Auto Accident Legal Matters
If you've suffered injuries in an
auto accident, call an experienced attorney as quickly as you can. An attorney can explain your rights and assist you receive the compensation you are entitled to.
All drivers have a duty to follow traffic laws. If they violate that duty and cause harm, they are held accountable.
Damages
In general there are two types of damages that may result from an
auto accident law firm accident. The first type known as special damages, has the value of a dollar that can be easily calculated. Things like medical expenses or lost wages as well as vehicle repair are examples of special damages. The second type, which is referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.
To be eligible for compensation for noneconomic losses, you must be able demonstrate that your injuries were serious enough to warrant an award. This is a daunting job and the person who was injured should be represented by an attorney.
One of the most common kinds of non-economic damage is the loss of enjoyment in life. This is usually a monetary amount that represents a lower quality of life because of injuries resulting from accidents. Also, it can result in the inability of participating in certain activities, like driving, which were once enjoyable.
In a few cases, victims can seek punitive damages. This kind of damage is designed to punish the perpetrator for a particular sloppy act and to deter others from similar acts in the future. Punitive damages are not available in all cases, and a successful claim relies on the strength of evidence that proves the defendant was acting with conscious disregard for other people's safety.
Liability
If you're injured in an automobile accident the person or organization responsible for your injuries will be held accountable to pay you compensation. This includes compensation for medical expenses or property damage, as well as loss of income, and other non-economic damages such as pain and suffering. In most cases, the person who caused a crash will be accountable. It is not uncommon for the two drivers to share blame. Certain states have laws that are called comparative negligence, where jurors determine the proportion of each driver's share and adjusts the damage amount in accordance with the percentage.
It is essential to show to the satisfaction an insurance company or jury or judge what took place. This is known as the burden of evidence. The burden is placed on the party making the claim - the plaintiff - and requires you to present evidence of how your crash occurred.
A government entity could also be held accountable for an accident. It can happen when a roadway isn't properly designed or maintained and this causes an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are at fault in these types of claims too. They could be held responsible for the defects in brakes, tires, and mechanical failures.
At-fault driver citations
Most of the time, police officers can determine who caused an accident by looking at the scene of the crash and speaking with witnesses. They may write an order if they believe the driver was in violation of traffic laws. Insurance companies may also use police reports to determine the fault.
After an accident, it is normal for drivers to point fingers at each other. This can be harmful. This can not only give the driver in front of you a bad impression but could also result in you committing a crime in court.
Most car accidents can involve two or more people who share a portion of responsibility. Many states have modified comparative-fault rules that permit claimants to receive damages that are less than their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the percentage claimant fault in an accident. This could decrease the potential payout for injuries.
The fact that a person is mentioned in a vehicle crash could be proof that they caused the accident. It is not a guarantee that a personal injury lawsuit will be successful. Depending on the situation the other evidence may be required to show that the other driver was negligent and injured you. This could include witness testimony, evidence from the scene of the accident, and medical records detailing your injuries.
Police reports
When officers from the police arrive at a car crash site they complete an official report. The reports will contain both details and opinions noted by the officers on the scene at the time the accident took place. This is an important document to be included in any claim for
auto accident attorneys accidents. Insurance companies will also review the report for fault and compensation.
According to the area of jurisdiction, police reports can be admissible in court or not. The police report contains statements from people who aren't certified as witnesses. These statements must fall under an exception to the law of hearsay to be admissible as evidence.
A typical police report will include details regarding the driver, vehicles and victims involved in the crash along with a description of what happened and any evidence found on the scene. Many police reports include an officer's opinion on the reason for the accident and who is to blame.
Even if you're not injured, it's beneficial to file a police accident report, even if the accident seems minor. There are many injuries that do not show up immediately and having a thorough record can be a huge help in helping you get the amount you are due for your medical expenses.