auto accidents Accident Legal Matters

If you've suffered injuries in an auto accident, call an experienced attorney as soon as you can. Your lawyer can explain your rights and assist to get the compensation you deserve.

All drivers are responsible to obey traffic laws. They can be held accountable if they break this duty and cause harm.

Damages

In general, there are two different types of damages that can result from an auto accident. The first type of damages called special damages, have the value of a dollar that can be easily determined. Things like medical bills, lost wages, and repair work on vehicles are examples of special damages. The second kind of damages, also known as non-economic damage, is more difficult to quantify. These include things like pain and suffering.

In order to receive compensation for non-economic losses it is essential to to demonstrate that the injuries suffered were severe enough to merit such an award. This is not an easy task, and the injured party should be represented by an attorney.

Loss of enjoyment is among the most commonly reported non-economic losses. This is usually a monetary amount that is a reflection of a diminished quality of life due to injuries sustained in accidents. It also is the inability to participate in certain activities, like driving that were once enjoyable.

In some cases victims can seek punitive damages. These damages are intended to punish the defendant and deter future acts that are equally egregious. The punitive damages might not be 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 are injured in a car accident the person responsible for your injuries is liable to compensate you. This will include money for medical expenses as well as property damage, loss of income as well as non-economic damage like suffering and pain. In the majority of cases, the person who caused the crash will be responsible. However, it is not unusual for both drivers to share some blame. Certain states have laws called comparative negligence. In these cases, a jury determines the respective percentages of each driver and adjusts the damages awarded in proportion.

It is essential that you prove what happened to an insurance company or to a jury or judge. The burden of proof is what we call it. The burden falls on the person who makes the claim, which is the plaintiff and it requires you to present proof of how the crash happened.

Another kind of situation that can be brought is when a governmental entity is responsible for the accident. This could happen when a roadway has been poorly constructed or maintained, and this can cause an accident. These are also known as roadway defect cases. Sometimes, manufacturers are responsible in these kinds of claims as well. They could be accountable for the defects in cars, such as brakes, tires and mechanical failure.

At-fault driver citations

Most of the time, police officers can determine who caused an accident by looking at the scene of the crash and questioning witnesses. If they believe a motorist has violated traffic laws they can issue a citation. Insurance companies will also examine police reports to help them determine the cause of the incident.

It is normal for drivers to point fingers at one another after an accident. This can be detrimental. This could not only give the other driver a bad impression but could also lead to you admitting guilt in the court.

In most car accidents there are usually two or more parties sharing a portion of fault. Many states have modified comparative-fault rules that allow claimants to recover damages that are less than their percentage of fault. A traffic citation can be used by an insurance adjuster to increase the percentage claimant fault in an accident. This can decrease the possibility of a payout for injuries.

The fact that a person is cited in a car accident could be evidence that they were the cause of the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case, you may require other forms of evidence to prove that the negligence of another driver caused you harm. Witness testimony, evidence from the scene of the accident and medical records to prove your injuries.

Police reports

When police officers arrive at a car crash site and are asked to fill out an official report. These reports contain both the facts and opinions gathered by officers who were on the scene at the time of the collision. This is a vital document for any auto accident law firm accident claim. Insurance companies will also review the report to determine fault and compensation.

Based on the jurisdiction of the police, reports can or may not be considered admissible in court. The main reason is that the police report contains statements made by people who aren't witnesses in court. For these statements to be considered as evidence in a legal proceeding they must fall within one of the exemptions to hearsay law.

A typical police report includes information about the driver's identity, the vehicles and the people involved in the crash and a description of what happened and any evidence discovered on the scene. Many police reports include an officer's view on the reason for the accident, and who is to blame.

If you are not hurt however, it is in your best interest to always complete a police investigation for any incident you're involved in even if it appears to be minor. Not all injuries show up immediately and having a solid record can help in helping you get the money you deserve for your medical expenses.