downey auto accident lawsuit Accident Legal Matters

Contact an experienced attorney immediately If you've suffered injuries in a car accident. Your attorney can help you know your rights and obtain the compensation you deserve.

All drivers are required to follow traffic laws. They are liable if they do not abide by this obligation and cause harm.

Damages

Generally speaking there are two types of damages that could result from a car accident. The first, called special damages, have a specific dollar value that is easy to determine. Items like medical bills loss of wages, vehicle repair are examples of special damages. The second type of damage, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

In order to receive compensation for losses that are not economic, it is essential to be able to prove that the injuries sustained were serious enough to merit the award. This is an extremely difficult task and the injured person should be represented by an attorney.

The loss of enjoyment is one of the most frequently reported non-economic damages. It is usually an amount in dollars that represents the reduced quality of life experienced as a result of the injury caused by an accident. It also includes the inability to participate in certain activities, like driving, that were once enjoyable.

In rare instances victims may seek punitive damages. The purpose of this type of damage is intended to punish the perpetrator and discourage future acts that are just as bad. The possibility of punitive damages is not available in all cases and a successful claim is based on evidence that shows the defendant acted with conscious disregard for other people's safety.

Liability

If you suffer injuries in an accident involving a vehicle the person who caused your injuries is responsible to pay you. This includes compensation for medical expenses as well as property damage, lost income, and other damages, such as discomfort and pain. In most cases, this is the driver who caused the crash. However, it is not uncommon for both drivers to share some responsibility. Some states apply what's known as comparative negligence laws, where a jury will determine the percentage of fault each driver is responsible for and adjust the amount of damage in proportion.

It is vital that you can demonstrate what transpired to an insurance company or to a jury or judge. The burden of evidence is what we call it. The burden falls on the party making the claim, namely the plaintiff and requires you to present proof of how the crash happened.

Another type of case that could be filed is when a government institution is accountable for the accident. This could happen when a road is not maintained or constructed properly and contributes to an accident. These are also known as roadway defect cases. Sometimes, manufacturers are responsible in these kinds of claims too. They may be responsible for car defects such as tires, brakes and mechanical failure.

At-fault driver citations

An officer will often be able to determine the cause of an incident by analyzing the scene and interviewing witnesses. If they believe a driver has violated traffic laws they might issue a ticket. Insurance companies will also examine police reports to help determine fault.

Following an accident, it's normal for drivers to stare at each other. This can be harmful. It could not only leave the other driver a bad impression but could also cause you to confess guilt in court.

Most car accidents involve two or more people who share a certain amount of fault. Most states have modified comparative-fault rules that permit claimants to receive damages less their proportion of blame. A traffic citation can be used by an insurance adjuster to increase the claimant's percentage responsible for an accident. This could reduce the chance of recovering compensation for injuries.

The fact that someone is cited after a car accident may be strong evidence that they were the cause of the crash. It's not a guarantee that a personal injury lawsuit will be successful. Based on the circumstances of your case other evidence may be required to show that the other driver was negligent and caused injury to you. Witness testimony, evidence from the accident scene and medical documents to prove your injuries.

Police reports

When law enforcement officers attend the scene of a car accident they will fill out an official police report. The reports include both information and opinions noted by the officers present at the time of the crash. It is an essential document to be used in any Palmhurst Auto Accident Lawyer darien auto accident lawsuit claim. Insurance companies will scrutinize the report to help determine the fault and compensate the parties who have been injured.

In accordance with the area of jurisdiction, police reports can be acceptable or not admissible in court. The main reason is that the police report contains statements from people who aren't witnesses in court. In order for these statements to be used in a legal case, they must fall under one of the hearingsay exceptions under law.

A typical report from a police officer contains information about the driver, the vehicles and victims involved in the crash, as well as an account of what transpired and any evidence found at the scene. A majority of police reports contain the officer's opinions on the cause of the accident and who's to blame.

Even if there is no indication that you are injured, it is still in your best interests to file a police accident report, even if the accident appears to be minor. Not all injuries are apparent immediately and having evidence can make a big difference in helping you win the amount you are due for your medical expenses.