auto accidents Accident Legal Matters
Get in touch with an experienced attorney as soon as possible when you've been injured in a car accident. An attorney can explain your rights and help you get the compensation you deserve.
All drivers are responsible for
Auto Accidents obeying traffic laws. They are liable if they breach this duty and cause harm.
Damages
In general there are two distinct kinds of damages that could result from an
auto accident lawyer accident. The first, called special damages, have a specific dollar amount that is easy to determine. Special damages include medical bills, lost wages and repairs to vehicles. The second type, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.
In order to be compensated for non-economic losses you must demonstrate that your injuries were severe enough to warrant an award. This is a daunting task and the injured person must be represented by an attorney.
Loss of enjoyment of life is among the most common non-economic damages. It is typically a financial amount that is a reflection of a diminished quality of living due to injuries sustained in accidents. This includes the inability for the victim to perform activities that were once pleasurable, such as driving.
In rare instances victims may be able to claim punitive damages. This kind of compensation is intended to penalize the defendant and discourage future acts which are as indecent. Damages for punitive intent may not be available in all cases. A successful claim will require evidence that the defendant acted with a conscious disregard for the safety of others.
Liability
If you suffer injuries in an automobile accident the person who caused your injuries is responsible to pay you. This includes compensation for medical expenses or property damage, loss of income, and any other non-economic damage like discomfort and pain. In the majority of instances, the driver who caused a accident will be the one responsible. It is not uncommon for the two drivers to share the blame. Certain states have laws called comparative negligence, where a jury determines the percentage of each driver and adjusts the damages awarded accordingly.
It is crucial to demonstrate what transpired to an insurance company or to a judge and jury. The burden of proof is what we call it. The plaintiff has the burden of proof. You must prove to prove that your accident occurred.
A government entity can also be held accountable for an accident. This can happen when a road is not properly constructed or maintained, and this can cause an accident. These types of claims are also referred to as roadway defect cases. Sometimes, the manufacturers are at fault in these claims as well. They could be held accountable for the defects in cars, such as brakes,
Auto Accidents tires and mechanical failure.
At-fault driver citations
Most of the time, police officers can determine who was the cause of an accident by analyzing the scene of the crash and speaking with witnesses. If they believe a motorist has violated traffic laws they might issue a ticket. Insurance companies will take a look at police reports to help determine who is at fault.
It is normal for drivers to blame each other following an accident. This can be detrimental. This can not only give the other driver a negative impression, but it could also result in you committing a crime in court.
Most car accidents can involve two or more individuals who share some degree of blame. A majority of states have modified comparative-fault rules that permit claimants to receive damages less their percentage of blame. An insurance adjuster may apply a traffic citation to increase a claimant's share of blame for the accident which could limit their payment for injuries.
The fact that someone is cited after a car accident can be a strong proof that they were the cause of the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case, other types of evidence may be required to establish that the other driver was negligent and injured you. This includes witnesses' testimony, evidence from the site of the accident, as well as medical records regarding your injuries.
Police reports
If law enforcement officers are at the scene of a car accident they will fill out an official police report. These reports include both information and opinions recorded by the officers at the scene at the time the accident took place. This is an important 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 injured parties.
Based on the jurisdiction, police reports are admissible in court or not. The police report includes statements from individuals who haven't been officially sworn in as witnesses. These statements must be included in an exception to the law of hearsay to be used as evidence.
A typical report from a police officer contains information about the driver, the vehicles involved and the victims in the accident, as well as a description of what happened and any evidence that was found on the scene. A majority of police reports contain the officer's opinion about the cause of the crash and who's at fault.
Even if you're not injured, it's beneficial to file a police accident report even if the incident seems minor. Some injuries don't show up in a hurry, and having solid documentation can be a huge help in helping you claim the amount you are due for your medical expenses.