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auto accidents Accident Legal Matters

If you've been injured as a result of a car accident, contact an experienced attorney as soon as possible. Your lawyer can explain your rights and help you get the compensation that you are entitled to.

All drivers are accountable for obeying traffic laws. When they breach that duty and cause injury, they can be held responsible.

Damages

In general there are two types of damages that may result from a car accident. The first, called special damages, have a specific dollar amount that is easy to determine. Examples of special damages include medical bills loss of wages, vehicle repair are examples of special damages. 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.

To be eligible for compensation for noneconomic losses it is necessary to demonstrate that your injuries were severe enough to warrant this award. This is not an easy task and the victim must be represented by a lawyer.

One of the most frequent types of non-economic damages is the loss of enjoyment in life. In general, this is an amount in dollars that represents the diminished quality of life resulting as a result of injuries caused by accidents. This includes the inability for the victim to participate in activities that were once enjoyable like driving.

In rare cases victims may seek punitive damages. This kind of damage is designed to punish the defendant for a particular sloppy act and helps deter others from similar acts in the future. The possibility of punitive damages is not available in every case, and a successful claim relies on the evidence that proves the defendant acted with a conscious disregard for the safety of others.

Liability

If you are injured in an auto accident law firm accident, the person responsible for your injuries is responsible to pay you. This includes compensation for medical costs or property damage, loss of income, as well as non-economic damages, such as pain and discomfort. In most cases, this will be the driver who caused the crash. However, it's not uncommon for the two drivers to share some blame. Some states have laws that are known as comparative negligence, in which a jury determines the respective percentages of each driver and adjusts the damage amount in proportion.

It is vital that you can prove what happened to an insurance company, or to a jury or judge. The burden of proof is what we call it. The burden is shifted to the party making the claim - the plaintiff - and requires you to provide evidence of how your crash happened.

A government entity can also be held responsible for an accident. This could occur when a highway is poorly maintained or designed and contributes to an accident. These types of claims are also known as road defect cases. Sometimes, the manufacturers are at fault in these kinds of claims as well. They could be held accountable for defects, such as brakes, tires and mechanical failure.

At-fault driver citations

A police officer is often able to determine who caused an incident by analyzing the accident scene and interviewing witnesses. They can issue a ticket if they think that a motorist violated traffic rules. Insurance companies may also use police reports to determine fault.

Following an accident, it is normal for drivers to point at each other. This can be detrimental. It could not only leave the other driver a negative impression and could cause you to confess guilt in court.

Most car accidents involve two or more people who share a certain amount of fault. This is the reason that most states have modified comparative fault rules that allow the claimant to seek compensation for damages minus their proportion of fault. An insurance adjuster may apply a traffic citation to increase a claimant's percentage of responsibility for the accident, which could reduce their potential payout for their injuries.

The the fact that a person is cited in the aftermath of a car accident could be a strong proof that they caused the crash. It's not an assurance that a personal injury lawsuit will be successful. Depending on the circumstances of your case you may require other forms of evidence to show that an other driver was negligent and caused harm to you. Witness testimony, evidence from the scene of the accident and medical records to prove your injuries.

Police reports

When law enforcement officers attend a car accident scene they will complete an official police report. These reports contain both the facts and opinions noted by the officers who are on scene at the time of the collision. It is an essential document for any auto accident law firm accident claims. Insurance companies also will review the report to determine fault and compensation.

Depending on the location, police reports are admissible or not in court. The police report contains statements of people who haven't been legally sworn as witnesses. These statements must fall within an exception to the hearsay law in order to be used as evidence.

A typical police report includes details regarding the driver, vehicles and the people involved in the crash and an account of what transpired and any evidence that was found on the scene. A majority of police reports contain the officer's opinion about the cause of the accident, and who is at fault.

Even if you don't feel injured, it is still in your best interests to submit a police accident report, even if the accident appears to be minor. Documentation is important because there aren't all injuries visible immediately.