auto accidents Accident Legal Matters
If you are injured in an accident in the car, you should contact an experienced attorney as soon as you can. Your attorney can help you know your rights and obtain the compensation you are entitled to.
Every driver is required to obey traffic laws. They are liable if they do not abide by this obligation and cause harm.
Damages
In general there are two kinds of damages that can result from an automobile auto accident lawsuits. The first type of damages known as special damages, comes with a value in dollars that is easily calculated. Special damages can include medical bills, lost wages and vehicle repairs. The second type of damage that are referred to as non-economic damages is more difficult to quantify. They include things like pain and suffering.
In order to receive compensation for non-economic losses, you must be able establish that your injuries were serious enough to warrant an award. This is a daunting task, and the injured should be represented by an attorney.
One of the most frequent kinds of non-economic damages is the loss of enjoyment of life. It is usually the amount of money reflected in the diminished quality of life resulting due to accident-related injuries. Also, it includes the inability to participate in certain activities, such as driving that were once enjoyable.
In some cases victims may sue for punitive damages. This type of damage is designed to penalize the defendant for an egregious violation and to deter 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 evidence that proves the defendant committed a crime with a clear disregard for other people’s safety.
Liability
If you’re injured in a car accident, the person or entity responsible for your injuries will be held accountable to compensate you. This includes reimbursement for medical expenses, property damages, lost income, and other damages that include pain and discomfort. In most cases, the person who caused the accident will be responsible. However, it’s not uncommon for both drivers to share a portion of the blame. Certain states have what are known as comparative negligence laws, where a jury will determine the percentage of fault each driver is responsible for and adjust the damage amount accordingly.
It is vital that you prove what happened to an insurance company or to a jury or judge. This is referred to as the burden of proof. The plaintiff has the burden of proving. You must present evidence to prove that the incident happened.
A government agency can be liable for an accident. This can happen when a roadway is poorly constructed or maintained, and this results in an accident. These kinds of claims are also referred to as roadway defect cases. These types of claims can also be brought by manufacturers. They may be responsible for the defects in cars, like brakes, tires and mechanical failure.
At-fault driver citations
Most of the time, police officers can determine who was the cause of an accident by analyzing the scene of the accident and interviewing witnesses. If they believe a motorist has violated traffic laws they can issue a citation. Insurance companies will also review police reports to help them determine fault.
Following an accident, it is normal for drivers to point fingers at each one another. However, this can be harmful. Besides giving the other driver the wrong impression, it could lead to an admission of guilt that can be used against you in court.
Most car accidents involve two or more persons who share some degree of fault. This is why many states follow modified comparative fault rules that allow the victim to recover damages minus their portion of the fault. An insurance adjuster may apply a traffic citation to increase a claimant’s share of fault in the accident, which may reduce their settlement for their injuries.
The fact that a person is mentioned in a vehicle accident could be evidence that they were responsible for the accident. However, it’s not an assurance of the outcome of a personal injury lawsuit. Based on your particular case the other evidence could be required to show that the other driver was negligent and injured you. This could include witness testimony, evidence taken from the scene of the accident, and medical records detailing your injuries.
Police reports
When police officers arrive at a crash site and are asked to fill out an official report. These reports contain both facts and opinions that are compiled by officers who are on scene at the time of the collision. This is a crucial document for any claim for auto accidents. Insurance companies will review the report in order to help determine fault and compensation for the parties who have been injured.
According to the jurisdiction, police reports may or may not be considered admissible to court. The police report contains testimony from people who aren’t officially sworn in as witnesses. These statements must fall within an exception to the hearsay law to be admissible as evidence.
A typical police report includes details about the vehicle, driver, and victims involved in the crash, as well as the details of the incident and any evidence that was discovered at the scene. A majority of police reports contain an officer’s opinion on the cause of the accident and who is to blame.
Even if you’re not injured, it’s in your best interests to make a police report even if the incident seems minor. Documentation is essential because not all injuries are visible immediately.