Auto Accident Legal Matters

If you've suffered injuries in an auto accident, call an experienced attorney as quickly as possible. An attorney can assist you to understand your rights and receive the compensation that you deserve.

All drivers are responsible for adhering to traffic laws. If they fail to do so and cause harm, they are liable.

Damages

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

In order to receive compensation for non-economic losses it is necessary to establish that your injuries were serious enough to warrant an award. This is a difficult task and the victim must be represented by a lawyer.

One of the most frequent types of non-economic damages is the loss of enjoyment life. It is usually a monetary sum that reflects the lower quality of life resulting as a result of accident-related injuries. This could include the inability of the victim to take part in activities that were once pleasurable, such as driving.

In a few cases victims may be capable of suing for punitive damage. This type of damage is intended to punish the defendant for a particular sloppy act, and serves to deter others from repeating the same actions in the future. Punitive damages are not offered in all cases. A successful claim requires evidence that the defendant's actions were carried out with conscious 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 includes compensation for medical expenses, property damage, loss of income, as well as other damage like suffering and pain. In most cases, this is the driver who caused the crash. However, it's not uncommon for both drivers to share some blame. Certain states have what are called comparative negligence laws. In these, jurors will determine the percentage of fault each driver is responsible for and adjust the damage amount in accordance with that percentage.

It is vital that you can demonstrate to the satisfaction of an insurance company, jury or judge what took place. This is known as the burden of evidence. The burden falls on the person who makes the claim - the plaintiff and requires you to present proof of how the crash occurred.

Another kind of case that may be filed is when a governmental entity is at fault for the accident. This could happen when a road is not maintained or constructed properly and causes an accident. These types of claims are also referred to as roadway defect cases. These kinds of claims can also be brought by manufacturers. They may be responsible for defects in cars 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 looking at the scene of the crash and speaking with witnesses. They can issue a ticket if they think the driver was in violation of traffic laws. Insurance companies may also rely on police reports to determine the fault.

It is common for drivers to point fingers at one another following an accident. This can be detrimental. This may not only give the driver in front of you a bad impression but could also lead to you admitting guilt in court.

The majority of car accidents involve two or more individuals who share a portion of fault. This is why many states use modified comparative blame rules that permit the claimant to seek compensation for damages minus their percentage of fault. An insurance adjuster might use a traffic citation to increase a claimant's share of responsibility for the accident, which could reduce their potential compensation for their injuries.

The fact that someone is mentioned in the aftermath of a car accident could be a strong proof that they were the cause of the crash. However, it's not an assurance of the outcome of an injury lawsuit. Depending on the situation, other types of evidence could be required to show that the other driver was negligent and caused injury to you. You will need witness testimony, evidence at the accident scene and medical records to show your injuries.

Police reports

When police officers arrive at a crash site, they fill out an official report. The reports will contain both facts and opinions of the officers present at the time of the crash. This is a vital document to be used in any auto accidents accident claim. Insurance companies will also review the report to determine fault and compensation.

In accordance with the region, police report are acceptable or not admissible in court. The main reason is that the police report includes statements made by people who aren't witnesses in court. To allow these statements to be considered as evidence in a legal case, they must fall under one of the hearingsay exceptions under law.

A typical report from a police officer contains details about the driver's identity, the vehicles involved and the victims in the accident, as well as an account of what transpired and any evidence that was found on the scene. Many police reports include an officer's opinion on the reason for the accident, and who is at fault.

Even if you're not injured, it is still recommended to file a police accident claim even if the incident seems to be minor. Not all injuries show up in a hurry and having evidence can make a big difference in helping you get the compensation you deserve for your medical expenses.