auto accident attorneys Accident Legal Matters

If you've been injured in an accident in the car, you should contact an experienced attorney as quickly as possible. Your lawyer can explain your rights and help you get the compensation you need.

All drivers have a duty to obey traffic laws. If they violate that duty and cause harm, they are liable.

Damages

In general there are two types of damages that may result from an auto accident lawyers accident. The first, referred to as special damages, have a specific dollar amount that is easy to determine. Things like medical bills loss of wages, repair work on vehicles are examples of special damages. The second kind of damages, also known as non-economic damages is more difficult to quantify. They include things like pain and suffering.

To receive compensation for noneconomic losses it is necessary to show that your injuries were serious enough to warrant this award. This is a difficult job and the person who was injured should be represented by an attorney.

Loss of enjoyment of life is one of the most common non-economic damages. It's usually a financial amount that indicates a decreased quality of life because of injuries resulting from accidents. This includes the inability of the victim to take part in activities that were once enjoyable like driving.

In rare cases victims may sue for punitive damages. This type of loss is designed to penalize the defendant for a particular sloppy act and helps deter others from repeating the same actions in the future. Damages for punitive intent may not be available in all instances. A successful claim requires evidence that the defendant was acting with conscious disregard for others' safety.

Liability

If you are injured in an automobile accident the person responsible for the injuries you sustained is responsible to compensate you. This includes money for your medical expenses as well as property damage, loss of income as well as non-economic damages such as pain and suffering. In most cases, this will be the driver who was responsible for the crash. It is not uncommon for the two drivers to share the blame. Some states apply what's called comparative negligence laws. In these, a jury will determine each driver's percentage of fault and adjust the damage amount in proportion.

It is important that you can show to the satisfaction an insurance company or jury or judge what happened. This is referred to as the burden of proof. The plaintiff bears the burden of proving. You must provide evidence to prove that the incident happened.

A government institution can also be held accountable for an accident. This can be the case when a road is not maintained properly or designed, and this contributes towards an accident. These are also referred to as roadway defect cases. Sometimes, the manufacturers are responsible in these types of claims as well. They may be held accountable for defects such as brakes, tires, and mechanical failures.

At-fault driver citations

A police officer is often able to determine the cause by analyzing the scene of the accident and interviewing witnesses. If they suspect that a driver has violated traffic laws they may issue a ticket. Insurance companies may also review police reports to determine fault.

After an accident, it is normal for drivers to point fingers at each other. However, this can be harmful. Besides giving the other driver the wrong impression, it could lead to an admission of guilt, which could be used against you in court.

Most car accidents can involve two or more individuals who share a certain amount of responsibility. This is the reason why most states follow modified comparative fault rules that permit the claimant to recover damages minus their percentage of fault. A traffic citation can be used by an insurance adjuster to increase the claimant's percentage fault in an accident. This could reduce the possibility of a payout for injuries.

The fact that someone is cited in a car accident could be evidence that they were responsible for the accident. It's not any guarantee that a personal injury claim will be successful. Depending on the situation, other types of evidence may be required to prove that the other driver was negligent and injured you. Witness testimony, evidence from the scene of an accident and medical records to show your injuries.

Police reports

When law enforcement officers attend a car accident scene they fill out an official police report. These reports include both the details and opinions taken note of by the officers who were on the scene when the incident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will scrutinize the report to help determine the cause of the accident and to pay compensation to injured parties.

Depending on the region, police report are admissible in court or not. The main reason for this is that the police report contains statements by individuals who are not sworn witnesses in court. For these statements to be considered as evidence in a legal context, they must fall under one of the exceptions to hearsay law.

A typical police report includes details about the driver, vehicles as well as the victims of the crash, as well as the details of the incident and any evidence that was discovered at the scene. A majority of police reports contain an officer's opinion on the reason for the crash and who's at fault.

Even if there is no indication that you are injured, it's beneficial to submit a police accident report, even if the accident appears to be minor. Documentation is essential because not all injuries are obvious immediately.