auto accident lawsuits Accident Legal Matters

Get in touch with an experienced attorney as soon as possible if you have been injured in a car accident. Your lawyer can assist you to understand your rights and receive the compensation that you are entitled to.

All drivers have a duty to abide by traffic laws. They can be held accountable if they breach this duty and cause harm.

Damages

Generally speaking there are two kinds of damages that could result from a car crash. The first type of damage called special damages, comes with the value of a dollar that can be easily calculated. Things like medical bills, lost wages, and repair work on vehicles are examples of special damages. The second type of damage, referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering.

To receive compensation for losses that are not economic, auto accidents it is necessary to to prove that the injuries sustained were severe enough to merit the award. This is not an easy task and the injured party must be represented by a lawyer.

One of the most prevalent kinds of non-economic damages is the loss of enjoyment of life. This is usually a financial amount that reflects a reduced quality of life due to injuries caused by accidents. This also involves the inability to take part in certain activities, such as driving, that used to be enjoyable.

In a few cases victims may be allowed to sue for punitive damage. This kind of damages are designed to penalize the defendant for an egregious violation and to deter others from similar acts in the future. Punitive damages are not offered in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for others' safety.

Liability

If you are injured in a car accident the person responsible for your injuries is responsible to pay you. This includes compensation for medical costs, property damages, lost income, as well as non-economic damages such as discomfort and pain. In the majority of cases, the driver that caused the crash will be accountable. However, it is not unusual for both drivers to share a portion of the blame. Some states have laws that are called comparative negligence. In these cases, a jury determines the respective percentages of each driver and adjusts the amount of damage according to the percentage.

It is crucial to show to the satisfaction an insurance company, jury or judge what happened. This is referred to as the burden of evidence. The burden is placed on the person who makes the claim - the plaintiff - and it requires you to present proof of how the accident happened.

Another kind of case that may be filed is when a government agency is accountable for the accident. This can occur when a roadway has been poorly constructed or maintained and causes an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are responsible in these kinds of claims too. They could be held accountable for defects like brakes, tires, and mechanical failures.

At-fault driver citations

An officer will usually determine the cause of an incident by analyzing the scene of the accident and interviewing witnesses. If they suspect that a driver has broken traffic laws, they could issue a ticket. Insurance companies may also use police reports to determine fault.

It is common for drivers to blame one another following an accident. This can be harmful. Besides giving the other driver a negative impression, it could result in an admission of guilt, which could be used against you in court.

In most car accidents there are usually two or more parties who share some level of responsibility. Most states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant fault in an accident. This could reduce the chance of recovering compensation for injuries.

The incident that someone is cited after a car accident may be powerful evidence that they were the cause of the crash. It is not an assurance that a personal injury lawsuit will be successful. Depending on the circumstances of your case you may require additional types of proof to prove that an other driver was negligent and caused you harm. Witness testimony, evidence from the auto accident scene and medical documents to prove your injuries.

Police reports

When police officers arrive at a crash site they complete an official report. These reports include both details and opinions noted by the officers on the scene when the accident took place. This is an important document to be included in any claim for auto accidents. Insurance companies will also examine the report to determine fault and the amount of compensation.

Based on the jurisdiction, police reports could or might not be accepted in court. The main reason for this is that the police report contains statements by people who aren't sworn witnesses in court. These statements must fall within an exception to the law of hearsay to be used as evidence.

A typical police report will include details about the car, driver, and victims involved in the crash, as well as an account of the accident and any evidence that was discovered at the scene. A majority of police reports contain the officer's opinion about the reason for the accident and who's to blame.

Even if you're not injured, it is still recommended to make a police report even if the incident appears to be minor. Documentation is essential because not all injuries are evident immediately.