auto accident law firm Accident Legal Matters
If you've been injured as a result of an
auto accident attorney accident, call an experienced attorney as soon as possible. An attorney can explain your rights and help you get the compensation you deserve.
All drivers are accountable for adhering to traffic rules. 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
auto accident attorneys accident. The first type of damage, known as special damages, has a value in dollars that can be easily determined. Special damages include medical expenses or lost wages, as well as vehicle repairs. The second kind of damage, referred to as non-economic damage, is more difficult to quantify. They include things like pain and suffering.
To receive compensation for noneconomic losses it is necessary to demonstrate that your injuries were serious enough to warrant this award. This is a daunting task, and the injured party should be represented by an attorney.
Loss of enjoyment is one of the most commonly reported non-economic losses. In general, this is the amount of money reflected in the lower quality of life resulting due to injuries caused by accidents. This also includes the inability to participate in certain activities, like driving, which were once enjoyable.
In a few cases victims may claim punitive damages. These damages are intended to punish the perpetrator and discourage any further actions which are as indecent. Punitive damages may not be available in all cases. A successful claim requires evidence that the defendant acted with a conscious disregard for others' safety.
Liability
If you are injured in an accident involving a vehicle the person responsible for your injuries is responsible to pay you. This includes reimbursement for medical expenses, property damages, lost income, as well as non-economic damages like pain and discomfort. In most cases, the driver who caused a accident will be responsible. It is not uncommon for two drivers to share responsibility. Certain states have laws that are called comparative negligence. In these cases, a jury determines the respective percentages of each driver and adjusts the damage amount accordingly.
It is important that you prove to the satisfaction of an insurance company or a jury or judge what happened. This is known as the burden of evidence. The plaintiff bears the burden of proof. You must provide evidence to prove that your accident took place.
Another kind of case that may be brought is when a government agency is the one responsible for the accident. This could be the case when a road is not maintained properly or designed, and this contributes towards an accident. These types of claims are also referred to as road defect cases. Sometimes, the manufacturers are responsible in these types of claims as well. They could be accountable for the defects in cars, like brakes, tires and mechanical failure.
At-fault driver citations
Usually, a police officer can determine the cause of an accident by looking at the crash scene and interviewing witnesses. If they believe a motorist is in violation of traffic laws, they may issue a ticket. Insurance companies may also rely on police reports to determine the fault.
It is natural for drivers to point fingers at each other after an accident. However, this can be harmful. It could not only leave the driver in front of you a bad impression however, it could also cause you to admit guilt in court.
Most car accidents involve two or more people who share a portion of responsibility. This is why most states adhere to modified comparative fault rules that allow the victim to recover damages minus their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the claimant's percentage blame in an accident. This can reduce the chance of recovering compensation for injuries.
The fact that a person is cited in a car accident could be evidence that they are responsible for the accident. However, it is not a guarantee of the outcome of a personal injury lawsuit. Depending on the situation other evidence may be required to establish that the other driver was negligent and injured you. Witness testimony, evidence from the scene of the accident and medical documents to show your injuries.
Police reports
When law enforcement officers visit a car accident scene they will complete an official police report. These reports include both the facts and opinions that were taken note of by the officers who were on the scene at the time the accident took place. This is an important document for any claim for auto accidents. Insurance companies will examine the report in order to help determine fault and the amount of compensation for the victims.
Depending on the area of jurisdiction, police reports can be admissible or not in court. The main reason is because the police report includes statements made by individuals who are not sworn witnesses in court. These statements must fall within an exception to the law of hearsay to be admissible as evidence.
A typical police report will include information regarding the driver, the vehicles and the victims who were involved in the crash, as well as an account of the accident and any evidence that was discovered at the scene. Many police reports also contain the officer's opinions about the circumstances of the crash and who's to blame.
If you're not injured it is in your best interest to always file a police report for any incident you're involved in, even if it appears to be minor. Documentation is essential because there aren't all injuries visible immediately.