Auto Accident Legal Matters

If you've suffered injuries in an auto accident, call an experienced attorney as quickly as you can. Your attorney will explain your rights and help you get the compensation you are entitled to.

All drivers are required to follow traffic laws. If they violate that duty and cause harm, they are liable.

Damages

In general there are two types of damages that may result from an automobile accident. The first type of damages, known as special damages, has a dollar value that can be easily calculated. Items like medical bills or lost wages as well as vehicle repairs are examples for special damages. The second type of damages, referred to as non-economic damages, is more difficult to quantify. They include things like pain and suffering.

In order to be eligible for compensation for non-economic losses, it is essential to to show that the injuries suffered were serious enough to merit such an award. This is a difficult job and the person who was injured must be represented by an attorney.

The loss of enjoyment is one of the most commonly reported non-economic losses. It is typically a financial amount that is a reflection of a diminished quality of living as a result accident-related injuries. This could include the inability of the victim to take part in activities that were once pleasurable, such as driving.

In rare cases, victims can sue for punitive damages. This kind of damages are designed to punish the defendant for an egregious violation and helps deter others from repeating the same actions in the future. Damages for punitive purposes are not available in all cases and a successful case relies on the evidence that proves the defendant acted with a conscious disregard for the safety of others.

Liability

If you are injured in an auto accident lawyers accident, the person responsible for your injuries is liable to pay you. This includes compensation for medical costs, property damages, lost income, and other damages, such as discomfort and pain. In most instances, the driver who caused a crash will be accountable. However, it's not unusual for both drivers to share some responsibility. Certain states follow what's known as comparative negligence laws. jurors determine the percentage of fault each driver is responsible for and adjust the damages awarded accordingly.

It is crucial to demonstrate what transpired to an insurance company, or to a judge and jury. This is referred to as the burden of proof. The burden falls on the party making the claim - the plaintiff and it requires you to provide the evidence that demonstrates how your accident occurred.

A government entity can also be held responsible for an accident. This can occur when a roadway is poorly constructed or maintained and contributes to an accident. These types of claims are also referred to as roadway defect cases. These types of claims can also be brought by manufacturers. They could be held accountable for the defects in brakes, tires and mechanical failure.

At-fault driver citations

An officer will usually determine the cause of an incident by looking at the scene of the accident and interviewing witnesses. If they suspect that a driver is in violation of traffic laws, they might issue a ticket. Insurance companies can also use police reports to determine the fault.

Following an accident, it is normal for drivers to stare at each one another. This can be harmful. Apart from giving the other driver a negative impression it could lead to an admission of guilt that can be used against you in court.

In the majority of car accidents there are usually two or more parties sharing a portion of blame. Many states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of blame. An insurance adjuster can sometimes apply a traffic citation to increase a claimant's percentage blame in an accident, which may reduce their settlement for their injuries.

The fact that someone is mentioned in a vehicle accident could be evidence that they caused the accident. However, it's not an assurance 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. This includes witness testimony, evidence from the scene of the accident, and medical records detailing your injuries.

Police reports

When police officers arrive at a car accident site and are asked to fill out an official report. These reports contain both the facts and opinions of the officers who were on the scene at the time of the collision. This is an important document to be included in any claim for auto accidents. Insurance companies will scrutinize the report in order to determine the cause of the accident and to pay compensation to injured parties.

Based on the jurisdiction, police reports are admissible or not. The police report contains statements that aren't sworn in as witnesses. These statements have to fall under an exception to the hearsay law in order to be used as evidence.

A typical police report includes information about the car, driver and the victims involved in the crash, along with the details of the incident and any evidence that was found at the scene. Many police reports also contain the officer's opinion on the circumstances of the crash and who is most responsible for the incident.

Even if there is no indication that you are injured, it's in your best interests to file a police accident report even if the incident appears to be minor. Not all injuries are apparent in a hurry and having a solid record can be a huge help in helping you claim the compensation you deserve for your medical expenses.