auto accident law firm (blog) Accident Legal Matters

If you've been injured as a result of an auto accident lawsuits accident, call an experienced attorney as soon as you can. Your attorney will explain your rights and assist to get the compensation you are entitled to.

All drivers are required to follow traffic laws. They can be held accountable if they violate this duty and cause harm.

Damages

In general there are two distinct kinds of damages that could result from an auto accident. The first kind of damage known as special damages, has a value in dollars that is easily calculated. Special damages are medical bills as well as lost wages and repairs to vehicles. The second type of damage which is referred to as non-economic damage is more difficult to quantify. They include things like pain and suffering.

In order to be compensated for non-economic losses it is necessary to prove that your injuries were serious enough to warrant an award. This is a difficult task and the victim must be represented by a lawyer.

One of the most common types of non-economic damages is the loss of enjoyment of life. It's usually a financial amount that is a reflection of a diminished quality of living because of injuries resulting from accidents. This includes the inability of the victim to perform activities that were once pleasurable like driving.

In rare cases victims may be able to sue for punitive damage. This kind of damage is intended to punish the defendant for a particularly egregious act and also to discourage others from repeating the same actions in the future. Damages for punitive purposes are not available in every case, and a successful case relies on the strength of evidence that proves the defendant was acting with conscious disregard for the safety of others.

Liability

If you are injured in an auto accident, the person responsible for your injuries is accountable to compensate you. This includes compensation for medical costs as well as property damage, lost income, as well as non-economic damages, such as pain and discomfort. In most instances, the driver who caused the crash will be responsible. However, it's not uncommon for the two drivers to share a portion of the blame. Some states have laws known as comparative negligence, in which a jury determines the proportion of each driver's share and adjusts the damage amount accordingly.

It is important that you can prove to the satisfaction of an insurance company or a jury or judge what happened. The burden of proof is what we call it. The burden is shifted to the person making the claim - the plaintiff and it requires you to present proof of how the accident occurred.

A government entity could also be held responsible for an accident. This can occur when a highway is not properly maintained or designed, and this contributes towards an accident. These kinds of claims are also referred to as roadway defect cases. These types of claims may also be brought by manufacturers. They may be held accountable for defects, such as brakes, tires, and mechanical failures.

At-fault driver citations

Often, an officer can determine who caused the accident by analyzing the scene of the crash and speaking with witnesses. If they believe a motorist has broken traffic laws, they might issue a ticket. Insurance companies may also rely on police reports to determine fault.

After an accident, it is normal for drivers to point at each other. This can be harmful. This may not only give the other driver a negative impression however, it could also lead to you admitting guilt in court.

In most car accidents, there are usually two or more people who share a percentage of responsibility. This is the reason why most states have modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their portion of the fault. A traffic citation can be used by an insurance adjuster to increase the percentage of claimant blame in an accident. This can reduce the amount of compensation for injuries.

The fact that someone is mentioned in a car accident could be evidence that they were responsible for the accident. It's not a guarantee that a personal injury lawsuit will be successful. Depending on the circumstances of your case, you may require other forms of evidence to show that the other driver was negligent and caused you harm. Witness testimony, evidence at the scene of the accident, and medical records to prove your injuries.

Police reports

When law enforcement personnel attend the scene of a car crash, they will fill out an official police report. These reports include both the information and opinions observed by the officers on the scene when the accident occurred. This is a crucial document to be included in any auto accident claim. Insurance companies will review the report in order to determine the fault and compensate injured parties.

Depending on jurisdiction, police reports could be considered admissible to court. The main reason is that the police report includes statements made by individuals who are not sworn witnesses in court. To allow these statements to be considered as evidence in a legal proceeding they must be covered by one of the exemptions to hearsay law.

A typical police report will include details about the driver, vehicles and the victims who were involved in the crash, as well as the details of the incident and any evidence discovered at the scene. Many police reports also include the officer's opinions about what caused the crash and who is to blame.

Even if you don't feel injured, it's beneficial to file a police accident report even if the incident seems minor. Documentation is important because not all injuries are visible immediately.