Auto Accident Legal Matters
Get in touch with an experienced attorney as soon as possible when you've been injured in a car crash. Your lawyer can assist you learn about your rights and help you get the compensation that you deserve.
All drivers are responsible for adhering to traffic laws. They are liable if they breach this duty and cause harm.
Damages
In general there are two kinds of damages that can result from an accident. The first type called special damages, has the value of a dollar that is easily determined. Special damages are medical bills or lost wages, as well as repairs to vehicles. The second type of damages, referred to as non-economic damage, is more difficult to quantify. They include things like suffering and pain.
To receive compensation for noneconomic losses, you must be able show that your injuries were serious enough to warrant such an award. This is an extremely difficult task, and the person who has suffered must be represented by an attorney.
The loss of enjoyment is one of the most common non-economic damages. Generally, this entails the amount of money reflected in the reduced quality of life resulting as a result of the injuries caused by accidents. This includes the inability of the victim to perform activities that were once enjoyable like driving.
In rare cases, victims may be allowed to sue for punitive damage. The purpose of this type of damage is intended to punish the perpetrator and deter future acts that are as egregious. Damages for punitive intent may not be available in all instances. A successful claim will require strong evidence that the defendant was acting with conscious disregard for the safety of others.
Liability
If you're injured in an accident involving a vehicle the person responsible for your injuries is responsible to compensate you. This will include money for medical expenses and property damage, as well as loss of income, and other non-economic damages like pain and suffering. In most cases, this will be the driver who caused the crash. However, it's not uncommon for the two drivers to share some responsibility. Some states apply what's known as comparative negligence laws. jurors will determine each driver's percentage of fault and adjust the damage amount accordingly.
It is crucial that you demonstrate what transpired to an insurance company or to a judge and jury. The burden of evidence is what we refer to it. The burden falls on the person who makes the claim - the plaintiff - and requires you to show evidence of how your crash occurred.
A government agency can be liable for an accident. This can be the case when a road is not properly maintained or designed and contributes to an accident. These kinds of claims are also known as road defect cases. These kinds of claims can also be brought by manufacturers. They may be liable for car-related defects such as brakes, tires and mechanical failure.
At-fault driver citations
An officer will often be able to determine who was the culprit by analyzing the scene and interviewing witnesses. auto accident law firm independence may write an order if they believe the driver was in violation of traffic laws. Insurance companies also examine police reports to determine who is at fault.
Following an accident, it's normal for drivers to point at each other. This can be detrimental. This may not only give the driver behind you a bad impression, but it could also cause you to confess guilt in the court.
In most car accidents, there are at least two parties who share some level of fault. Many states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of fault. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage blame in an accident. This could reduce the potential payout for injuries.
The the fact that a person is cited in the aftermath of a car accident could be powerful evidence that they were the cause of the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Based on your particular case additional evidence may be required to prove that the other driver was negligent and caused injury to you. You will need witness testimony, evidence from the accident scene and medical documents to prove your injuries.
Police reports
If law enforcement officers are at a car accident scene they will complete an official police report. These reports contain both facts and opinions that are compiled by officers who were on the scene at the time of the collision. This report is essential for any claim involving an auto accident. Insurance companies will scrutinize the report to help determine the fault and compensate the parties who have been injured.
Based on the jurisdiction of the police, reports could or might not be admissible in court. The main reason for this is that the police report contains statements from individuals who are not sworn witnesses in court. These statements must fall within an exception to the law of hearsay in order to be used as evidence.
A typical report from a police officer includes details about the driver, vehicles and the victims involved in the crash, as well as an account of the accident and any evidence that was discovered at the scene. Many police reports also contain the officer's opinion on the circumstances of the crash and who is most responsible for the incident.
If you are not hurt, it is in your best interest to always complete a police investigation for any accident you're involved in even if it appears to be minor. Some injuries don't show up right away and having a solid record can go a long way toward helping you win the amount you are due for medical expenses.