20 Resources To Make You More Effective At Auto Accident Attorney
auto accidents Accident Legal Matters
If you've suffered injuries in a car accident, contact an experienced attorney as quickly as you can. Your lawyer can help you understand your rights and get the compensation you are entitled to.
Every driver is required to abide by traffic laws. They are liable if they do not abide by this obligation and cause harm.
Damages
Generally speaking there are two types of damages that could result from a car crash. The first, referred to as special damages, have a precise dollar value that is easy to calculate. Things like medical expenses or lost wages as well as vehicle repair are examples of special damages. The second type of damage that are referred to as non-economic damage, is more difficult to quantify. These include things like suffering and pain.
In order to be compensated for non-economic losses you must show that your injuries were serious enough to warrant an award. This is a challenging task, and the person who has suffered should be represented by an attorney.
Loss of enjoyment of life is one of the most frequently reported non-economic damages. It is typically a financial amount that indicates a decreased quality of living as a result accident-related injuries. Also, it involves the inability to take part in certain activities, like driving, that were once enjoyable.
In some cases victims may be capable of suing for punitive damages. This type of damage is intended to punish the defendant for a particularly indecent act and also to discourage others from similar acts in the future. Punitive damages may not be available in all cases and a successful claim depends on the strength of evidence that proves the defendant acted with conscious disregard for other people's safety.
Liability
If you are injured in a car accident, the person or entity responsible for your injuries is liable to pay you compensation. This includes compensation for medical expenses, property damages, lost income, as well as non-economic damages like pain and discomfort. In most cases, this is the driver who caused the crash. It is not unusual for two drivers to share the blame. Some states have laws called comparative negligence, where the jury decides on the respective percentages of each driver and adjusts the damage amount accordingly.
It is vital that you can prove to the satisfaction of an insurance company or jury or judge what happened. The burden of evidence is what we refer to it. The plaintiff bears the burden of proving. You have to provide evidence to prove that your accident took place.
A government agency can also be held accountable for an accident. It can happen when a roadway is poorly designed or maintained and this causes an accident. These types of claims are also known as road defect cases. These kinds of claims can also be brought by manufacturers. They could be held liable for the defects in brakes, tires and mechanical failure.
At-fault driver citations
A police officer is often able to determine the cause by looking at the scene of the accident and interviewing witnesses. If they believe a driver has violated traffic laws, they can issue a citation. Insurance companies may also use police reports to determine the fault.
It is normal for drivers to blame each other after an accident. However, this can be detrimental. It could not only leave the driver in front of you a bad impression and could lead to you admitting guilt in court.
In the majority of car accidents there are two or more people who share a percentage of fault. Many states have modified comparative-fault rules, which allow claimants to recover damages that are less than their share of fault. An insurance adjuster may use a traffic citation to increase the percentage of blame for the accident which may reduce their compensation for their injuries.
The incident that someone is cited following a car crash could be evidence that they caused the crash. However, it's not an assurance of the outcome of a personal injury lawsuit. Depending on your case, other types of evidence may be needed to prove that the other driver was negligent and caused injury to you. This includes witnesses' testimony, evidence from the scene of the accident and medical records of your injuries.
Police reports
When law enforcement officers attend a car accident scene, they will fill out an official police report. These reports contain both facts and opinions noted by the officers on the scene at the time of the accident. This is a crucial document to be included in any claim for auto accidents. Insurance companies will study the report as well to help determine fault and the amount of compensation for the injured parties.
Based on the jurisdiction of the police, reports could or might not be admissible in court. The police report contains statements from people who aren't officially sworn in as witnesses. These statements must fall under an exception to the hearsay law in order to be used as evidence.
A typical report from a police officer contains details about the driver, the vehicles and the people involved in the accident along with a description of what happened and any evidence found at the scene. A majority of police reports contain an officer's view on the cause of the accident, and who is to blame.
If you're not injured it is in your best interest to always submit a police report after any accident you're involved in, even if it appears to be minor. Documentation is important since there aren't all injuries visible right away.