance company or jury or judge what happened. The burden of evidence is what we call it. The burden is placed on the party making the claim, namely the plaintiff and requires you to provide the evidence that demonstrates how your accident occurred.

A government entity could be liable for an accident. This could happen when a road is not maintained properly or designed and contributes to an accident. These types of claims are also known as road defect cases. Sometimes, the manufacturers are at fault in these claims too. They could be held liable for defects such as brakes, tires and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who caused an accident by analyzing the crash scene and interviewing witnesses. If they believe that a driver is in violation of traffic laws, they might issue a ticket. Insurance companies may also rely on police reports to determine fault.

It is normal for drivers to point fingers at one another following an accident. This can be detrimental. This may not only give the other driver a bad impression however, it could also cause you to confess guilt in the court.

In most car accidents, there are two or more parties sharing a portion of responsibility. This is why many states follow modified comparative fault rules that allow the victim to seek compensation for damages minus their portion of the fault. An insurance adjuster might utilize a traffic ticket to increase the percentage of blame in an accident, which could limit their settlement for their injuries.

The fact that someone is mentioned after a car accident may be evidence that they were the cause of the crash. It's not an assurance that a personal injury claim will be successful. Based on the circumstances of your case, other types of evidence could be required to demonstrate that the driver was negligent and caused injury to you. You will need witness testimony, evidence from the scene of the accident and medical documents to prove your injuries.

Police reports

When law enforcement personnel attend the scene of a car crash they will complete an official police report. The reports will contain both facts and opinions of the officers present at the time of the collision. This is an important document to be included in any claim for auto accidents. Insurance companies will also review the report to determine the fault and amount of compensation.

Based on the jurisdiction, police reports can or may not be considered admissible to court. The police report includes statements from people who aren't legally sworn as witnesses. For these statements to be considered as evidence in a legal matter they must be covered by one of the exceptions to hearsay law.

A typical police report contains details regarding the driver, vehicles involved and the victims in the crash along with an account of the incident and any evidence found at the scene. Many police reports include an officer's opinion on the reason for the accident and who's responsible for the incident.

Even if you're not injured, it is still the best option to submit a police accident report even if the incident appears to be minor. Documentation is important because not all injuries are visible immediately.