auto accident attorney Accident Legal Matters

If you've been injured as a result of an automobile accident, consult an experienced attorney as soon as you can. Your attorney can explain your rights and assist you receive the compensation you are entitled to.

All drivers are accountable for adhering to traffic rules. They can be held accountable if they break this duty and cause harm.

Damages

In general there are two kinds of damages that may result from a car crash. The first type known as special damages, has an amount that can be easily calculated. Special damages are medical bills or lost wages, as well as repairs to vehicles. The second kind of damage which is referred to as non-economic damages, is more difficult to quantify. They include things like pain and suffering.

To receive compensation for noneconomic losses you must establish that your injuries were serious enough to warrant an award. This is not an easy task and the injured party should be represented by an attorney.

Loss of enjoyment is one of the most common non-economic damages. It's usually a financial amount that is a reflection of a diminished quality of life due to injuries caused by accidents. This could include the inability of the victim to participate in activities that were once enjoyable like driving.

In some cases victims could be allowed to sue for punitive damage. This type of damages is intended to penalize the defendant and discourage any further actions that are as egregious. Punitive damages may not be available in every case and a successful claim depends on strong evidence showing that the defendant was acting with conscious disregard for the safety of others.

Liability

If you're injured in an auto accident the person who caused your injuries is responsible to pay you. This includes compensation for medical costs or property damage, loss of income, and non-economic damages that include discomfort and pain. In the majority of instances, the driver who caused a accident will be responsible. However, it's not uncommon for both drivers to share some blame. Certain states have what are called comparative negligence laws. In these, the jury will decide each driver's percentage of fault and adjust the amount of damage in proportion.

It is crucial that you can prove what happened to an insurance company or to a jury or judge. This is referred to as the burden of proof. The burden is placed on the person making the claim, which is the plaintiff and demands that you provide the evidence that demonstrates how your crash occurred.

Another type of case that may be brought is when a government entity is the one responsible for the accident. This can occur when a highway is not maintained or constructed properly and contributes to an accident. These are also referred to as roadway defect cases. Sometimes, the manufacturers are responsible in these kinds of claims as well. They could be held accountable for defects in cars such as tires, brakes and mechanical failure.

At-fault driver citations

Most of the time, police officers can determine who caused the accident by analyzing the scene of the crash and speaking with witnesses. They may write an order if they believe that a motorist violated traffic rules. Insurance companies will also review police reports to help determine the cause of the incident.

After an accident, it's normal for drivers to glare at each other. This can be harmful. This may not only give the other driver a bad impression however, it could also cause you to admit guilt in court.

Most car accidents involve two or more individuals with varying degrees of blame. A majority of states have modified comparative-fault rules that permit claimants to receive damages that are less than their percentage of fault. An insurance adjuster might use a traffic citation to increase a claimant's share of blame for the accident which could reduce their potential compensation for their injuries.

The fact that a person is mentioned in a vehicle crash could be proof that they are responsible for the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case, you may need other types of proof to prove that another driver was negligent and caused harm to you. This includes witness testimony, evidence taken from the scene of the accident as well as medical records of your injuries.

Police reports

When police officers arrive at a vehicle accident site and are asked to fill out an official report. The reports will contain both facts and opinions noted by the officers who were on the scene at the time of the accident. It is an essential document to be used in any auto accident claim. Insurance companies will also look over the report for fault and compensation.

Based on the jurisdiction of the police, reports could be considered admissible in court. The police report may contain statements of people who haven't been legally sworn as witnesses. These statements must be included in an exception to the law of hearsay to be used as evidence.

A typical police report contains details regarding the driver, vehicles and the victims involved in the accident, as well as a description of what happened and any evidence found at the scene. Many police reports also contain officers' opinions on how the crash happened and auto accident who is the most responsible for the incident.

Even if you're not injured, it is still beneficial to make a police report even if the incident seems minor. Not all injuries show up right away and having a solid record can make a big difference in getting you the compensation you deserve for medical expenses.