Auto Accident Legal Matters

Contact a seasoned attorney immediately when you've been injured in a car accident. Your attorney will explain your rights and help you get the compensation you need.

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

Damages

In general, there are two types of damages that may result from a car crash. The first kind of damage called special damages, comes with a value in dollars that is easily determined. Special damages include medical bills, lost wages and repairs to vehicles. The second type of damages which is referred to as non-economic damage, is more difficult to quantify. These include things like pain and suffering.

To receive compensation for non-economic losses, it is necessary to to prove that the injuries sustained were serious enough to warrant the amount. This is a difficult task and the person who was injured must be represented by a lawyer.

The loss of enjoyment is among the most common non-economic damages. This is usually a monetary amount that is a reflection of a diminished quality of living because of injuries resulting from accidents. This also includes the inability to participate in certain activities, such as driving, that were once enjoyable.

In rare instances, victims may be in a position to sue for punitive damages. This type of damages is intended to punish the perpetrator and deter any future actions that are equally egregious. The possibility of punitive damages is not available in every case, and a successful case relies on the evidence that proves the defendant acted with a conscious disregard for the safety of others.

Liability

If you're injured in an automobile accident the person or entity responsible for your injuries will be held accountable to compensate you. This will include money for medical expenses, property damage, loss of income as well as non-economic damages such as pain and suffering. In most instances, the driver who caused a accident will be the one responsible. It is not uncommon for two drivers to share responsibility. Certain states have laws called comparative negligence, where the jury decides on the proportion of each driver's share and adjusts the amount of damage in proportion.

It is vital that you prove what happened to an insurance company or Auto Accident to a jury or judge. This is referred to as the burden of evidence. The plaintiff is the one who bears the burden of proof. You must provide evidence to prove that the incident took place.

A government entity could be liable for an accident. This could occur when a highway is not maintained or constructed properly, and this contributes towards an accident. These types of claims are also known as road defect cases. These types of claims may also be brought by manufacturers. They could be accountable for defects in cars such as tires, brakes and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who was the cause of an accident by studying the crash scene and interviewing witnesses. If they believe that a driver has broken traffic laws, they may issue a ticket. Insurance companies will also review police reports to help them determine who is at fault.

After an accident, it is normal for drivers to stare at each other. However, this can be harmful. This may not only give the driver behind you a bad impression however, it could also cause you to confess guilt in court.

In most car accidents, there are two or more parties sharing a portion of responsibility. The majority of states have modified comparative fault rules that allow claimants to recover damages less their percentage of fault. An insurance adjuster may utilize a traffic ticket to increase a claimant's percentage blame for the accident which could reduce their potential compensation for their injuries.

The fact that a person is cited in a car crash can be strong evidence that they are responsible for the accident. It is not an assurance that a personal injury case will be successful. Depending on the circumstances of your case you may require other forms of evidence to prove an other driver was negligent and caused harm to you. This includes witnesses' testimony, evidence from the scene of the accident as well as medical records detailing your injuries.

Police reports

When officers from the police arrive at a crash site, they fill out an official report. The reports include both information and opinions of the officers present at the time of the collision. This report is essential for any auto accident law firm accident claims. Insurance companies will scrutinize the report as well to help determine the cause of the accident and to pay compensation to the parties who have been injured.

Depending on jurisdiction, police reports may or may not be accepted in court. The main reason is that the police report includes statements made by people who aren't witnesses in court. These statements must be included in an exception to the law of hearsay in order to be used as evidence.

A typical police report contains information regarding the driver, vehicles involved and the victims in the accident as well as a description of what happened and any evidence discovered on the scene. A majority of police reports also include officers' opinions on how the crash happened and who is the most to blame for it.

Even if you don't feel injured, it's recommended to file a police accident report even if the incident seems minor. Some injuries don't show up right away and having evidence can go a long way toward helping you claim the compensation you're entitled to for your medical expenses.