auto accident law firm Accident Legal Matters

If you've suffered injuries in a car accident, contact an experienced attorney as quickly as possible. Your attorney will explain your rights and help you get the compensation that you need.

All drivers have a duty to observe traffic laws. They are liable if they breach this duty and cause harm.

Damages

In general, there are two different kinds of damages that could result from an automobile accident. The first type, referred to as special damages, are characterized by a clear dollar value that is easy to calculate. Special damages can include medical bills, lost wages and vehicle repairs. The second kind of damage, referred to as non-economic damage is more difficult to quantify. These include things like pain and suffering.

In order to receive compensation for non-economic losses it is necessary to be able to demonstrate that the injuries suffered were severe enough to merit the compensation. This is a challenging task and the person who was injured should be represented by a lawyer.

The loss of enjoyment is among the most frequently reported non-economic damages. This is usually a monetary amount that reflects a reduced quality of life due to injuries caused by accidents. This can include the inability of the victim to engage in activities that were once enjoyable, such as driving.

In some cases victims may sue for punitive damages. This type of damages is intended to punish the defendant and deter any future actions that are equally egregious. The possibility of punitive damages is not available in every case, and a successful claim depends on evidence that shows the defendant was acting with conscious disregard for the safety of others.

Liability

If you're injured in an auto accident the person who caused your injuries is responsible 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 most cases, the driver who caused the accident will be responsible. It is not uncommon for two drivers to share the blame. Some states have laws that are known as comparative negligence, in which the jury decides on the proportion of each driver's share and adjusts the damage amount in accordance with the percentage.

It is essential that you demonstrate what transpired to an insurance company or to a judge and jury. The burden of proof is what we call it. The plaintiff bears the burden of proving. You must present evidence to prove that the incident took place.

A government agency can also be held accountable for an accident. This can happen when a road is not properly designed or maintained and this results in an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are the ones to blame in these types of claims too. They could be held accountable for car-related defects such as brakes, tires and mechanical failure.

At-fault driver citations

An officer will usually determine who caused an incident by analyzing the accident scene and interviewing witnesses. They may write an order if they believe that a motorist violated traffic rules. Insurance companies take a look at police reports to identify the source of the fault.

It is natural for drivers to point fingers at each other after an accident. However, this can be detrimental. It could not only leave the other driver a bad impression however, it could also cause you to admit guilt in the court.

In most car accidents there are usually two or more people who share a percentage of blame. The majority of states have modified comparative fault rules that permit claimants to receive damages less their proportion of fault. Insurance adjusters can make use of a traffic citation in order to increase a claimant's percentage of blame in an accident, which may reduce their compensation for their injuries.

The the fact that a person is cited following a car crash could be evidence that they caused the crash. It's not a guarantee that a personal injury lawsuit will be successful. Based on your particular case the other evidence may be needed to establish that the other driver was negligent and caused injury to you. You will need witness testimony, evidence from the scene of the accident and medical records to prove your injuries.

Police reports

When officers from the police arrive at a car crash site, they fill out an official report. These reports contain both the facts and opinions that are compiled by officers who were on the scene at the time of the collision. This is a crucial document for any claim for auto accidents. Insurance companies will review the report to help determine the fault and compensate the victims.

Depending on jurisdiction, police reports may or may not be admissible in court. The police report contains statements from individuals who haven't been certified as witnesses. In order for these statements to be considered as evidence in a legal matter, they must fall under one of the exemptions to hearsay law.

A typical report from a police officer includes information about the vehicle, driver and the victims involved in the crash, as well as an account of the incident and any evidence that was discovered at the scene. Many police reports also contain the officer's opinions about how the accident occurred and who is the most to blame for it.

Even if you're not injured, it's recommended to submit a police accident report, even if the accident appears to be minor. There are many injuries that do not show up in a hurry and having evidence can help in helping you win the compensation you're entitled to for medical expenses.