auto accident Attorney Accident Legal Matters

Contact an experienced attorney immediately in the event that you've been injured in a car crash. Your attorney can help you understand your rights and get the compensation you are entitled to.

All drivers have a duty to abide by traffic laws. If they do not comply with this duty and cause harm, they are held accountable.

Damages

In general there are two types of damages that can result from an automobile accident. The first, known as special damages, have a clear dollar amount that is easy to determine. Examples of special damages include medical bills or lost wages as well as vehicle repair are examples of special damages. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering.

In order to receive compensation for non-economic losses it is necessary to prove that your injuries were serious enough to warrant this award. This is not an easy task and the injured party must be represented by an attorney.

Loss of enjoyment is one of the most frequently reported non-economic damages. This is usually a financial amount that reflects a reduced quality of living due to injuries caused by accidents. This includes the inability for the victim to perform activities that were once enjoyable like driving.

In a few cases victims may be able to claim punitive damages. This type of damages is intended to punish the defendant and discourage future acts which are as indecent. Punitive damages are not available in all instances. A successful claim requires evidence that the defendant acted with a conscious disregard for the safety of others.

Liability

If you suffer injuries in a car accident the person responsible for your injuries is liable to pay you. This includes compensation for medical expenses, property damage, loss of income and noneconomic injuries like pain and suffering. In the majority of cases, it will be the driver who caused the accident. However, it's not unusual for both drivers to share a portion of the blame. Some states apply what's known as comparative negligence laws, where a jury will determine the respective percentage of blame for each driver and adjust the damages awarded in proportion.

It is crucial that you can prove what happened to an insurance company or auto Accident Attorney to a judge and jury. This is known as the burden of evidence. The burden falls on the person making the claim - the plaintiff and requires you to show evidence of how your crash occurred.

Another type of case that could be filed is when a government agency is accountable for the accident. This can occur when a roadway is poorly designed or maintained and this contributes to an accident. These kinds of claims are also referred to as road defect cases. Sometimes, the manufacturers are accountable in these types of claims too. They could be held accountable for the defects in brakes, tires and mechanical failures.

At-fault driver citations

Often, an officer can determine who caused an accident by looking at the crash scene and interviewing witnesses. If they suspect that a driver has broken traffic laws, they can issue a citation. Insurance companies take a look at police reports to help determine fault.

Following an accident, it is normal for drivers to glare at each one another. However, this can be detrimental. This could not only give the other driver a negative impression, but it could also lead to you admitting guilt in court.

In most car accidents, there are two or more parties that share a certain amount of fault. This is why many states have modified comparative fault rules that permit the claimant to seek compensation for damages minus their portion of the fault. A traffic citation can be used by an insurance adjuster to increase the claimant's percentage at fault in an auto accident. This can reduce the potential payout for injuries.

The fact that someone is mentioned in a vehicle crash can be strong evidence that they caused the accident. It is not a guarantee that a personal injury claim will be successful. Depending on the circumstances of your case, you may require other forms of evidence to prove that an other driver was negligent and caused you harm. This could include witnesses' testimony, evidence from the scene of the accident and medical records of your injuries.

Police reports

When law enforcement personnel attend the scene of a car crash they fill out an official police report. The reports contain both the information and opinions taken note of by the officers who were on the scene at the time the incident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will scrutinize the report in order to determine fault and the amount of compensation for the victims.

Based on the jurisdiction, police reports could or might not be admissible in court. The police report contains statements from people who aren't certified as witnesses. To be able to be used in a legal proceeding, they must fall under one of the exceptions to hearsay law.

A typical report from a police officer includes information about the vehicle, driver and the victims who were involved in the crash, along with an account of the incident and any evidence that was found at the scene. The majority of police reports include officers' opinions on what caused the crash and who's to blame.

Even if you're not injured, it is still in your best interests to make a police report, even if the accident seems to be minor. There are many injuries that do not show up in a hurry and having evidence can make a big difference in helping you claim the compensation you're entitled to for medical expenses.