auto accident attorney Accident Legal Matters

Contact an experienced attorney right away If you've suffered injuries in a car accident. Your lawyer can explain your rights and help to get the compensation you need.

All drivers are accountable to obey traffic laws. If they fail to do so and cause harm, they are accountable.

Damages

In general there are two types of damages that could result from a car crash. The first, called special damages, have a precise dollar value that is easy to determine. Things like medical bills as well as lost wages and vehicle repair are examples of special damages. The second type of damage that are referred to as non-economic damage is more difficult to quantify. These include things like pain and suffering.

To be able to claim compensation for non-economic losses it is essential to be able to prove that the injuries sustained were serious enough to merit the compensation. This is a daunting task, and the person who has suffered must be represented by an attorney.

One of the most common types of non-economic damages is the loss of enjoyment in life. Generally, this entails an amount of money that represents the diminished quality of life as a result of the accident-related injuries. This includes the inability of the victim to participate in activities that were once enjoyable, such as driving.

In rare instances victims might be able to sue for punitive damages. This kind of damages are designed to punish the perpetrator for a particularly egregious act and to deter others from similar acts in the future. Punitive damages are not available in all cases and a successful claim depends on the evidence that proves the defendant acted with conscious disregard for other people's safety.

Liability

If you suffer injuries in an accident involving a vehicle the person who caused your injuries is liable to compensate you. This includes compensation for medical costs or property damage, loss of income, auto accident attorney and non-economic damages like pain and discomfort. In most instances, the driver who caused the crash will be responsible. However, it is not unusual for two drivers to share a portion of the blame. Some states have laws called comparative negligence, where a jury determines the percentage of each driver and adjusts the damage award in accordance with the percentage.

It is vital that you can prove to the satisfaction of an insurance company, juror or judge that the incident occurred. The burden of evidence is what we refer to it. The plaintiff is responsible for the burden of proof. You have to provide evidence to prove that the incident happened.

A government entity can also be held responsible for an accident. It can happen when a roadway has been poorly designed or maintained and this can cause an accident. These types of claims are also referred to as roadway defect cases. Sometimes, the manufacturers are at fault in these kinds of claims as well. They could be held accountable for car defects like brakes, tires and mechanical failure.

At-fault driver citations

An officer can often determine the cause of an incident by analyzing the scene and interviewing witnesses. They may write an accusation if they believe that a driver has violated traffic laws. Insurance companies also review police reports to determine fault.

Following an accident, it is normal for drivers to point at each other. However, this could be harmful. Besides giving the other driver a bad impression, it could lead to an admission of guilt which could be used against you in court.

Most car accidents involve two or more individuals with varying degrees of responsibility. A majority of states have modified comparative-fault rules, which allow claimants to recover damages that are less than their percentage of blame. A traffic citation could be used by an insurance adjuster to increase the percentage of claimant at fault in an accident. This can decrease the potential payout for injuries.

The fact that a person is mentioned in a vehicle crash could be a strong proof that they were responsible for the accident. It is not a guarantee that a personal-injury case will be successful. Depending on the situation other evidence may be needed to demonstrate that the driver was negligent and caused injury to you. This could include witness testimony, evidence from the scene of the accident, and medical records detailing your injuries.

Police reports

When law enforcement officers attend an accident scene they will complete an official police report. The reports include both information and opinions noted by the officers on the scene at the time of the accident. This report is essential to be used in any auto accident Attorney accident claim. Insurance companies will scrutinize the report to help determine fault and the amount of compensation for injured parties.

Based on the jurisdiction, police reports can or may not be accepted in court. The main reason is because the police report contains statements by people who aren't sworn witnesses in court. These statements must fall under an exception to the law of hearsay to be admissible as evidence.

A typical police report includes information about the car, driver and the victims involved in the crash, as well as an account of the incident and any evidence found at the scene. Many police reports also contain the officer's views on how the crash happened and who is most to blame.

Even if you don't feel injured, it's in your best interests to file a police accident claim, even if the accident appears to be minor. Not all injuries show up right away, and having solid documentation can make a big difference in helping you win the compensation you deserve for auto accident attorney medical expenses.