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Auto 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 you get the compensation you are entitled to.

Every driver is required to abide by traffic laws. If they fail to do so and cause injury, they can be held responsible.

Damages

Generally speaking there are two kinds of damages that may result from a car crash. The first, referred to as special damages, are characterized by a clear dollar value that is easy to calculate. Items like medical bills as well as lost wages and vehicle repairs are examples for special damages. The second type, which is referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

In order to receive compensation for non-economic losses it is necessary to prove that your injuries were serious enough to warrant this award. This is a difficult task and the injured party should be represented by an attorney.

The loss of enjoyment is one of the most commonly reported non-economic losses. It is usually an amount in dollars that represents the reduced quality of life that is experienced as a result of the injury caused by an accident. This could include the inability of the victim to perform activities that were once enjoyable, such as driving.

In rare instances victims may be able to pursue punitive damages. This kind of compensation is intended to penalize the defendant and discourage future acts that are just as bad. Damages for punitive purposes are not available in every case, and a successful claim is based on strong evidence showing that the defendant committed a crime with a clear disregard for the safety of others.

Liability

When you are injured in a car accident and are injured, the person or company responsible for your injuries is liable to compensate you. This will include money for medical expenses, property damage, loss of income and noneconomic injuries like pain and suffering. In most cases, the driver who caused a accident will be the one responsible. However, it is not unusual for two drivers to share a portion of the blame. Some states have laws known as comparative negligence, in which a jury determines the percentage of each driver and adjusts the damage award in accordance with the percentage.

It is vital that you prove what happened to an insurance company, or to a jury or judge. The burden of proof is what we call it. The plaintiff is the one who bears the burden of proving. You must present evidence to prove that the accident occurred.

A government agency can also be held accountable for an accident. This can occur when a roadway is poorly designed or maintained and this contributes to an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are responsible in these types of claims as well. They could be held liable for defects such as brakes, tires, and mechanical failures.

At-fault driver citations

Most of the time, police officers can determine the cause of an accident by studying the scene of the accident and interviewing witnesses. If they believe a motorist has violated traffic laws they can issue a citation. Insurance companies may also review police reports to help them determine fault.

It is natural for drivers to point fingers at each other following an accident. This can be harmful. This may not only give the driver in front of you a bad impression but could also cause you to admit guilt in court.

In the majority of car accidents there are usually two or more parties who share some level of fault. This is why most states have modified comparative fault rules that allow the claimant to claim damages less their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the percentage of claimant at fault in an accident. This can reduce the possibility of a payout for injuries.

The fact that someone is cited in a car accident could be evidence that they were responsible for the crash. It is not an assurance that a personal injury claim will be successful. Based on the circumstances of your case, you may require other forms of evidence to show that the other driver was negligent and caused harm to you. This could include witness testimony, evidence taken from the scene of the accident as well as medical records detailing your injuries.

Police reports

When law enforcement personnel attend a car accident scene, they will fill out an official police report. These reports contain both the facts and opinions gathered by officers who are on scene at the time of the accident. This is a crucial document to be included in any auto accident claim. Insurance companies will review the report to help determine the cause of the accident and to pay compensation to injured parties.

Depending on jurisdiction, police reports may or may not be admissible in court. The police report includes statements of people who haven't been officially sworn in as witnesses. These statements must be included in an exception to the hearsay law to be admissible as evidence.

A typical police report contains information about the vehicle, driver and the victims involved in the crash, along with an account of the accident and any evidence discovered at the scene. Many police reports include 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 file a police accident claim, even if the accident appears to be minor. Documentation is important because not all injuries are visible right away.