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auto accident law firm Accident Legal Matters

If you are injured in an auto accident, call an experienced attorney as quickly as possible. Your lawyer can explain your rights and help to get the compensation you need.

All drivers are responsible to obey traffic laws. They are liable if they breach this duty and cause harm.

Damages

In general there are two kinds of damages that could result from a car crash. The first type, referred to as special damages, have a precise dollar amount that is easy to determine. Special damages are medical bills loss of wages, vehicle repairs. The second type, which is referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.

In order to receive compensation for non-economic losses it is necessary to demonstrate that your injuries were severe enough to warrant an award. This is a daunting job and the person who was injured must be represented by an attorney.

One of the most frequent forms of non-economic damages is the loss of enjoyment in life. This usually involves an amount in dollars that represents the diminished quality of life resulting due to injuries caused by accidents. This includes the inability for the victim to take part in activities that were once enjoyable like driving.

In rare instances, victims may be in a position to sue for punitive damages. This kind of damages are intended to punish the defendant for an egregious violation and helps deter other people from doing the same in the future. The punitive damages might not be offered in all cases. A successful claim will require evidence that the defendant acted with conscious disregard for others' safety.

Liability

If you are injured in an automobile accident, the person responsible for your injuries is liable to compensate you. This includes money for medical expenses as well as property damage, loss of income and noneconomic injuries like suffering and pain. In the majority of cases, it will be the driver who caused the crash. However, it's not unusual for two drivers to share some responsibility. Some states have laws known as comparative negligence, in which a jury determines the respective percentages of each driver and adjusts the damage amount accordingly.

It is vital that you can demonstrate what transpired to an insurance company or to a judge and jury. This is referred to as the burden of evidence. The burden falls on the person who is making the claim, which is the plaintiff and it demands that you provide the evidence that demonstrates how your crash happened.

A government agency can also be held responsible for an accident. This could occur when a roadway is not maintained properly or designed and contributes to an accident. These types 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 the defects in brakes, tires, and mechanical failures.

At-fault driver citations

An officer will often be able to determine the cause of an incident by looking at the scene of the accident and auto accident interviewing witnesses. If they believe a motorist has violated traffic laws they could issue a ticket. Insurance companies may also review police reports to determine the cause of the incident.

It is common for drivers to blame one another following an accident. But, this can be detrimental. Besides giving the other driver the wrong impression, it could lead to an admission of guilt that could be used against you in court.

The majority of car accidents involve two or more people with varying degrees of fault. This is why most states have modified comparative fault rules that allow the victim to recover damages that are less than their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage at fault in an accident. This can reduce the chance of recovering compensation for injuries.

The fact that a person is mentioned in a vehicle accident could be evidence that they caused the accident. However, it is not an assurance of the outcome of an injury lawsuit. Depending on the circumstances of your case you may need other types of evidence to prove the other driver was negligent and caused you harm. This includes witnesses' testimony, evidence from the scene of the accident and medical records of your injuries.

Police reports

If law enforcement officers are at the scene of a car accident they will fill out an official police report. The reports will contain both information and opinions noted by the officers on the scene when the accident took place. This is a vital document for any auto accident claims. Insurance companies will also look over the report to determine the fault and amount of compensation.

Depending on jurisdiction, police reports could or might not be considered admissible to court. The main reason is because the police report includes statements made by people who aren't sworn witnesses in court. These statements must fall within an exception to the hearsay law to be admissible as evidence.

A typical police report contains information about the driver, the vehicles and the people involved in the crash as well as an account of the incident and any evidence found on the scene. A majority of police reports contain an officer's opinion on the reason for the crash and who's responsible for the incident.

Even if there is no indication that you are injured, it's the best option to submit a police accident report even if the incident appears to be minor. Documentation is essential because there aren't all injuries evident immediately.