auto accident lawsuits Accident Legal Matters

Contact an experienced 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.

All drivers are required to observe traffic laws. If they do not comply with this duty and cause injury, they can be held responsible.

Damages

In general there are two kinds of damages that can result from an accident. The first type called special damages, have the value of a dollar that is easily calculated. Special damages are medical bills, lost wages and repairs to vehicles. The second type, which is referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.

To be able to claim compensation for non-economic losses it is necessary to to demonstrate that the injuries suffered were severe enough to merit the amount. This is a daunting task and the injured person must be represented by an attorney.

Loss of enjoyment is one of the most frequent non-economic damages. This is usually a financial amount that represents a lower quality of life due to injuries sustained in accidents. This includes the inability of the victim to participate in activities that were once pleasurable like driving.

In some cases, victims can claim punitive damages. This kind of compensation is intended to punish the defendant and discourage future acts that are just as bad. The possibility of punitive damages is not available in all cases, and a successful claim relies on the strength of evidence that proves the defendant acted with conscious disregard for the safety of others.

Liability

If you are injured in an automobile accident, the person or entity responsible for the injuries you sustained will be responsible to pay you compensation. This includes reimbursement for medical expenses, property damages, lost income, and other damages that include pain and discomfort. In the majority of cases, it will be the driver that caused the accident. It is not uncommon for two drivers to share blame. Some states have laws called comparative negligence, where jurors determine the proportion of each driver's share and adjusts the amount of damage in proportion.

It is vital that you can demonstrate to the satisfaction an insurance company or jury or judge what took place. This is known as the burden of evidence. The burden is shifted to the person making the claim - the plaintiff - and requires you to present the evidence that demonstrates how your accident happened.

A government entity can be liable for an accident. This can happen when a roadway has been poorly designed or auto accident maintained and this contributes to an accident. These are also referred to as roadway defect cases. Sometimes, manufacturers are at fault in these kinds of claims as well. They could be held accountable for car-related defects such as brakes, tires and mechanical failure.

At-fault driver citations

An officer will often be able to determine who caused an incident by looking at the scene of the accident and interviewing witnesses. They might issue an accusation if they believe the driver was in violation of traffic laws. Insurance companies may also use police reports to determine the fault.

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

In most car accidents, there are usually two or more parties sharing a portion of blame. The majority of states have modified comparative fault rules that allow claimants to recover damages less their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the claimant's percentage at fault in an accident. This could decrease the potential payout for injuries.

The fact that a person is cited in a car crash could be proof that they caused the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Depending on the situation other evidence may be required to establish that the other driver was negligent and caused injury to you. This could include witness testimony, evidence from the scene of the accident and medical records detailing your injuries.

Police reports

When police officers arrive at a vehicle accident site and are asked to fill out an official report. These reports include both the information and opinions recorded by the officers at the scene when the accident took place. This is a vital document for any claim involving an auto accident. Insurance companies will scrutinize the report as well to help determine fault and the amount of compensation for injured parties.

Based on the location, police reports are admissible in court or not. The police report may contain statements that aren't legally sworn as witnesses. In order for these statements to be used in a legal matter they must be covered by one of the hearingsay exceptions under law.

A typical police report includes details about the driver's identity, the vehicles involved and the victims in the crash as well as an account of what transpired and any evidence discovered on the scene. Many police reports include an officer's view on the cause of the accident and who is at fault.

Even if you don't feel injured, it is still beneficial to make a police report even if the incident seems to be minor. It is crucial to document the incident because not all injuries are evident immediately.