auto accident law firms Accident Legal Matters

Contact an experienced attorney immediately in the event that you've been injured in a car accident. Your attorney will explain your rights and help you get the compensation that you are entitled to.

All drivers have a duty to observe traffic laws. They are held accountable if do not abide by this obligation and cause harm.

Damages

In general, there are two types of damages that can result from a car crash. The first kind of damage known as special damages, has a dollar value that is easily calculated. Special damages include medical expenses or lost wages, as well as repairs to vehicles. The second type of damages, referred to as non-economic damage, is more difficult to quantify. These include things like suffering and pain.

In order to be eligible for compensation for non-economic losses, it is necessary to to prove that the injuries suffered were serious enough to warrant the award. This is a challenging task and the injured party must be represented by a lawyer.

One of the most common kinds of non-economic damages is the loss of enjoyment of life. It is typically a financial amount that is a reflection of a diminished quality of living because of injuries resulting from accidents. This includes the inability for the victim to engage in activities that were once pleasurable like driving.

In rare cases victims may sue for punitive damages. This type of damage is designed to penalize the defendant for a particular sloppy act and helps deter others from doing similar things in the future. Punitive damages may not be offered in all cases. A successful claim will require evidence that the defendant acted with conscious disregard for others' safety.

Liability

When you are injured in a car accident, the person or entity responsible for your injuries will be held accountable to compensate you. This includes compensation for medical costs or property damage, loss of income, and any other non-economic damage, such as pain and discomfort. In the majority of cases, the driver that caused a crash will be responsible. However, it's not unusual for two drivers to share some responsibility. Some states have laws called comparative negligence. In these cases, jurors determine the proportion of each driver's share and adjusts the amount of damage in proportion.

It is vital that you demonstrate what transpired to an insurance company, or to a jury or judge. This is referred to as the burden of proof. The burden is shifted to the person who makes the claim - the plaintiff - and it requires you to provide evidence of how your accident occurred.

Another type of case that may be brought is when a governmental entity is responsible for the accident. This can occur when a roadway isn't properly constructed or maintained, and this results in an accident. These kinds of claims are also referred to as roadway defect cases. These types of claims may also be brought by manufacturers. They could be held responsible for defects such as brakes, tires, and mechanical failures.

At-fault driver citations

An officer will often be able to determine who was the culprit by looking at the scene of the accident and interviewing witnesses. If they suspect that a driver has violated traffic laws, they can issue a citation. Insurance companies could also use police reports to determine fault.

Following an accident, it is normal for drivers to point at each one another. This can be detrimental. Apart from giving the other driver a bad impression, it could result in an admission of guilt, which could be used against you in court.

In most car accidents there are at least two parties that share a certain amount of blame. This is why most states have modified comparative fault rules that allow the victim 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 fault in an accident. This can decrease the possibility of a payout for injuries.

The fact that a person is mentioned in a car crash could be proof that they were responsible for the crash. However, it's not an assurance of the outcome of an injury lawsuit. Based on the circumstances of your case the other evidence may be needed to show that the other driver was negligent and caused injury to you. This could include witnesses' testimony, evidence from the scene of the accident, and medical records detailing your injuries.

Police reports

If law enforcement officers are at an accident scene they fill out an official police report. The reports will contain both information and opinions recorded by the officers at the scene when the accident took place. This is a crucial document to be used in any auto accident law firms accident claim. Insurance companies will also examine the report to determine the fault and amount of compensation.

Based on the jurisdiction, police reports could be considered admissible in court. The police report includes statements from individuals who haven't been legally sworn as witnesses. These statements have to fall under an exception to the law of hearsay in order to be used as evidence.

A typical police report includes details about the driver's identity, the vehicles and victims involved in the crash as well as a description of what happened and any evidence found on the scene. Many police reports also contain officers' opinions on how the accident occurred and who is the most responsible for the incident.

If you are not hurt, it is recommended that you always make a police report of any incident you're involved in even if it appears to be a minor. Some injuries don't show up in a hurry and having a thorough record can make a big difference in helping you claim the amount you are due for medical expenses.