auto Accident attorney Accident Legal Matters

Contact an experienced attorney immediately when you've been injured in a car accident. An attorney can explain your rights and assist you get the compensation that you need.

All drivers have a duty to obey traffic laws. They are liable if they do not abide by this obligation and cause harm.

Damages

Generally speaking, there are two types of damages that can result from a car crash. The first type, known as special damages, comes with a value in dollars that is easily determined. Special damages can include medical bills, lost wages and repairs to vehicles. The second type, which is referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

In order to be eligible for compensation for non-economic losses, it is necessary to be able to prove that the injuries suffered were serious enough to merit the award. This is a difficult task, and the person who has suffered should be represented by an attorney.

One of the most common types of non-economic damages is the loss of enjoyment of life. It is typically a financial amount that indicates a decreased quality of living due to injuries caused by accidents. Also, it includes the inability to participate in certain activities, such as driving, which were once enjoyable.

In rare cases, victims may be able to sue for punitive damage. This type of damage is intended to punish the defendant for a particularly egregious act and helps deter others from repeating the same actions in the future. Punitive damages may not be available in all circumstances. A successful claim will require strong evidence that the defendant's actions were carried out with conscious disregard for others' safety.

Liability

If you're injured in a car accident the person or organization responsible for your injuries will be held accountable to compensate you. This includes money for your medical expenses and property damage, as well as loss of income and noneconomic damages such as suffering and pain. In most cases, the driver that caused a crash will be accountable. However, it's not unusual for both drivers to share a portion of the blame. Certain states follow what's called comparative negligence laws where the jury will decide the respective percentage of blame for each driver and adjust the damage award accordingly.

It is important that you can demonstrate to the satisfaction an insurance company or judge and jury what occurred. This is known as the burden of proof. The plaintiff is the one who bears the burden of proving. You have to provide evidence to prove that the incident happened.

Another type of case that may be brought is when a governmental entity is at fault for the accident. This can occur when a highway is not maintained or constructed properly and contributes to an accident. These kinds of claims are also known as roadway defect cases. These types of claims may also be brought by manufacturers. 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 caused an incident by analyzing the scene and interviewing witnesses. They can issue an order if they believe that a motorist violated traffic rules. Insurance companies could also use police reports to determine fault.

It is natural for drivers to blame each other following an accident. However, this can be detrimental. In addition to giving the driver a negative impression, it could result in an admission of guilt that can be used against you in court.

In most car accidents there are two or more parties who share some level of blame. Most states have modified comparative-fault rules that permit claimants to receive damages that are less than their percentage of blame. A traffic citation can be used by an insurance adjuster to increase the percentage of claimant blame in an accident. This can reduce the amount of compensation for injuries.

The fact that someone is mentioned in a vehicle crash could be a strong proof that they are responsible for the crash. However, it's not an assurance of the outcome of an injury lawsuit. Depending on the situation, other types of evidence could be required to demonstrate that the driver was negligent and caused injury to you. Witness testimony, evidence from the accident scene and medical documents to prove your injuries.

Police reports

When police officers arrive at a car auto accident law firms site, they fill out an official report. These reports contain both facts and opinions noted by the officers who are on scene at the time of the accident. This is a vital document to be used in any auto accident law firm accident claim. Insurance companies also will review the report to determine the fault and amount of compensation.

According to the jurisdiction, police reports can or may not be accepted in court. The police report contains testimony from individuals who haven't been certified as witnesses. These statements have to fall under an exception to the law of hearsay to be used as evidence.

A typical police report includes details about the car, driver and the victims involved in the crash, as well as a description of the incident and any evidence that was found at the scene. Many police reports also include the officer's opinion on how the accident occurred and who's responsible for the incident.

Even if you don't feel injured, it's the best option to file a police accident claim, even if the accident seems minor. Not all injuries are apparent in a hurry and having evidence can go a long way toward helping you get the amount you are due for your medical expenses.