auto accident law firm Accident Legal Matters

If you've suffered injuries in an accident in the car, you should contact an experienced attorney as soon as possible. An attorney can explain your rights and assist you get the compensation you need.

Every driver is responsible for adhering to traffic rules. They can be held accountable if they violate this duty and cause harm.

Damages

In general there are two distinct kinds of damages that could result from an accident. The first, known as special damages, have a clear dollar value that is easy to calculate. Special damages are medical bills loss of wages, repairs to vehicles. The second type of damages that are referred to as non-economic damage, is more difficult to quantify. These include things like pain and suffering.

In order to be eligible for compensation for losses that are not economic, it is essential to to show that the injuries suffered were serious enough to warrant such an award. This is a challenging job and the person who was injured must be represented by an attorney.

One of the most common kinds of non-economic damage is the loss of enjoyment in life. This is usually a financial amount that is a reflection of a diminished quality of life due to injuries caused by accidents. This can include the inability of the victim to take part in activities that were once pleasurable, such as driving.

In rare cases victims can claim punitive damages. This kind of damage is designed to punish the defendant for a particularly indecent act and helps deter others from repeating the same actions in the future. Punitive damages are not available in all cases, and a successful claim relies on evidence that shows the defendant committed a crime with a clear disregard for the safety of others.

Liability

If you're injured 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 and noneconomic damages such as suffering and pain. In the majority of cases, the driver who caused the accident will be the one responsible. It is not unusual for two drivers to share blame. Certain states have what are known as comparative negligence laws, where the jury will decide the respective percentage of blame for each driver and adjust the damage award in accordance with that percentage.

It is important to prove to the satisfaction of an insurance company, jury or judge what happened. This is referred to as the burden of evidence. The burden falls on the person who is making the claim - the plaintiff - and demands that you provide the evidence that demonstrates how your accident happened.

A government entity can be liable for an accident. This can happen when a road is not properly designed or maintained and this causes an accident. These are also known as road defect cases. Sometimes, manufacturers are accountable in these kinds of claims too. They could be held liable for defects, such as brakes, tires, and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who was the cause of an accident by analyzing the scene of the crash and speaking with witnesses. They could issue an accusation if they believe that a motorist violated traffic rules. Insurance companies will also review police reports to determine the cause of the incident.

It is common for drivers to blame each other following an accident. However, this could be detrimental. Besides giving the other driver a bad impression, it could lead to an admission of guilt, which could be used against you in court.

The majority of car accidents involve two or more people who share some degree of responsibility. This is the reason that most states use modified comparative blame rules that permit the claimant to recover damages minus their portion of the fault. A traffic citation could be used by an insurance adjuster to increase the claimant's percentage blame in an accident. This could reduce the possibility of a payout for injuries.

The fact that someone is cited in the aftermath of a car accident could be powerful evidence that they were the cause of the crash. It's not an assurance that a personal injury claim will be successful. Based on the circumstances of your case additional evidence could be required to prove that the other driver was negligent and injured you. This includes witness testimony, evidence from the scene of the accident as well as medical records of your injuries.

Police reports

When officers from the police arrive at a car accident site and are asked to fill out an official report. The reports contain both the facts and opinions observed by the officers on the scene at the time the accident occurred. This is a crucial document to be included in any claim for Auto Accident Lawsuits accidents. Insurance companies will study the report as well to help determine fault and the amount of compensation for the parties who have been injured.

Based on the jurisdiction, police reports may or may not be considered admissible to court. The police report contains testimony from individuals who haven't been officially sworn in as witnesses. These statements have to fall under an exception to the law of hearsay to be used as evidence.

A typical report from a police officer includes information about the vehicle, driver and the victims who were involved in the crash, in addition to an account of the accident and any evidence discovered at the scene. A majority of police reports contain an officer's view on the reason for the accident and who is responsible for the incident.

If you're not injured, it is ideal to always submit a police report after any accident you're involved in, even if it appears to be a minor. Documentation is important since not all injuries are visible right away.