Auto Accident Legal Matters

Contact a seasoned attorney immediately when you've been injured in a car accident. An attorney can assist you know your rights and obtain the compensation that you deserve.

All drivers are responsible for adhering to traffic laws. When they breach that duty and cause harm, they are accountable.

Damages

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

In order to receive compensation for non-economic losses it is necessary to show that your injuries were serious enough to warrant such an award. This is a difficult task, and the injured party should be represented by an attorney.

Loss of enjoyment is one of the most common non-economic damages. This is usually a financial amount that indicates a decreased quality of life because of injuries resulting from accidents. This includes the inability for the victim to take part in activities that were once pleasurable, such as driving.

In some cases victims may be able to seek punitive damages. This kind of compensation is intended to punish the perpetrator and discourage future acts that are equally egregious. Punitive damages are not available in every case, and a successful claim relies on the evidence that proves the defendant was acting with conscious disregard for other people's safety.

Liability

When you are injured in an automobile accident the person or entity responsible for your injuries will be held accountable to compensate you. This includes compensation for medical expenses and property damages, as well as lost income, and other damages such as discomfort and pain. In the majority of cases, it is the driver who caused the accident. It is not uncommon for two drivers to share responsibility. Certain states have what are known as comparative negligence laws, where the jury will decide each driver's percentage of fault and adjust the damage amount according to that.

It is vital to demonstrate to the satisfaction an insurance company or a juror or judge that the incident occurred. The burden of evidence is what we call it. The plaintiff is responsible for the burden of proving. You must present evidence to prove that the accident occurred.

Another type of situation that can be filed is when a government agency is responsible for the accident. This could happen when a road is not maintained or constructed properly and causes an accident. These claims are also called roadway defect cases. These kinds of claims could also be brought by manufacturers. They may be liable for defects in cars like brakes, tires and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who caused the accident by studying the scene of the crash and speaking with witnesses. If they suspect that a driver has violated traffic laws, they could issue a ticket. Insurance companies may also rely on police reports to determine the fault.

Following an accident, it's normal for drivers to point fingers at each one another. This can be detrimental. While giving the other driver the wrong impression, it could lead to an admission of guilt that can be used against you in court.

Most car accidents can involve two or Vimeo more persons who share some degree isle of palms auto accident attorney blame. The majority of states have modified comparative fault rules that allow claimants to recover damages that are less than their share of fault. A traffic citation can be used by an insurance adjuster to increase the percentage of claimant at fault in an accident. This can reduce the chance of recovering compensation for injuries.

The fact that someone is mentioned in a car crash can be strong evidence that they were responsible for the crash. It is not any guarantee that a personal injury claim will be successful. Based on the circumstances of your case, you may require additional types of evidence to show that the negligence of another driver caused harm to you. This includes witness testimony, evidence taken from the scene of the accident, and medical records regarding your injuries.

Police reports

When law enforcement personnel attend the scene of a car crash they fill out an official police report. These reports include both the facts and opinions noted by the officers on the scene when the incident occurred. This is a vital document for any claim involving an auto accident. Insurance companies will study the report as well to help determine the cause of the accident and to pay compensation to the injured parties.

Depending on the area of jurisdiction, police reports can be admissible or not. The police report includes statements from people who aren't officially sworn in as witnesses. These statements must fall within an exception to the hearsay law to be admissible as evidence.

A typical police report will include information about the driver, the vehicles and victims involved in the accident along with the details of what happened and any evidence found on the scene. Many police reports also include the officer's opinion on what caused the crash and who is the most to blame.

If you are not hurt it is recommended that you always complete a police investigation for any incident you're involved in even if it seems minor. Not all injuries show up immediately and having evidence can be a huge help in helping you get the compensation you deserve for medical expenses.