Auto Accident Legal Matters
If you've suffered injuries in an automobile accident, consult an experienced attorney as soon as you can. Your attorney can explain your rights and help you get the compensation you need.
Every driver is required to obey traffic laws. When they breach that duty and cause harm, they are liable.
Damages
In general, there are two different types of damages that can result from an
auto accidents accident. The first type of damage known as special damages, have the value of a dollar that is easily calculated. Examples of special damages include medical bills loss of wages, repairs to vehicles are examples of special damages. The second type, which is referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering.
To be able to claim compensation for non-economic losses it is essential to to demonstrate that the injuries suffered were serious enough to warrant such an award. This is not an easy task and the victim should be represented by a lawyer.
One of the most frequent kinds of non-economic damage is the loss of enjoyment of life. It is typically a financial amount that represents a lower quality of life because of injuries resulting from accidents. Also, it is the inability to participate in certain activities, like driving, which were once enjoyable.
In rare cases victims may be able to pursue punitive damages. This type of damage is intended to punish the defendant for a particularly egregious act, and serves to deter others from repeating the same actions in the future. Punitive damages are not available in all circumstances. A successful claim will require strong evidence that the defendant acted with a conscious disregard for others' safety.
Liability
If you suffer injuries in a car accident the person who caused the injuries you sustained is responsible to compensate you. This includes money for medical expenses as well as property damage, loss of income, as well as other injuries like pain and suffering. In most cases, the driver who caused the crash will be accountable. It is not unusual for two drivers to share blame. Some states have laws that are called comparative negligence, where a jury determines the proportion of each driver's share and adjusts the damage amount accordingly.
It is essential that you show to the satisfaction an insurance company or jury or judge what took place. This is known as the burden of proof. The plaintiff is the one who bears the burden of proving. You must present evidence to prove that the accident happened.
Another kind of case that could be filed is when a government agency is the one responsible for the accident. This can be the case when a road is not maintained or constructed properly, and this contributes towards an accident. These types of claims are also referred to as road defect cases. These kinds of claims could also be brought by manufacturers. They may be liable for car defects such as tires, brakes and mechanical failure.
At-fault driver citations
An officer will often be able to determine who was the culprit by analyzing the scene of the accident and interviewing witnesses. If they suspect that a driver has violated traffic laws, they could issue a ticket. Insurance companies can also use police reports to determine the fault.
It is natural for drivers to point fingers at each other following an accident. This can be harmful. Besides giving the other driver a negative impression, it could result in an admission of guilt, which could be used against you in court.
Most car accidents can involve two or more people who share some degree of responsibility. Many states have modified comparative-fault rules, which allow claimants to recover damages that are less than their share of blame. An insurance adjuster might utilize a traffic ticket to increase a claimant's share of blame for the accident which can reduce their settlement for their injuries.
The fact that someone is cited following a car crash could be strong evidence that they were the cause of the crash. It is not an assurance that a personal injury claim will be successful. Based on the circumstances of your case additional evidence may be required to establish that the other driver was negligent and caused injury to you. Witness testimony, evidence at the scene of the accident, and medical documents to show your injuries.
Police reports
When police officers arrive at a vehicle accident site they will fill out an official report. These reports include both information and opinions observed by the officers on the scene when the accident took place. This is an important document for any claim for
auto accidents. Insurance companies will study the report to help determine fault and compensation for the parties who have been injured.
Based on the jurisdiction, police reports may or may not be accepted in court. The police report includes statements from individuals who haven't been sworn in as witnesses. In order for these statements to be used in a legal proceeding, they must fall under one of the exceptions to hearsay law.
A typical report from a police officer includes details about the driver, vehicles as well as the victims of the crash,
auto accidents in addition to an account of the incident and any evidence discovered at the scene. Many police reports include an officer's opinion on the cause of the accident, and who is responsible for the incident.
Even if you don't feel injured, it's recommended to file a police accident claim, even if the accident seems minor. Documentation is essential because not all injuries are obvious immediately.