auto accident attorney Accident Legal Matters

Contact an experienced attorney immediately If you've suffered injuries in a car accident. Your attorney can help you know your rights and obtain the compensation you are entitled to.

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

Damages

In general, there are two types of damages that may result from a car crash. The first, known as special damages, have a specific dollar value that is easy to determine. Special damages include medical expenses, lost wages and vehicle repairs. The second type of damage, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.

To be able to claim compensation for non-economic losses it is essential to to show that the injuries suffered were severe enough to merit the amount. This is a daunting task and the person who was injured should be represented by an attorney.

One of the most prevalent kinds of non-economic damages is the loss of enjoyment in life. In general, this is a monetary sum that reflects the reduced quality of life that is experienced due to injuries resulting from accidents. Also, it can result in the inability of participating in certain activities, like driving that were once enjoyable.

In rare cases victims may be able to seek punitive damages. This type of damage is intended to punish the defendant for a particularly egregious act and helps deter others from similar acts in the future. Damages for punitive intent may not be available in all instances. A successful claim requires evidence that the defendant's actions were carried out with conscious disregard for the safety of others.

Liability

When you are injured in a car accident, the person or entity responsible for your injuries is liable to pay you compensation. This includes reimbursement for medical expenses or property damage, loss of income, as well as non-economic damages that include pain and discomfort. In most cases, the person who caused the crash will be responsible. It is not uncommon for the two drivers to share the blame. Some states apply what's known as comparative negligence laws. jurors will determine the percentage of fault each driver is responsible for and adjust the damage amount in proportion.

It is crucial that you can demonstrate what transpired to an insurance company or to a jury or judge. The burden of evidence is what we call it. The plaintiff bears the burden of proof. You must present evidence to prove that your accident happened.

Another kind of case that can be filed is when a government institution is accountable for the accident. This can occur when a roadway is poorly constructed or maintained and causes an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are responsible in these types of claims too. They may be liable for car defects like brakes, tires and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who caused the accident by studying the scene of the crash and speaking with witnesses. They can issue a ticket if they think a driver violated traffic laws. Insurance companies may also look at police reports to identify the source of the fault.

After an accident, it's normal for drivers to point at each other. However, this can be detrimental. This may not only give the driver behind you a bad impression, but it could also cause you to confess guilt in court.

Most car accidents involve two or more people who share a certain amount of blame. A majority of states have modified comparative-fault rules that allow claimants to recover damages less their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant responsible for an accident. This could decrease the possibility of a payout for injuries.

The fact that a person is cited in a car crash could be a strong proof that they are responsible for the accident. It's not an assurance that a personal injury case will be successful. Depending on the situation, other types of evidence may be needed to show that the other driver was negligent and caused injury to you. This includes witness testimony, evidence taken from the site of the accident, as well as medical records detailing your injuries.

Police reports

If law enforcement officers are at an accident scene they will complete an official police report. The reports will contain both facts and opinions noted by the officers on the scene at the time of the accident. This is a crucial document for any auto Accident lawsuits accident claim. Insurance companies will study the report as well to help determine the fault and compensate the parties who have been injured.

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

A typical police report includes details about the driver's identity, the vehicles and the people involved in the crash along with an account of the incident and any evidence found on the scene. A majority of police reports contain an officer's opinion on the reason for the accident and who is at fault.

If you're not injured however, it is ideal to always submit a police report after any accident you're involved in even if it seems to be minor. Documentation is important since there aren't all injuries obvious immediately.