Auto Accident Legal Matters

If you've been injured in an auto accident, call an experienced attorney as soon as possible. Your lawyer can help you learn about your rights and help you get the compensation you are entitled to.

Every driver is responsible for obeying traffic laws. When they breach that duty and cause harm, they are held accountable.

Damages

In general there are two distinct types of damages that can result from an auto accident. The first type of damage known as special damages, have a dollar value that is easily determined. Examples of special damages include medical bills loss of wages, repairs to vehicles are examples of special damages. The second type of damages, also known as non-economic damages, is more difficult to quantify. These include things such as suffering and pain.

To be able to claim compensation for non-economic losses it is necessary to to prove that the injuries suffered were serious enough to merit the amount. This is not an easy task and the person who was injured should be represented by an attorney.

Loss of enjoyment is among the most frequently reported non-economic damages. It's usually a financial amount that reflects a reduced quality of living as a result accident-related injuries. Also, it includes the inability to participate in certain activities, such as driving, which were once enjoyable.

In a few cases victims may be allowed to sue for punitive damages. This kind of damages are designed to punish the perpetrator for an egregious violation and also to discourage others from doing similar things in the future. Damages for punitive purposes are not available in all cases and a successful claim relies on strong evidence showing that the defendant acted with conscious disregard for the safety of others.

Liability

If you suffer injuries in an accident involving a vehicle the person who caused your injuries is responsible to pay you. This includes compensation for medical expenses or property damage, loss of income, and other damages like pain and discomfort. In the majority of instances, the driver who caused the accident will be the one responsible. However, it's not unusual for two drivers to share some responsibility. Some states follow what is known as comparative negligence laws, where jurors determine the percentage of fault each driver is responsible for and adjust the amount of damage in proportion.

It is vital that you prove what happened to an insurance company, or to a jury or judge. This is referred to 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 the evidence that demonstrates how your crash happened.

Another type of case that can be brought is when a government entity is the one responsible for the accident. This can occur when a roadway is not maintained properly or designed, and this contributes towards an accident. These types of claims are also referred to as roadway defect cases. Sometimes, the manufacturers are at fault in these kinds of claims too. They could be held accountable for the defects in cars, like brakes, tires and mechanical failure.

At-fault driver citations

An officer will often be able to determine who was the culprit by analyzing the scene and interviewing witnesses. They may write an accusation if they believe that a motorist violated traffic rules. Insurance companies could also use police reports to determine the fault.

It is natural for drivers to point fingers at each other following an accident. However, this could be detrimental. This can not only give the driver in front of you a bad impression but could also lead to you admitting guilt in the court.

In the majority of car accidents there are usually two or more people who share a percentage of responsibility. This is the reason that most states have modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their proportion of fault. A traffic citation could be used by an insurance adjuster to increase the claimant's percentage fault in an accident. This can reduce the chance of recovering compensation for injuries.

The fact that someone is cited after a car accident can be strong evidence that they caused the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case you may need other types of evidence to prove that another driver was negligent and caused you harm. Witness testimony, evidence from the scene of an accident and medical records to show your injuries.

Police reports

When officers from the police arrive at a vehicle accident site they complete an official report. The reports contain both the facts and opinions observed by the officers on the scene when the accident occurred. It is an essential document for any auto accident lawyers accident claim. Insurance companies will study the report to help determine fault and compensation for the parties who have been injured.

Based on the jurisdiction, police reports could or might not be accepted in court. The reason for this is that the police report contains statements from people who aren't witnesses in court. For these statements to be considered as evidence in a legal proceeding they must be covered by one of the exceptions to hearsay law.

A typical report from a police officer includes information about the driver, vehicles and the victims involved in the crash, in addition to an account of the accident and any evidence found at the scene. Many police reports include an officer's view on the reason for the accident and who is responsible for the incident.

If you are not hurt but you are not injured, it is the best option to always make a police report of any incident you're involved in even if the incident appears to be minor. Some injuries don't show up in a hurry, and having solid documentation can help in helping you claim the amount you are due for your medical expenses.