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Auto Accident Legal Matters

Contact an experienced attorney immediately when you've been injured in a car crash. An attorney can explain your rights and assist you receive the compensation you deserve.

All drivers are responsible for adhering to traffic laws. They are accountable if they violate this duty and cause harm.

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In general there are two types of damage that can result from a car accident. The first type, referred to as special damages, have a specific dollar value that is easy to calculate. Special damages are medical bills as well as lost wages and vehicle repairs. The second type, which is referred to as non-economic damages are more difficult to quantify. These include things such as pain and suffering.

In order to be eligible for compensation for non-economic losses, it is necessary to be able to prove that the injuries sustained were serious enough to warrant such an award. This is a challenging task and the injured party should be represented by a lawyer.

One of the most frequent kinds of non-economic damage is the loss of enjoyment life. It is typically a financial amount that reflects a reduced quality of life due to injuries sustained in accidents. This includes the inability of the victim to participate in activities that were once enjoyable like driving.

In rare cases victims could be able to sue for punitive damage. This type of damage is designed to penalize the defendant for an egregious violation and also to discourage others from similar acts in the future. Punitive damages are not available in all cases, and a successful case relies on evidence that shows the defendant acted with a conscious disregard for the safety of others.

Liability

If you suffer injuries in an accident involving a vehicle the person who caused your injuries is accountable to pay you. This includes compensation for medical expenses and property damages, as well as lost income, and non-economic damages such as discomfort and pain. In most cases, the driver that caused the crash will be accountable. However, it is not uncommon for the two drivers to share some blame. Some states have laws that are called comparative negligence, where a jury determines the respective percentages of each driver and adjusts the amount of damage accordingly.





It is vital to demonstrate what transpired to an insurance company or to a judge and jury. This is referred to as the burden of evidence. The burden is shifted to the person who makes the claim - the plaintiff and it requires you to present evidence of how your crash happened.

A government agency can be liable for an accident. This could occur when a highway is poorly maintained or designed which can lead to an accident. These are also referred to as roadway defect cases. These kinds of claims can also be brought by manufacturers. They may be liable for defects in cars such as tires, brakes and mechanical failure.

At-fault driver citations

A police officer is often able to determine who caused an incident by looking at the scene of the accident and interviewing witnesses. If they believe a motorist has violated traffic laws they might issue a ticket. Insurance companies could also use police reports to determine fault.

After an accident, it is normal for drivers to point at each other. 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.

In most car accidents, there are two or more parties sharing a portion of responsibility. This is the reason why most states follow modified comparative fault rules that allow the victim to seek compensation for damages minus their proportion of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage claimant blame in an accident. This could reduce the chance of recovering compensation for injuries.

The fact that a person is mentioned in a vehicle crash could be proof that they caused the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Based on your particular case additional evidence may be required to prove that the other driver was negligent and injured you. You will need witness testimony, evidence at the scene of the accident, and medical records to show your injuries.

Police reports

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

Based on the jurisdiction of the police, reports may or may not be considered admissible in court. The main reason is because the police report contains statements by people who aren't sworn witnesses in court. These statements must be included in an exception to the law of hearsay in order to be used as evidence.

A typical police report contains details about the driver, the vehicles and victims involved in the crash and an account of what transpired and any evidence found at the scene. A majority of police reports contain the officer's opinions on the cause of the accident, and who is to blame.

If you are not hurt however, it is recommended that you always file a police report for any incident you're involved in even if the incident appears to be a minor. Some injuries don't show up in a hurry, and having solid documentation can help in helping you win the money you deserve for your medical expenses.