Auto Accident Legal Matters

Contact an experienced attorney right away if you have been injured in a car accident. Your lawyer can explain your rights and assist you get the compensation you need.

All drivers are responsible for adhering to traffic laws. They are accountable if they do not abide by this obligation and cause harm.

Damages

In general there are two kinds of damages that can result from an accident. The first kind of damage called special damages, comes with a value in dollars that can be easily determined. Special damages include medical bills loss of wages, repairs to vehicles. The second type of damages, also known as non-economic damages is more difficult to quantify. These include things like suffering and pain.

In order to be compensated for non-economic losses, you must be able show that your injuries were serious enough to warrant this award. This is a daunting task and the person who was injured must be represented by a lawyer.

One of the most prevalent forms of non-economic damages is the loss of enjoyment of life. This is usually a financial amount that reflects a reduced quality of life as a result accident-related injuries. This also is the inability to participate in certain activities, such as driving, which were once enjoyable.

In rare instances victims can claim punitive damages. This kind of damage is intended to punish the defendant for an egregious violation, and serves to deter others from repeating the same actions in the future. Punitive damages may not be available in all cases. A successful claim will require evidence that the defendant acted with conscious disregard for the safety of others.

Liability

If you suffer injuries in an automobile accident the person or organization responsible for your injuries will be liable to compensate you. This includes money for medical expenses and property damage, as well as loss of income, and other non-economic damages like pain and suffering. In most cases, this will be the driver who caused the accident. It is not uncommon for the two drivers to share responsibility. Certain states have what are called comparative negligence laws. In these, the jury will decide each driver's percentage of fault and adjust the damage award accordingly.

It is essential that you demonstrate what transpired to an insurance company or to a jury or judge. This is referred to as the burden of evidence. The burden is shifted to the party making the claim, which is the plaintiff and requires you to present evidence of how your accident occurred.

Another type of case that could be brought is when a governmental entity is the one responsible for the accident. It can happen when a roadway is poorly constructed or maintained and can cause an accident. These types of claims are also known as road defect cases. Sometimes, manufacturers are the ones to blame in these kinds of claims too. They could be held responsible for the defects in brakes, tires, and mechanical failure.

At-fault driver citations

A police officer is often able to determine the cause of an incident by analyzing the scene and interviewing witnesses. They can issue an accusation if they believe the driver was in violation of traffic laws. Insurance companies can also use police reports to determine the fault.

Following an accident, it is normal for drivers to point at each one another. However, this can be harmful. This can not only give the other driver a bad impression but could also cause you to admit guilt in court.

Most car accidents can involve two or more people who share some degree of blame. Many states have modified comparative-fault rules that permit claimants to receive damages that are less than their share of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage of claimant fault in an accident. This can reduce the chance of recovering compensation for injuries.

The the fact that a person is cited following a car crash could be powerful evidence that they were the cause of the crash. It is not a guarantee that a personal-injury case will be successful. Based on the circumstances of your case, you may require other types of proof to prove that the other driver was negligent and caused harm to you. You will need witness testimony, evidence at the accident scene and medical documents to show your injuries.

Police reports

When law enforcement personnel attend a car accident scene they will fill out an official police report. The reports will contain both facts and opinions gathered by officers on the scene at the time of the crash. This report is essential for any bolivar auto accident attorney accident claim. Insurance companies will also look over the report to determine fault and the amount of compensation.

Depending on the jurisdiction, police reports are acceptable or not admissible in court. The main reason is that the police report includes statements made by people who are not sworn witnesses in court. These statements must be included in an exception to the law of hearsay to be used as evidence.

A typical police report will include details about the driver, vehicles and the people involved in the accident, as well as an account of what transpired and any evidence found on the scene. Many police reports include an officer's view on the reason for the accident and who is to blame.

Even if there is no indication that you are injured, it is still in your best interests to submit a police accident report, even if the accident seems minor. Not all injuries are apparent in a hurry and having a thorough record can be a huge help in helping you claim the amount you are due for medical expenses.