Auto Accident Legal Matters

If you've been injured in an auto accident, call an experienced attorney as soon as you can. Your attorney will explain your rights and help you get the compensation you are entitled to.

All drivers are responsible for obeying traffic laws. If they fail to do so and cause harm, they are accountable.

Damages

Generally speaking there are two kinds of damage that can result from a car crash. The first type known as special damages, have a dollar value that can be easily calculated. Things like medical expenses, lost wages, and vehicle repair are examples of special damages. The second kind of damage that are referred to as non-economic damage is more difficult to quantify. These include things such as suffering and pain.

To be able to claim compensation for non-economic losses, it is essential to be able to show that the injuries suffered were serious enough to merit such an award. This is a challenging task and the injured party should be represented by an attorney.

Loss of enjoyment of life is among the most frequently reported non-economic damages. This is usually a financial amount that represents a lower quality of life due to injuries caused by accidents. Also, it includes the inability to participate in certain activities, such as driving, that were once enjoyable.

In a few cases victims can seek punitive damages. This kind of damages are intended to punish the defendant for a particular sloppy act and to deter others from repeating the same actions in the future. Punitive damages may not be available in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for the safety of others.

Liability

If you suffer injuries in an auto accident lawyers accident the person who caused your injuries is responsible to compensate you. This includes compensation for medical expenses, property damages, lost income, and other damages such as discomfort and pain. In most instances, the driver who caused the accident will be the one responsible. It is not unusual for two drivers to share the blame. Some states have laws that are called comparative negligence. a jury determines each driver's percentage and adjusts the damages awarded in proportion.

It is crucial that you prove what happened to an insurance company or to a judge and jury. This is referred to as the burden of evidence. The burden is placed on the person making the claim, which is the plaintiff and requires you to provide the evidence that demonstrates how your crash occurred.

A government entity can also be held responsible for an accident. This could be the case when a road is poorly maintained or designed and causes an accident. These are also known as road defect cases. These kinds of claims can also be brought by manufacturers. They could be held accountable for the defects in 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. If they believe a driver has broken traffic laws, they can issue a citation. Insurance companies may also use police reports to determine the fault.

It is natural for drivers to blame one another after an accident. But, this can be detrimental. This may not only give the other driver a bad impression, but it could also cause you to admit guilt in court.

In most car accidents there are two or more parties that share a certain amount of fault. This is why most states use modified comparative blame rules that permit the claimant to recover damages that are less than their share of blame. An insurance adjuster might apply a traffic citation to increase the percentage of blame for the accident which could limit their payout for their 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. Based on the circumstances of your case you may require other forms of evidence to show that the other driver was negligent and caused you harm. This could include witness testimony, evidence at the scene of the accident, and medical records regarding your injuries.

Police reports

When law enforcement personnel attend a car accident scene they will fill out an official police report. These reports contain both the facts and opinions gathered by officers on the scene at the time of the collision. This is a vital document to be used in any auto accident claim. Insurance companies will scrutinize the report in order to determine the fault and compensate the parties who have been injured.

Based on the jurisdiction, police reports may or may not be considered admissible to court. The reason for this is that the police report contains statements from people who aren't witnesses in court. To allow these statements to be used in a legal case they must fall within one of the exemptions to hearsay law.

A typical police report contains information about the driver, the vehicles involved and the victims in the crash, as well as an account of what transpired and any evidence found at the scene. Many police reports also include the officer's views on how the crash happened and who's responsible for the incident.

Even if you don't feel injured, it is still in your best interests to file a police accident claim even if the incident seems minor. Documentation is essential because not all injuries are visible right away.