Auto Accident Legal Matters

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

All drivers have a duty to follow traffic laws. If they fail to do so and cause harm, they are liable.

Damages

In general there are two distinct types of damages that can result from an accident. The first type, referred to as special damages, have a clear dollar value that is easy to determine. Special damages include medical bills loss of wages, vehicle repairs. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.

In order to receive 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 injured party must be represented by an attorney.

The loss of enjoyment is among the most common non-economic damages. This is usually a monetary amount that indicates a decreased quality of living due to injuries sustained in accidents. This also is the inability to participate in certain activities, like driving, that used to be enjoyable.

In a few cases victims may sue for punitive damages. This type of damage is designed to punish the perpetrator for a particular sloppy act and helps deter others from similar acts in the future. Punitive damages may not be available in all cases. A successful claim will require evidence that the defendant's actions were carried out with conscious disregard for the safety of others.

Liability

If you are injured in an accident involving a vehicle the person responsible for your injuries is accountable to compensate you. This includes compensation for medical expenses and property damage, as well as loss of income as well as non-economic damages like pain and suffering. In the majority of cases, the person who caused the crash will be accountable. It is not uncommon for two drivers to share responsibility. Certain states have what are called comparative negligence laws. In these, jurors determine each driver's percentage of fault and adjust the damages awarded according to that.

It is important that you demonstrate to the satisfaction of an insurance company or jury or judge what took place. The burden of evidence is what we refer to it. The plaintiff bears the burden of proof. You have to provide evidence to prove that the incident occurred.

A government agency can also be held responsible for an accident. It can happen when a roadway is poorly designed or maintained and this causes 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 held accountable for defects in cars like brakes, tires and mechanical failure.

At-fault driver citations

An officer will often be able to determine the cause of an incident by analyzing the accident scene and interviewing witnesses. They might issue an order if they believe a driver violated traffic laws. Insurance companies may also rely on police reports to determine the fault.

It is natural for drivers to point fingers at each other following an accident. This can be harmful. Besides giving the other driver a bad impression, it could result in an admission of guilt that can be used against you in court.

The majority of car accidents be caused by two or more people who share some degree of blame. Many states have modified comparative-fault rules that allow claimants to recover damages less their proportion of blame. A traffic citation may be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This can reduce the chance of recovering compensation for injuries.

The fact that a person is mentioned in a car crash can be strong evidence that they caused the accident. It's not any guarantee that a personal injury case will be successful. Based on the circumstances of your case other evidence could be required to prove that the other driver was negligent and caused injury to you. You will need witness testimony, evidence at the scene of the accident and medical documents to prove your injuries.

Police reports

When law enforcement officers visit the scene of a car accident they will complete an official police report. These reports contain both the facts and opinions of the officers who are on scene at the time of the accident. This is a crucial document to be used in any auto accident claim. Insurance companies will examine the report in order to help determine fault and the amount of compensation for injured parties.

Depending on the location, police reports are admissible or not. The reason for this is that the police report contains statements made by people who are not sworn witnesses in court. To be able to be considered as evidence in a legal context they must be covered by one of the hearingsay exceptions under law.

A typical police report contains details about the driver, the vehicles and the victims involved in the accident along with an account of what transpired and any evidence found on the scene. Many police reports also include the officer's views on the circumstances of the crash and who's to blame for it.

Even if you don't feel injured, it's recommended to make a police report even if the incident seems to be minor. Not all injuries show up immediately and having a thorough record can make a big difference in helping you get the money you deserve for medical expenses.