hudson auto accident law firm reidsville auto accident lawsuit Legal Matters

If you've been injured in an automobile accident, consult an experienced attorney as soon as you can. Your attorney can help you to understand your rights and receive the compensation that you deserve.

All drivers are required to obey traffic laws. When they breach that duty and cause harm, they are held accountable.

Damages

In general there are two kinds of damages that could result from an accident. The first, called special damages, have a specific 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 kind, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.

To receive compensation for non-economic losses, it is necessary to be able to prove that the injuries suffered were serious enough to warrant the compensation. This is a challenging job and the person who was injured must be represented by an attorney.

Loss of enjoyment is among the most frequent non-economic damages. Generally, this entails the amount of money reflected in the reduced quality of life resulting because of injury caused by an accident. This can include the inability of the victim to perform activities that were once pleasurable, such as driving.

In a few cases victims could be in a position to sue for punitive damages. This type of damage is designed to punish the defendant for a particularly indecent act, and serves to deter other people from doing the same in the future. Damages for punitive purposes are not available in every case, and a successful claim relies on the evidence that proves the defendant was acting with conscious disregard for other people's safety.

Liability

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

It is vital that you can demonstrate to the satisfaction an insurance company, juror or judge that the incident occurred. This is known as the burden of evidence. The burden is placed on the person who is making the claim - the plaintiff - and it demands that you provide evidence of how your accident occurred.

Another kind of case that may be brought is when a government institution is the one responsible for the accident. This could happen when a roadway has been poorly designed or maintained and this can cause an accident. These claims are also called road defect cases. These kinds of claims can also be brought by manufacturers. They could be accountable for car defects such as tires, brakes and mechanical failure.

At-fault driver citations

Often, an officer can determine who caused the accident by analyzing the scene of the crash and questioning witnesses. They can issue tickets if they believe a driver violated traffic laws. Insurance companies take a look at police reports to help them determine who is at fault.

After an accident, it's normal for drivers to stare at each one another. However, this can be detrimental. In addition to giving the driver a negative impression, it could result in an admission of guilt, which could be used against you in court.

The majority of car accidents involve two or more people who share a portion of fault. This is the reason why most states use modified comparative blame rules that allow the claimant to recover damages that are less than their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage responsible for an accident. This could decrease the amount of compensation for injuries.

The fact that someone is cited after a car accident can be a strong proof that they were the cause of the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case the other evidence may be required to establish that the other driver was negligent and injured you. This includes witness testimony, evidence at the scene of the accident as well as medical records regarding your injuries.

Police reports

If law enforcement officers are at the scene of a car accident, they will fill out an official police report. The reports will contain both details and opinions taken note of by the officers who were on the scene when the accident occurred. This is a crucial document for any South San Francisco Auto Accident Lawyer accident claim. Insurance companies will scrutinize the report as well to determine the fault and compensate the injured parties.

Based on the jurisdiction of the police, reports may or may not be admissible in court. The police report contains statements that aren't legally sworn as witnesses. To allow these statements to be considered as evidence in a legal proceeding, they must fall under one of the exemptions to hearsay law.

A typical report from a police officer contains information about the driver's identity, the vehicles and the victims involved in the crash along with the details of what happened and any evidence found on the scene. A majority of police reports contain an officer's opinion on the cause of the accident, and who is at fault.

If you are not hurt but you are not injured, it is in your best interest to always submit a police report after any accident you're involved in even if it appears to be minor. Not all injuries are apparent right away and having evidence can make a big difference in helping you win the money you deserve for medical expenses.