auto accident attorney Accident Legal Matters

Contact an experienced attorney immediately If you've suffered injuries in a car accident. An attorney can assist you learn about your rights and help you get the compensation you deserve.

Every driver is responsible for adhering to traffic laws. If they do not comply with this duty and cause harm, they are held accountable.

Damages

In general, there are two different types of damages that may result from an automobile accident. The first type of damages called special damages, has an amount that is easily calculated. Special damages include medical bills 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 such as 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 not an easy task and the person who was injured should be represented by an attorney.

Loss of enjoyment is one of the most common non-economic damages. It is typically a financial amount that indicates a decreased quality of living as a result accident-related injuries. This can include the inability of the victim to participate in activities that were once pleasurable, such as driving.

In rare cases victims may claim punitive damages. This kind of damage is designed to punish the perpetrator for a particularly indecent act, and serves to deter other people from doing the same in the future. Damages for punitive intent may not be available in all cases. A successful claim requires evidence that the defendant acted with conscious disregard for others' safety.

Liability

If you are injured in an auto accidents accident, the person responsible for your injuries is liable to pay you. This includes reimbursement for medical expenses, property damages, lost income, as well as non-economic damages that include discomfort and pain. In the majority of cases, the driver that caused the crash will be responsible. It is not uncommon for the two drivers to share responsibility. Certain states have laws that are called comparative negligence. In these cases, jurors determine the percentage of each driver and adjusts the amount of damage according to the percentage.

It is vital to demonstrate to the satisfaction an insurance company, jury or judge what happened. This is known as the burden of proof. The plaintiff bears the burden of proving. You must provide evidence to prove that the accident happened.

Another type of situation that can be filed is when a government institution is the one responsible for the accident. This could happen when a roadway has been poorly constructed or maintained and can cause an accident. These types of claims are also referred to as road defect cases. Sometimes, manufacturers are responsible in these claims too. They may be liable for car-related defects such as tires, brakes and mechanical failure.

At-fault driver citations

A police officer is often able to determine the cause of an incident by looking at the scene of the accident and interviewing witnesses. They can issue tickets if they believe that a driver has violated traffic laws. Insurance companies may also use police reports to determine the fault.

It is normal for Auto accidents drivers to blame one another after an accident. However, this can be detrimental. In addition to giving the driver a negative impression it could result in an admission of guilt, which could be used against you in court.

In most car accidents there are two or more people who share a percentage of blame. This is why most states have modified comparative fault rules that allow the victim to recover damages minus their share of blame. A traffic citation could be used by an insurance adjuster to increase the percentage claimant blame in an accident. This can reduce the chance of recovering compensation for injuries.

The fact that a person is mentioned in a car crash could be proof that they are responsible for the crash. It's not a guarantee that a personal injury lawsuit will be successful. Based on the circumstances of your case the other evidence could be required to show that the other driver was negligent and caused injury to you. Witness testimony, evidence at the scene of an accident and medical documents to prove your injuries.

Police reports

When police officers arrive at a vehicle accident site, they fill out an official report. The reports contain both the details and opinions noted by the officers on the scene at the time the incident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will also examine the report for fault and compensation.

Based on the area of jurisdiction, police reports can be admissible or not in court. The police report contains statements from people who aren't officially sworn in as witnesses. For these statements to be used in a legal proceeding they must be covered by one of the exemptions to hearsay law.

A typical report from a police officer includes information about the car, driver, and victims involved in the crash, in addition to an account of the accident and any evidence found at the scene. A majority of police reports contain the officer's opinion about the reason for the accident, and who is to blame.

Even if you're not injured, it is still beneficial to submit a police accident report, even if the accident seems minor. Documentation is essential because not all injuries are visible immediately.