Auto Accident Legal Matters
If you've been injured as a result of an accident in the car, you should contact an experienced attorney as quickly as possible. Your lawyer can help you to understand your rights and receive the compensation you deserve.
All drivers have a duty to obey traffic laws. They are held accountable if do not abide by this obligation and cause harm.
Damages
In general there are two types of damages that may result from a car crash. The first type, known as special damages, have a value in dollars that can be easily determined. Examples of special damages include medical bills as well as lost wages and vehicle repairs are examples for special damages. The second type of damages, also known as non-economic damages, is more difficult to quantify. These include things like pain and suffering.
To be eligible for compensation for noneconomic losses you must establish that your injuries were severe enough to warrant this award. This is an extremely difficult task and the injured person should be represented by an attorney.
Loss of enjoyment of life is among the most commonly reported non-economic losses. This usually involves an amount of money that represents the reduced quality of life because of injuries caused by accidents. This could include the inability of the victim to take part in activities that were once enjoyable, such as driving.
In rare cases victims may pursue punitive damages. This type of loss is intended to punish the defendant for a particularly indecent act, and serves to deter others from doing similar things in the future. Punitive damages may not be available in every case and a successful claim relies on evidence that shows the defendant was acting with conscious disregard for other people's safety.
Liability
If you are injured in an auto accident, the person responsible for your injuries is liable to compensate you. This includes compensation for medical expenses as well as property damage, lost income, as well as non-economic damages, such as discomfort and pain. In the majority of cases, the driver that caused the accident will be the one responsible. However, it's not unusual for both drivers to share some blame. Some states have laws that are called comparative negligence, where the jury decides on each driver's percentage and adjusts the amount of damage accordingly.
It is vital that you can demonstrate to the satisfaction an insurance company, jury or judge what took place. This is known as the burden of proof. The burden is placed on the person who makes the claim, namely the plaintiff and demands that you provide evidence of how your accident occurred.
Another type of situation that can be brought is when a governmental entity is accountable for the accident. This could occur when a roadway is not properly maintained or designed which can lead to an accident. These are also referred to as roadway defect cases. These kinds of claims could also be brought by manufacturers. They could be held accountable for defects like brakes, tires, and mechanical failures.
At-fault driver citations
Usually, a police officer can 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 might issue a ticket. Insurance companies also review police reports to help them identify the source of the fault.
It is natural for drivers to point fingers at each other following an accident. This can be harmful. Apart from giving the other driver a negative impression, it could result in an admission of guilt which could be used against you in court.
In the majority of car accidents, there are usually two or more parties sharing a portion of blame. auto accident law firm reading is the reason that most states use modified comparative blame rules that permit the claimant to seek compensation for damages minus their portion of the fault. A traffic citation can be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This could decrease the amount of compensation for injuries.
The fact that someone is mentioned in a car accident could be evidence that they caused the crash. However, it's not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case you may require other forms of proof to prove that the negligence of another driver caused you harm. Witness testimony, evidence at the accident scene and medical documents to prove your injuries.
Police reports
When police officers arrive at a vehicle accident site they complete an official report. These reports contain both the facts and opinions gathered by officers who are on scene at the time of the crash. This is a crucial document to be included in any claim for auto accidents. Insurance companies will review the report in order to help determine fault and compensation for injured parties.
Depending on jurisdiction, police reports can or may not be considered admissible to court. The police report may contain statements from individuals who haven't been legally sworn as witnesses. These statements must be included in an exception to the hearsay law in order to be used as evidence.
A typical police report will include details about the driver, vehicles and the victims involved in the crash, as well as the details of the incident and any evidence that was discovered at the scene. The majority of police reports include officers' opinions on how the accident occurred and who is the most responsible for the incident.
If you are not hurt however, it is in your best interest to always complete a police investigation for any accident you're involved in, even if it appears to be minor. It is crucial to document the incident because not all injuries are obvious immediately.