Auto Accident Legal Matters

Contact an experienced attorney immediately if you have been injured in a car accident. An attorney can explain your rights and help you receive the compensation you are entitled to.

All drivers have a duty to abide by traffic laws. When they breach that duty and cause injury, they can be held responsible.

Damages

In general, there are two types of damage that can result from a car crash. The first type of damages known as special damages, have a dollar value that is easily calculated. Things like medical expenses or lost wages as well as repairs to vehicles are examples of special damages. The second type of damage, also known as non-economic damage is more difficult to quantify. They include things like suffering and pain.

To be eligible for vehicle compensation for noneconomic losses, you must be able demonstrate that your injuries were severe enough to warrant an award. This is a challenging task and the victim should be represented by an attorney.

The loss of enjoyment is among the most common non-economic damages. It is typically 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 were once enjoyable.

In some cases victims could be capable of suing for punitive damage. The purpose of this type of damage is intended to punish the defendant and discourage future acts that are as egregious. The punitive damages might not be available in all cases. A successful claim will require evidence that the defendant acted with conscious disregard for the safety of others.

Liability

If you suffer injuries in an accident in a car the person or organization responsible for your injuries will be liable to compensate you. This includes compensation for medical costs or property damage, loss of income, and any other non-economic damage that include pain and discomfort. In most cases, this will be the driver who caused the crash. However, it's not uncommon for both drivers to share a portion of the blame. Certain states have laws that are called comparative negligence. a jury determines the proportion of each driver's share and adjusts the damage award according to the percentage.

It is essential that you can show to the satisfaction an insurance company or a jury or judge what took place. The burden of proof is what we call it. The burden falls on the person making the claim - the plaintiff - and it requires you to provide evidence of how your accident happened.

A government agency can also be held responsible for an accident. This can happen when a road is not properly designed or maintained and this results in an accident. These kinds of claims are also referred to as roadway defect cases. Sometimes, manufacturers are accountable in these kinds of claims too. They may be liable for the defects in cars, such as brakes, tires and vehicle mechanical failure.

At-fault driver citations

Most of the time, police officers can determine who was the cause of an accident by looking at the scene of the accident and interviewing witnesses. They may write an order if they believe a driver violated traffic laws. Insurance companies may also rely on police reports to determine fault.

It is natural for drivers to blame each other after an accident. This can be detrimental. This may not only give the driver in front of you a bad impression however, it could also cause you to confess guilt in court.

In most car accidents, there are two or more people who share a percentage of blame. Many states have modified comparative-fault rules that permit claimants to receive damages that are less than their share of fault. An insurance adjuster might utilize a traffic ticket to increase the percentage of responsibility for the accident, which could limit their payment for injuries.

The fact that someone is cited in the aftermath of a car accident could be a strong proof that they were the cause of the crash. It is not a guarantee that a personal injury lawsuit will be successful. Depending on the situation, other types of evidence may be required to establish that the other driver was negligent and caused injury to you. This includes witness testimony, evidence at the scene of the accident as well as medical records regarding your injuries.

Police reports

When law enforcement officers visit an accident scene, they will fill out an official police report. The reports include both information and opinions that are compiled by officers who were on the scene at the time of the accident. This is a vital document for any auto accident lawyer accident claim. Insurance companies will also review the report to determine fault and compensation.

Depending on the location, police reports are admissible in court or not. The police report includes statements that aren't legally sworn as witnesses. These statements have to fall under an exception to the law of hearsay in order to be used as evidence.

A typical police report includes information about the vehicle, driver, and victims involved in the crash, along with the details of the incident and any evidence that was discovered at the scene. The majority of police reports include the officer's views on how the accident occurred and who's to blame.

If you are not hurt, it is the best option to always submit a police report after any accident that you are involved in even if it seems to be minor. Documentation is important because not all injuries are visible immediately.