auto accident law firm Accident Legal Matters

If you've been injured in an auto accident, call an experienced attorney as soon as you can. An attorney can assist you to understand your rights and receive the compensation you deserve.

Every driver is responsible for obeying traffic laws. If they violate that duty and cause harm, they are held accountable.

Damages

In general there are two kinds of damages that could result from a car crash. The first, referred to as special damages, are characterized by a clear dollar value that is easy to determine. Special damages include medical expenses, lost wages and vehicle repairs. The second type of damages, referred to as non-economic damages, is more difficult to quantify. They include things like suffering and pain.

To be eligible for compensation for noneconomic losses, you must be able prove that your injuries were severe enough to warrant this award. This is a challenging task and the victim should be represented by a lawyer.

One of the most common forms of non-economic damages is the loss of enjoyment in life. It is usually the amount of money reflected in the diminished quality of life experienced because of injuries caused by accidents. This also includes the inability to participate in certain activities, like driving, that used to be enjoyable.

In a few cases victims could be able to sue for punitive damage. This kind of damages are designed to punish the perpetrator for a particular sloppy act and also to discourage others from doing similar things in the future. Punitive damages may not be available in all cases, and a successful claim is based on strong evidence showing that the defendant committed a crime with a clear disregard for the safety of others.

Liability

If you suffer injuries in an automobile accident the person responsible for the injuries you sustained is responsible to compensate you. This will include money for medical expenses or property damage, as well as loss of income as well as non-economic damages like pain and suffering. In the majority of cases, the driver who caused the crash will be accountable. However, it's not uncommon for both drivers to share some blame. Certain states follow what's known as comparative negligence laws, where the jury will decide the proportion of fault for each driver and adjust the amount of damage according to that.

It is important that you can prove to the satisfaction of an insurance company or a jury or judge what happened. This is referred to as the burden of proof. The burden falls on the person who is making the claim, which is the plaintiff and requires you to show evidence of how your crash happened.

Another kind of situation that can be filed is when a government agency is at fault for auto accidents the accident. It can happen when a roadway is poorly constructed or maintained and can cause an accident. These types of claims are also known as road defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims as well. They could be held liable for defects, such as brakes, tires and mechanical failure.

At-fault driver citations

An officer will usually determine who was the culprit by analyzing the accident scene and interviewing witnesses. They could issue a ticket if they think that a motorist violated traffic rules. Insurance companies will take a look at police reports to help them identify the source of the fault.

It is normal for drivers to point fingers at one another after an accident. However, this could be harmful. In addition to giving the driver the wrong impression, it could lead to an admission of guilt, which could be used against you in court.

In most car accidents there are two or more parties who share some level of responsibility. A majority of states have modified comparative-fault rules that allow claimants to recover damages that are less than their percentage of blame. A traffic citation could be used by an insurance adjuster to increase the percentage of claimant blame in an accident. This can reduce the chance of recovering compensation for injuries.

The incident that someone is cited following a car crash could be powerful evidence that they were the cause of the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case you may require additional types of evidence to prove an other driver was negligent and caused harm to you. This could include witness testimony, evidence at the scene of the accident, and medical records detailing your injuries.

Police reports

When officers from the police arrive at a car accident site they will fill out an official report. These reports include both the facts and opinions taken note of by the officers who were on the scene at the time the accident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will review the report as well to help determine fault and the amount of compensation for the victims.

Based on the jurisdiction, police reports can or may not be admissible in court. The police report may contain statements from individuals who haven't been legally sworn as witnesses. To allow these statements to be considered as evidence in a legal context they must be covered by one of the exemptions to hearsay law.

A typical police report contains details regarding the driver, the vehicles as well as the victims of the crash, in addition to a description of the incident and any evidence that was discovered at the scene. Many police reports include an officer's opinion on the reason for the crash and who's at fault.

If you're not injured it is the best option to always file a police report for any accident that you are involved in even if it seems to be a minor. It is crucial to document the incident because there aren't all injuries obvious immediately.