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Auto Accident Legal Matters

Contact an experienced attorney immediately when you've been injured in a car accident. An attorney can assist you learn about your rights and help you get the compensation that you deserve.

All drivers are responsible to obey traffic laws. They can be held accountable if they do not abide by this obligation and cause harm.

Damages

Generally speaking there are two kinds of damages that may result from a car accident. The first type of damage, known as special damages, comes with the value of a dollar that can be easily determined. Special damages include medical expenses as well as lost wages and repairs to vehicles. The second type, referred to as non-economic damages, are more difficult to quantify. They include things like suffering and pain.

In order to be compensated for non-economic losses you must establish that your injuries were serious enough to warrant such an award. This is a daunting task, and the person who has suffered must be represented by an attorney.

One of the most popular kinds of non-economic damage is the loss of enjoyment in life. This is usually a financial amount that indicates a decreased quality of living due to injuries caused by accidents. This includes the inability of the victim to participate in activities that were once enjoyable like driving.

In rare cases victims could be in a position to sue for punitive damages. This type of damages is intended to punish the defendant and deter any future actions which are as indecent. Punitive damages may not be offered in all cases. A successful claim will require evidence that the defendant acted with conscious disregard for the safety of others.

Liability

If you are injured in a car accident the person who caused the injuries you sustained is responsible to pay you. This includes money for medical expenses and property damage, as well as loss of income, and other non-economic damages like suffering and pain. In the majority of cases, it will be the driver that was responsible for the crash. However, it's not uncommon for the two drivers to share some blame. Certain states have laws that are called comparative negligence, where jurors determine the percentage of each driver and adjusts the damage amount accordingly.

It is vital that you can prove what happened to an insurance company or to a jury or judge. The burden of evidence is what we refer to it. The burden falls on the person making the claim, namely the plaintiff and demands that you provide the evidence that demonstrates how your crash occurred.

A government entity could be liable for an accident. This can happen when a roadway is poorly constructed or maintained and contributes to an accident. These kinds of claims are also known as road defect cases. Sometimes, manufacturers are responsible in these claims too. They may be responsible for car-related defects like brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine who was the cause of an accident by analyzing the crash scene and interviewing witnesses. If they suspect that a driver has broken traffic laws, they might issue a ticket. Insurance companies will take a look at police reports to help determine fault.

After an accident, it's normal for drivers to point at each one another. However, this could be detrimental. It could not only leave the other driver a negative impression, but it could also cause you to admit guilt in the court.

In the majority of car accidents, there are two or more parties that share a certain amount of fault. This is why many states follow modified comparative fault rules that allow the claimant to claim damages less their percentage of fault. An insurance adjuster can sometimes utilize a traffic ticket to increase the percentage of responsibility for the accident, which could reduce their potential settlement for their injuries.

The fact that someone is mentioned following a car crash could be strong evidence that they caused the crash. It's not an assurance that a personal injury claim will be successful. Based on the circumstances of your case the other evidence could be required to prove that the other driver was negligent and caused injury to you. Witness testimony, evidence from the accident scene and medical documents to prove your injuries.

Police reports

When officers from the police arrive at a crash site they complete an official report. These reports contain both facts and opinions noted by the officers present at the time of the crash. This is an important document for any claim for auto accidents. Insurance companies will examine the report to determine fault and compensation for auto accidents the victims.

Based on the jurisdiction, police reports may or may not be considered admissible to court. The main reason for this 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 proceeding they must be covered by one of the hearingsay exceptions under law.

A typical police report contains information about the car, driver and the victims who were involved in the crash, as well as the details of the incident and any evidence that was found at the scene. Many police reports include an officer's view on the reason for the accident, and who is to blame.

If you are not hurt, it is recommended that you always file a police report for any accident that you are involved in even if the incident appears minor. Documentation is important since there aren't all injuries visible immediately.