Auto Accident Legal Matters

Contact an experienced attorney immediately in the event that you've been injured in a car accident. Your lawyer can help you learn about your rights and help you get the compensation you deserve.

All drivers are accountable for adhering to traffic laws. If they violate that duty and cause injury, they can be held responsible.

Damages

In general, there are two different types of damages that may result from an auto accident. The first kind of damage called special damages, has the value of a dollar that can be easily determined. Special damages include medical expenses as well as lost wages and repairs to vehicles. The second type, referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering.

In order to be compensated for non-economic losses it is necessary to show that your injuries were serious enough to warrant this award. This is a challenging task and the injured party must be represented by an attorney.

Loss of enjoyment is one of the most common non-economic damages. It is usually a monetary sum that reflects the reduced quality of life due to accident-related injuries. This also is the inability to participate in certain activities, like driving, which were once enjoyable.

In a few cases victims may be able to claim punitive damages. This type of damage is designed to punish the defendant for a particularly indecent act and also to discourage other people from doing the same in the future. Punitive damages may not be available in all cases, and a successful claim depends on the evidence that proves the defendant committed a crime with a clear disregard for other people's safety.

Liability

If you're injured in a car accident the person who caused the injuries you sustained is responsible to pay you. This includes money for your 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 instances, the driver who caused a crash will be accountable. However, it's not uncommon for the two drivers to share some responsibility. Some states have laws that are called comparative negligence. In these cases, the jury decides on the percentage of each driver and adjusts the amount of damage according to the percentage.

It is essential to prove what happened to an insurance company or to a jury or judge. The burden of evidence is what we refer to it. The plaintiff is responsible for the burden of proof. You must present evidence to prove that your accident happened.

A government entity can be liable for an accident. This can happen when a roadway is poorly constructed or maintained and causes an accident. These claims are also called roadway defect cases. These kinds of claims could also be brought by manufacturers. They could be held liable for defects such as brakes, tires and mechanical failures.

At-fault driver citations

Usually, a police officer can determine who caused an accident by looking at the scene of the crash and questioning witnesses. If they suspect that a driver has broken traffic laws, they could issue a ticket. Insurance companies also look at police reports to determine the cause of the incident.

It is normal for drivers to blame each other following an accident. This can be detrimental. Besides giving the other driver a bad impression, it could lead to an admission of guilt that could be used against you in court.

In the majority of car accidents there are two or more people who share a percentage of blame. Many states have modified comparative-fault rules that allow claimants to recover damages less their proportion of fault. An insurance adjuster can sometimes apply a traffic citation to increase the percentage of fault in the accident, which could limit their compensation for their injuries.

The fact that someone is mentioned in the aftermath of a car accident could be powerful evidence that they were the cause of the crash. It's not an assurance that a personal injury case will be successful. Depending on the circumstances of your case, you may require additional types of evidence to prove that the negligence of another driver caused harm to you. You will need witness testimony, evidence from the accident scene and medical records to show your injuries.

Police reports

When police officers arrive at a crash site and are asked to fill out an official report. These reports include both the facts and opinions that were taken note of by the officers who were on the scene at the time the accident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will also look over the report for fault and auto accidents compensation.

According to the jurisdiction, police reports may or may not be considered admissible in court. The main reason is that the police report includes statements made by people who are not sworn witnesses in court. These statements must be included in an exception to the hearsay law in order to be used as evidence.

A typical police report contains details about the driver, vehicles involved and the victims in the crash along with a description of what happened and auto accidents any evidence discovered on the scene. A majority of police reports contain the officer's opinions on the cause of the accident and who's responsible for the incident.

If you are not hurt however, it is the best option to always make a police report of any accident you're involved in even if it seems to be a minor. Not all injuries show up right away, and having solid documentation can help in helping you claim the compensation you deserve for your medical expenses.