auto accident attorney Accident Legal Matters
Contact an experienced attorney immediately when you've been injured in a car crash. An attorney can explain your rights and assist you get the compensation you deserve.
All drivers have a duty to obey traffic laws. If they violate that duty and cause harm, they are accountable.
Damages
In general there are two kinds of damages that can result from a car accident. The first type known as special damages, has a dollar value that can be easily determined. Items like medical bills or lost wages as well as vehicle repair are examples of special damages. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering.
To receive compensation for non-economic losses, it is essential to to show that the injuries suffered were severe enough to merit the amount. This is a challenging task and the victim should be represented by an attorney.
One of the most prevalent kinds of non-economic damage is the loss of enjoyment of life. It is usually an amount of money that represents the reduced quality of life experienced due to injuries resulting from accidents. This also is the inability to participate in certain activities, like driving, that used to be enjoyable.
In some cases, victims can sue for punitive damages. This kind of damage is intended to punish the defendant for an egregious violation and to deter others from doing similar things in the future. Damages for punitive intent may not be available in all cases. A successful claim requires evidence that the defendant acted with conscious disregard for others' safety.
Liability
If you are injured in an accident involving a vehicle the person responsible for the injuries you sustained is responsible to pay you. This includes compensation for medical expenses, property damage, loss of income, and other non-economic damages like pain and suffering. In most cases, the driver who caused a accident will be responsible. However, it's not uncommon for the two drivers to share some blame. Some states follow what is known as comparative negligence laws, where jurors determine the percentage of fault each driver is responsible for and
auto accidents adjust the damages awarded accordingly.
It is essential that you show to the satisfaction an insurance company, jury or judge what took place. The burden of evidence is what we call it. The burden is shifted to the person who makes the claim, which is the plaintiff and requires you to provide evidence of how your
auto accident attorneys happened.
A government institution can be liable for an accident. This could occur when a highway is not properly maintained or designed and contributes to an accident. These are also known as road defect cases. Sometimes, manufacturers are responsible in these kinds of claims too. They could be held liable for defects such as brakes, tires and mechanical failure.
At-fault driver citations
Often, an officer can determine who was the cause of an accident by studying the crash scene and interviewing witnesses. If they believe that a driver has violated traffic laws, they might issue a ticket. Insurance companies can also use police reports to determine fault.
It is natural for drivers to blame each other following an accident. However, this could be detrimental. While giving the other driver a bad 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 at least two parties who share some level of fault. Many states have modified comparative-fault rules that permit claimants to receive damages that are less than their share of fault. An insurance adjuster may make use of a traffic citation in order to increase a claimant's percentage of responsibility for the accident, which may reduce their settlement for their injuries.
The the fact that a person is cited after a car accident can be a strong proof that they caused the crash. It is not any guarantee that a personal-injury case will be successful. Depending on the situation other evidence could be required to prove that the other driver was negligent and injured you. Witness testimony, evidence at the scene of the accident and medical documents to prove your injuries.
Police reports
When police officers arrive at a car crash site and are asked to fill out an official report. These reports include both the facts and opinions that were taken note of by the officers who were on the scene when the incident occurred. This is a crucial document to be included in any claim for
auto accidents. Insurance companies will also review the report to determine fault and the amount of compensation.
Based on the jurisdiction of the police, reports can or may not be admissible in court. The police report includes statements from individuals who haven't been sworn in as witnesses. In order for these statements to be considered as evidence in a legal case they must be covered by one of the exemptions to hearsay law.
A typical police report contains information about the vehicle, driver as well as the victims of the crash, in addition to an account of the accident and any evidence that was discovered at the scene. Many police reports also include the officer's opinion on the circumstances of the crash and who's to blame for it.
Even if you don't feel injured, it is still the best option to file a police accident claim, even if the accident appears to be minor. Documentation is essential because not all injuries are visible immediately.