auto accident attorneys Accident Legal Matters

Contact an experienced attorney immediately when you've been injured in a car accident. Your lawyer can explain your rights and help to get the compensation you need.

All drivers are responsible for adhering to traffic rules. If they do not comply with this duty and cause harm, they are liable.

Damages

Generally speaking there are two types of damage that can result from a car crash. The first kind of damage called special damages, have the value of a dollar that can be easily calculated. Special damages include medical expenses as well as lost wages and repairs to vehicles. The second kind of damage, also known as non-economic damage, is more difficult to quantify. These include things such as pain and suffering.

To receive compensation for noneconomic losses, you must be able demonstrate that your injuries were serious enough to warrant this award. This is a difficult task and the injured party must be represented by an attorney.

The loss of enjoyment is among the most frequent non-economic damages. This usually involves an amount of money that represents the diminished quality of life that is experienced because of injuries resulting from accidents. This can include the inability of the victim to perform activities that were once enjoyable like driving.

In a few cases victims may seek punitive damages. These damages are intended to penalize the defendant and deter any future actions that are as egregious. Punitive damages may not be available in all cases and a successful claim relies on the strength of evidence that proves the defendant committed a crime with a clear disregard for the safety of others.

Liability

If you are injured in an accident involving a vehicle the person responsible for your injuries is responsible to pay you. This includes money for medical expenses and property damage, as well as loss of income, and other non-economic injuries like suffering and pain. In most cases, this will be the driver who was responsible for the crash. However, it is not uncommon for both drivers to share a portion of the blame. Certain states have laws that are called comparative negligence. In these cases, jurors determine the percentage of each driver and adjusts the damage amount accordingly.

It is essential to demonstrate what transpired to an insurance company, or to a jury or judge. This is referred to as the burden of proof. The plaintiff is responsible for the burden of proving. You must prove to prove that your accident took place.

A government entity could also be held responsible for an accident. This can happen when a roadway has been poorly constructed or maintained, and this results in an accident. These types of claims are also referred to as road defect cases. These types of claims may also be brought by manufacturers. They may be responsible for car defects such as tires, brakes and mechanical failure.

At-fault driver citations

Most of the time, police officers can determine the cause of an accident by studying the scene of the crash and questioning witnesses. They might issue tickets if they believe the driver was in violation of traffic laws. Insurance companies will also look at police reports to help them identify the source of the fault.

It is common for drivers to blame each other following an accident. However, 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 two or more parties sharing a portion of blame. This is why most states have modified comparative fault rules that allow the person who is claiming to recover damages that are less than their proportion of fault. An insurance adjuster might use a traffic citation to increase a claimant's percentage of responsibility for the accident, Auto Accidents which could limit their compensation for their injuries.

The fact that someone is cited after a car accident may be evidence that they were the cause of the crash. However, it's not a guarantee of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may require additional types of proof to prove that the negligence of another driver caused harm to you. This could include witness testimony, evidence from the site of the accident, as well as medical records of your injuries.

Police reports

When law enforcement officers attend an accident scene they will complete an official police report. These reports include both information and opinions recorded by the officers at the scene when the incident occurred. This is an important document to be included in any claim for auto accidents. Insurance companies will review the report as well to determine fault and compensation for injured parties.

Depending on the area of jurisdiction, police reports can be admissible in court or not. The main reason is that the police report contains statements made by people who are not sworn witnesses in court. To allow these statements to be used in a legal context they must fall under one of the hearingsay exceptions under law.

A typical police report includes information about the driver's identity, the vehicles involved and the victims in the accident, as well as a description of what happened and any evidence that was found on the scene. The majority of police reports include the officer's views on how the crash happened and who is the most responsible for the incident.

If you are not hurt however, it is in your best interest to always submit a police report after any incident you're involved in even if it appears to be minor. Documentation is important because there aren't all injuries obvious immediately.