Auto Accident Legal Matters

Contact a seasoned attorney immediately in the event that you've been injured in a car accident. Your lawyer can assist you to understand your rights and receive the compensation that you are entitled to.

Every driver is responsible to obey traffic laws. When they breach that duty and cause harm, they are liable.

Damages

In general there are two kinds of damages that may result from a car accident. The first, referred to as special damages, have a clear dollar amount that is easy to determine. Things like medical bills loss of wages, vehicle repairs are examples for special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.

To receive compensation for noneconomic losses you must show that your injuries were serious enough to warrant an award. This is a challenging task and the injured person should be represented by an attorney.

One of the most common kinds of non-economic damages is the loss of enjoyment of life. In general, this is an amount of money that represents the lower quality of life resulting as a result of injury caused by an accident. Also, it can result in the inability of participating in certain activities, such as driving, which were once enjoyable.

In a few cases victims may be able to sue for punitive damages. This kind of compensation is intended to punish the defendant and discourage future acts that are as egregious. Punitive damages may not be available in all instances. A successful claim will require strong evidence that the defendant acted with a conscious disregard for others' safety.

Liability

If you are injured in an auto accident the person who caused your injuries is liable to pay you. This includes money for medical expenses or property damage, as well as loss of income and noneconomic injuries like suffering and pain. In the majority of cases, it is the driver who caused the crash. It is not uncommon for two drivers to share responsibility. Certain states have what are known as comparative negligence laws, where jurors determine each driver's percentage of fault and adjust the damage award in proportion.

It is crucial that you prove to the satisfaction of an insurance company or a juror or judge that the incident occurred. The burden of evidence is what we refer to it. The burden is shifted to the person who is making the claim, which is the plaintiff and requires you to present evidence of how your crash happened.

A government entity could also be held responsible for an accident. This can occur when a road is not properly constructed or maintained and results in an accident. These types of claims are also known as road defect cases. Sometimes, the manufacturers are responsible in these kinds of claims as well. They may be liable for car-related defects such as tires, brakes and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine the cause of an accident by studying the scene of the accident and interviewing witnesses. They can issue an order if they believe a driver violated traffic laws. Insurance companies may also rely on police reports to determine fault.

Following an accident, it's normal for auto accident drivers to stare at each one another. This can be detrimental. It could not only leave the driver in front of you a bad impression but could also result in you committing a crime in court.

Most car accidents can involve two or more people who share a portion of responsibility. This is the reason why most states follow modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their proportion of fault. An insurance adjuster might use a traffic citation to increase a claimant's share of blame in an accident, which could limit their compensation 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 a personal injury lawsuit. Depending on your case, other types of evidence could be required to establish that the other driver was negligent and caused injury to you. This could include witness testimony, evidence from the site of the accident, as well as medical records regarding your injuries.

Police reports

When police officers arrive at a vehicle accident site they will fill out an official report. These reports contain both facts and opinions that are compiled by officers who were on the scene at the time of the accident. This report is essential for any auto accident lawsuits accident claim. Insurance companies will also review the report to determine fault and the amount of compensation.

Based on the jurisdiction, police reports are admissible in court or not. The police report contains statements of people who haven't been legally sworn as witnesses. In order for these statements to be considered as evidence in a legal matter, they must fall under one of the hearingsay exceptions under law.

A typical police report contains details about the driver, vehicles and the victims involved in the crash and the details of what happened and any evidence that was found on the scene. A majority of police reports also include officers' opinions on what caused the crash and who is the most to blame for it.

Even if you don't feel injured, it's recommended to submit a police accident report even if the incident seems to be minor. It is crucial to document the incident because not all injuries are visible right away.