Auto Accident Legal Matters

Contact an experienced attorney immediately when you've been injured in a car accident. Your lawyer can explain your rights and assist you receive the compensation you need.

All drivers have a duty to follow traffic laws. They are accountable if they breach this duty and cause harm.

Damages

In general there are two types of damages that may result from a car accident. The first kind of damage known as special damages, comes with a value in dollars that can be easily determined. Special damages can include medical bills or lost wages, as well as vehicle repairs. The second kind, referred to as non-economic damages are more difficult to quantify. They 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 severe enough to merit the amount. This is a difficult task and the person who was injured should be represented by a lawyer.

The loss of enjoyment is one of the most commonly reported non-economic losses. This is usually a financial amount that represents a lower quality of living because of injuries resulting from accidents. This could include the inability of the victim to engage in activities that were once pleasurable, such as driving.

In a few cases victims might be capable of suing for punitive damage. This type of damage is designed to punish the defendant for a particular sloppy act and to deter others from similar acts in the future. Punitive damages are not available in all cases. A successful claim requires evidence that the defendant was acting with conscious disregard for the safety of others.

Liability

If you suffer injuries in a car accident the person or organization responsible for your injuries will be held accountable to compensate you. This includes reimbursement for medical expenses or property damage, loss of income, and non-economic damages like pain and discomfort. In most cases, the driver that caused a crash will be responsible. It is not uncommon for two drivers to share responsibility. Some states apply what's called comparative negligence laws where jurors will determine the percentage of fault each driver is responsible for and adjust the damages awarded according to that.

It is crucial to show to the satisfaction an insurance company or jury or judge what took place. This is referred to as the burden of proof. The burden is shifted to the person who is making the claim, namely the plaintiff and requires you to present evidence of how your accident happened.

Another kind of case that could be brought is when a government entity is the one responsible for the accident. This can happen when a road is not properly maintained or designed and causes an accident. These claims are also called road defect cases. These kinds of claims could also be brought by manufacturers. They may be liable for the defects in cars, like brakes, tires and [Redirect-302] mechanical failure.

At-fault driver citations

An officer will usually 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 take a look at police reports to determine fault.

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

Most car accidents involve two or more individuals who share a certain amount of blame. The majority of states have modified comparative fault rules, which permit claimants to receive damages that are less than their percentage of fault. An insurance adjuster might utilize a traffic ticket to increase a claimant's share of blame in an accident, which can reduce their payout for their injuries.

The fact that someone is mentioned in a car crash can be strong evidence that they caused the accident. However, it's not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case, you may require other forms of evidence to prove that another driver was negligent and caused harm to you. You will need witness testimony, evidence from the scene of the accident, and medical documents to prove your injuries.

Police reports

When law enforcement officers attend an accident scene they will complete an official police report. The reports will contain both facts and opinions of the officers on the scene at the time of the crash. This is a crucial document to be included in any claim for auto accident accidents. Insurance companies will study the report in order to help determine the fault and compensate the victims.

Based on the location, police reports are admissible or not. The police report contains statements of people who haven't been sworn in as witnesses. In order for these statements to be considered as evidence in a legal proceeding they must fall under one of the exceptions to hearsay law.

A typical police report will include information about the driver, the vehicles and the victims involved in the crash, as well as an account of the incident and any evidence found on the scene. A majority of police reports also include the officer's opinion on how the crash happened and who is to blame for it.

If you are not hurt, it is recommended that you always submit a police report after any incident you're involved in even if it seems to be a minor. Documentation is important since not all injuries are visible immediately.