fort payne auto accident law firm Accident Legal Matters

If you've been injured as a result of an pulaski auto accident attorney accident, call an experienced attorney as quickly as possible. Your attorney can explain your rights and help you get the compensation that you deserve.

All drivers are obliged to obey traffic laws. If they do not comply with this duty and cause injury, they can be held responsible.

Damages

In general there are two distinct kinds of damages that can result from an accident. The first, called special damages, are characterized by a clear dollar value that is easy to determine. Things like medical expenses loss of wages, repairs to vehicles are examples of special damages. The second type of damage, referred to as non-economic damages, are more difficult to quantify. They include things like suffering and pain.

To be able to claim compensation for non-economic losses it is necessary to to show that the injuries suffered were serious enough to warrant the compensation. This is a daunting task, and the person who has suffered must be represented by an attorney.

One of the most popular kinds of non-economic damage is the loss of enjoyment life. This usually involves an amount of money that represents the lower quality of life resulting as a result of the injuries resulting from accidents. This includes the inability of the victim to participate in activities that were once pleasurable, such as driving.

In a few cases victims may be able to claim punitive damages. The purpose of this type of damage is intended to penalize the defendant and discourage any further actions that are just as bad. The possibility of punitive damages is not available in every case and a successful claim relies on evidence that shows the defendant acted with conscious disregard for other people's safety.

Liability

If you're injured in an auto accident the person who caused your injuries is accountable to pay you. This includes compensation for medical costs and property damages, as well as lost income, and any other non-economic damage like discomfort and pain. In most cases, this is the driver who caused the crash. However, it is not uncommon for both drivers to share some blame. Certain states have laws known as comparative negligence, in which the jury decides on the proportion of each driver's share and adjusts the damages awarded in proportion.

It is vital to prove what happened to an insurance company or to a jury or judge. This is known as the burden of proof. The burden is placed on the person making the claim - the plaintiff and demands that you provide the evidence that demonstrates how your crash happened.

A government institution can be liable for an accident. This can occur when a roadway is not maintained properly or designed which can lead to an accident. These are also referred to as roadway defect cases. Sometimes, the manufacturers are at fault in these claims too. They may be liable for car defects like brakes, tires and mechanical failure.

At-fault driver citations

An officer will often be able to determine who was the culprit by looking at the scene of the accident and interviewing witnesses. They may write an order if they believe a driver violated traffic laws. Insurance companies also examine police reports to determine the cause of the incident.

Following an accident, it's normal for drivers to stare at each other. This can be detrimental. Besides giving the other driver a bad impression, it could lead to an admission of guilt, which could be used against you in court.

Most car accidents can be caused by two or more people with varying degrees of fault. The majority of states have modified comparative fault rules that allow claimants to recover damages less their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage fault in an accident. This could reduce the potential payout for injuries.

The fact that someone is cited in the aftermath of a car accident could be strong evidence that they were the cause of the crash. It's not an assurance that a personal injury claim will be successful. Depending on the circumstances of your case you may require other forms of proof to prove that another driver was negligent and caused harm to you. Witness testimony, evidence at the scene of an accident and medical records to show your injuries.

Police reports

When police officers arrive at a vehicle accident site, they fill out an official report. These reports contain both facts and opinions gathered by officers present at the time of the accident. This is a crucial document for any andover auto accident lawyer accident claims. Insurance companies will also review the report to determine fault and compensation.

Depending on the region, police report are admissible or not. The reason for this is that the police report contains statements by people who aren't sworn witnesses in court. These statements must be included in an exception to the hearsay law to be admissible as evidence.

A typical report from a police officer contains details about the driver, the vehicles involved and the victims in the crash, as well as the details of what happened and any evidence discovered on the scene. A majority of police reports contain the officer's opinions on the cause of the accident and who is at fault.

If you are not hurt it is in your best interest to always file a police report for any incident you're involved in, even if it appears minor. Documentation is important since there aren't all injuries visible immediately.