Auto Accident Legal Matters

If you've suffered injuries in an auto accident lawyer accident, call an experienced attorney as soon as you can. Your lawyer can assist you know your rights and obtain the compensation you deserve.

All drivers are responsible for obeying traffic laws. They are accountable if they break this duty and cause harm.

Damages

In general there are two distinct types of damages that may result from an accident. The first, called special damages, have a clear dollar value that is easy to determine. Examples of special damages include medical bills or lost wages as well as repairs to vehicles are examples of special damages. The second type, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.

In order to be eligible for compensation for non-economic losses it is essential to be able to prove that the injuries sustained were serious enough to merit the award. This is not an easy task and the person who was injured should be represented by an attorney.

Loss of enjoyment is among the most frequent non-economic damages. It's usually a financial amount that represents a lower quality of living due to injuries sustained in accidents. This also can result in the inability of participating in certain activities, auto accidents like driving that were once enjoyable.

In rare cases victims may be able to pursue punitive damages. These damages are intended to penalize the defendant and discourage any further actions that are as egregious. Damages for punitive purposes are not available in every case and a successful claim depends on strong evidence showing that the defendant acted with conscious disregard for the safety of others.

Liability

If you're injured in a car accident the person who caused your injuries is responsible to pay you. This includes compensation for medical expenses and property damage, as well as loss of income, and other non-economic damages like suffering and pain. In the majority of cases, the driver that caused a crash will be responsible. It is not unusual for two drivers to share blame. Some states follow what is called comparative negligence laws. In these, a jury will determine the respective percentage of blame for each driver and adjust the damage award according to that.

It is essential to prove what happened to an insurance company or to a jury or judge. This is known as the burden of evidence. The plaintiff has the burden of proof. You must provide evidence to prove that your accident happened.

A government entity could also be held accountable for an accident. This could happen when a roadway is poorly constructed or maintained, and this contributes to an accident. These claims are also called roadway defect cases. Sometimes, manufacturers are accountable in these kinds of claims too. They may be held accountable for defects like brakes, tires and mechanical failure.

At-fault driver citations

An officer will often be able to determine who caused an incident by analyzing the scene of the accident and interviewing witnesses. They may write tickets if they believe that a motorist violated traffic rules. Insurance companies could also use police reports to determine fault.

It is common for drivers to point fingers at one another following an accident. This can be detrimental. Besides giving the other driver a negative impression it could result in an admission of guilt that could be used against you in court.

In the majority of car accidents there are usually two or more parties sharing a portion of fault. Most states have modified comparative-fault rules that allow claimants to recover damages that are less than their share of blame. A traffic citation can be used by an insurance adjuster to increase the percentage of claimant fault in an accident. This can decrease the possibility of a payout for injuries.

The fact that someone is mentioned in a car accident could be evidence that they were the cause of the accident. It is not any guarantee that a personal injury claim will be successful. Depending on the circumstances of your case you may require other forms of evidence to prove the negligence of another driver caused you harm. Witness testimony, evidence at the accident scene and medical documents to prove your injuries.

Police reports

When law enforcement personnel attend the scene of a car crash they will fill out an official police report. These reports contain both the facts and opinions of the officers who were on the scene at the time of the accident. This is an important document to be included in any claim for auto accidents. Insurance companies will also look over the report to determine the fault and amount of compensation.

According to the jurisdiction, police reports may or may not be considered admissible to court. The main reason is that the police report contains statements from people who aren't witnesses in court. These statements must fall under an exception to the hearsay law to be admissible as evidence.

A typical report from a police officer includes details about the driver, vehicles as well as the victims of the crash, along with a description of the incident and any evidence that was found at the scene. A majority of police reports contain the officer's opinion about the cause of the accident, and who is at fault.

If you are not hurt, it is ideal to always complete a police investigation for any accident you're involved in even if the incident appears to be minor. Documentation is important because there aren't all injuries evident immediately.