Auto Accident Legal Matters

If you've been injured as a result of an auto accident, call an experienced attorney as soon as you can. Your lawyer can assist you to understand your rights and receive the compensation that you deserve.

All drivers are responsible for adhering to traffic rules. If they do not comply with this duty and cause harm, they are liable.

Damages

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

In order to be compensated for non-economic losses you must prove that your injuries were serious enough to warrant an award. This is a difficult task, and the injured party must be represented by a lawyer.

One of the most frequent kinds of non-economic damage is the loss of enjoyment in life. Generally, this entails the amount of money reflected in the reduced quality of life experienced as a result of injury caused by an accident. This includes the inability of the victim to perform activities that were once enjoyable like driving.

In a few cases, victims may be allowed to sue for punitive damages. This kind of damages are designed to punish the defendant for a particular sloppy act, and serves to deter others from similar acts in the future. Punitive damages may not be available in all cases, and a successful claim relies on evidence that shows the defendant acted with a conscious disregard for other people's safety.

Liability

If you are injured in a car accident, the person responsible for your injuries is responsible to compensate you. This includes money for your medical expenses or property damage, as well as loss of income as well as non-economic injuries like suffering and pain. In most cases, this will be the driver that caused the crash. It is not uncommon for the two drivers to share the blame. Some states have laws called comparative negligence, where the jury decides on the respective percentages of each driver and adjusts the damages awarded according to the percentage.

It is crucial that you prove what happened to an insurance company or to a judge and jury. The burden of evidence is what we refer to it. The burden falls on the party making the claim - the plaintiff - and auto accident requires you to present the evidence that demonstrates how your accident occurred.

Another kind of situation that can be brought is when a government agency is responsible for the accident. This could happen when a roadway isn't properly constructed or maintained and can cause an accident. These are also known as roadway defect cases. These types of claims can also be brought by manufacturers. They may be held accountable for defects such as brakes, tires and mechanical failure.

At-fault driver citations

Usually, a police officer can determine who was the cause of an accident by studying the crash scene and interviewing witnesses. They might issue a ticket if they think a driver violated traffic laws. Insurance companies may also rely on police reports to determine fault.

Following an accident, it's normal for drivers to point fingers at each other. This can be harmful. This could not only give the driver behind you a bad impression and could result in you committing a crime in the court.

Most car accidents can involve two or more people who share a certain amount of responsibility. Most states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of fault. Insurance adjusters can make use of a traffic citation in order to increase a claimant's share of blame in an accident, which could reduce their potential payment for injuries.

The fact that someone is mentioned following a car crash could be a strong proof that they caused the crash. It is not any 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 harm to you. This could include witness testimony, evidence taken from the site of the accident, as well as medical records of your injuries.

Police reports

When law enforcement personnel attend a car accident scene they will complete an official police report. These reports include both facts and opinions that were taken note of by the officers who were on the scene at the time the accident took place. This is a crucial document for any auto accidents accident claims. Insurance companies will review the report in order to determine fault and compensation for the injured parties.

Based on the jurisdiction, police reports may or may not be considered admissible in court. The main reason is that the police report contains statements made by individuals who are not sworn witnesses in court. These statements must fall within an exception to the law of hearsay to be admissible as evidence.

A typical police report will include 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. A majority of police reports contain an officer's opinion on the reason for the accident and who's responsible for the incident.

Even if you don't feel injured, it's recommended to make a police report, even if the accident seems minor. Documentation is important because not all injuries are evident immediately.