Auto Accident Legal Matters

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

All drivers are required to abide by traffic laws. If they do not comply with this duty and cause harm, they are held accountable.

Damages

In general there are two distinct types of damages that can result from an auto accident. The first type known as special damages, has the value of a dollar that can be easily determined. Special damages can include medical bills, lost wages and vehicle repairs. The second kind of damages, referred to as non-economic damage is more difficult to quantify. These include things such as suffering and pain.

In order to receive compensation for non-economic losses, it is necessary to to prove that the injuries sustained were serious enough to merit the compensation. This is a daunting task, and the injured party should be represented by an attorney.

Loss of enjoyment is among the most frequently reported non-economic damages. It is typically a financial amount that is a reflection of a diminished quality of life due to injuries sustained in accidents. This includes the inability of the victim to engage in activities that were once pleasurable like driving.

In rare cases victims might be capable of suing for punitive damages. This type of loss is designed to punish the defendant for a particular sloppy act, and serves to deter other people from doing the same in the future. Punitive damages may not be 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 suffer injuries in an accident in a car, the person or entity responsible for your injuries will be liable to compensate you. This includes compensation for medical costs, property damages, lost income, and any other non-economic damage like discomfort and pain. In most cases, the driver that caused the crash will be responsible. It is not uncommon for the two drivers to share the blame. Some states have laws known as comparative negligence, in which the jury decides on the respective percentages of each driver and auto accidents adjusts the amount of damage accordingly.

It is crucial that you demonstrate what transpired to an insurance company or to a judge and jury. The burden of proof is what we call it. The burden is placed on the person making the claim, which is the plaintiff and requires you to present the evidence that demonstrates how your crash occurred.

A government agency can also be held responsible for an accident. This can occur when a roadway isn't properly constructed or maintained and results in an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are accountable in these kinds of claims as well. They could be held responsible for defects like brakes, tires and mechanical failure.

At-fault driver citations

An officer will often be able to determine who was the culprit by analyzing the scene and interviewing witnesses. They might issue a ticket if they think a driver violated traffic laws. Insurance companies can also use police reports to determine fault.

Following an accident, it's normal for drivers to stare at each other. But, this can be harmful. It could not only leave the other driver a bad impression and could cause you to admit guilt in court.

In most car accidents there are at least two parties who share some level of fault. 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 share of blame. A traffic citation may be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This can decrease the possibility of a payout for injuries.

The fact that someone is mentioned after a car accident may be strong evidence that they caused the crash. It is not a guarantee that a personal injury case will be successful. Depending on your case, other types of evidence could be required to demonstrate that the driver was negligent and injured you. This could include witnesses' testimony, evidence from the site of the accident, as well as medical records detailing your injuries.

Police reports

When police officers arrive at a crash site and are asked to fill out an official report. These reports include both the facts and opinions that were noted by the officers on the scene at the time the accident took place. This is a crucial document for any claim for auto accidents. Insurance companies will examine the report to help determine the cause of the accident and to pay compensation to injured parties.

Based on the jurisdiction of the police, reports can or may not be considered admissible in court. The police report contains statements from people who aren't 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 exemptions to hearsay law.

A typical police report includes information about the driver, the vehicles and the people involved in the accident, as well as a description of what happened and any evidence found on the scene. A majority of police reports also include the officer's opinions about how the accident occurred and who's to blame for it.

Even if there is no indication that you are injured, it's the best option to submit a police accident report, even if the accident seems to be minor. It is crucial to document the incident because there aren't all injuries visible immediately.