Auto Accident Legal Matters

Contact an experienced attorney immediately if you have been injured in a car crash. Your attorney will explain your rights and assist you receive the compensation you are entitled to.

All drivers are responsible for obeying traffic laws. When they breach that duty and cause harm, they are held accountable.

Damages

In general there are two types of damages that may result from an cherryville auto accident lawyer accident. The first, called special damages, have a specific dollar amount that is easy to calculate. Special damages can include medical bills loss of wages, vehicle repairs. The second type, referred to as non-economic damages, are more difficult to quantify. They include things like pain and suffering.

In order to be compensated for non-economic losses, you must be able establish that your injuries were severe enough to warrant an award. This is not an easy task and the victim must be represented by a lawyer.

Loss of enjoyment of life is one of the most common non-economic damages. This is usually a monetary amount that reflects a reduced quality of life due to injuries sustained in accidents. This also is the inability to participate in certain activities, such as driving that were once enjoyable.

In rare cases victims may claim punitive damages. This kind of damage is designed to punish the perpetrator for a particular sloppy act and to deter other people from doing the same in the future. Damages for punitive intent may not be available in all cases. A successful claim will require evidence that the defendant acted with a conscious disregard for others' safety.

Liability

If you suffer injuries in an automobile accident the person responsible for your injuries is liable to pay you. This will include money for medical expenses or property damage, as well as loss of income, and other non-economic damages such as pain and suffering. In the majority of cases, it is the driver who caused the crash. It is not uncommon for the two drivers to share responsibility. Some states follow what is called comparative negligence laws. In these, a jury will determine the proportion of fault for each driver and adjust the damage amount in accordance with that percentage.

It is important that you can show to the satisfaction an insurance company or a jury or judge what happened. This is known as the burden of proof. The plaintiff is responsible for the burden of proving. You must provide evidence to prove that the incident took place.

Another type of case that can be filed is when a government institution is at fault for the accident. This can occur when a highway is not properly maintained or designed and causes an accident. These claims are also called roadway defect cases. Sometimes, manufacturers are accountable in these kinds of claims too. They could be held accountable for defects such as 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. If they believe a driver has violated traffic laws they could issue a ticket. Insurance companies could also use police reports to determine fault.

It is natural for drivers to blame each other following an accident. This can be harmful. It could not only leave the other driver a bad impression, but it could also result in you committing a crime in court.

Most car accidents involve two or more people who share a certain amount of fault. This is the reason why most states follow modified comparative fault rules that permit the claimant to seek compensation for damages minus their portion of the fault. An insurance adjuster may make use of a traffic citation in order to increase a claimant's percentage of fault in the accident, which can reduce their compensation for their injuries.

The fact that a person is mentioned in a car crash can be strong evidence that they caused the accident. It's not an assurance that a personal injury lawsuit will be successful. Based on your particular case the other evidence may be required to establish that the other driver was negligent and caused injury to you. This could include witness testimony, evidence taken from the scene of the accident as well as medical records of your injuries.

Police reports

When law enforcement personnel attend the scene of a car crash they will fill out an official police report. The reports include both information and opinions noted by the officers present at the time of the accident. This is a crucial document for any cutler bay auto accident law firm accident claim. Insurance companies will examine the report as well to determine the fault and compensate injured parties.

In accordance with the jurisdiction, police reports are acceptable or not admissible in court. The reason for this is that the police report contains statements by people who are not sworn witnesses in court. These statements have to fall under an exception to the hearsay law to be used as evidence.

A typical police report will include information about the driver, vehicles involved and the victims in the accident along with an account of the incident and any evidence found at the scene. Many police reports also include the officer's opinions about how the accident occurred and who is the most responsible for the incident.

Even if you're not injured, it's beneficial to submit a police accident report, even if the accident seems to be minor. Documentation is important since there aren't all injuries evident immediately.