Auto Accident Legal Matters
If you’ve been injured as a result of an auto accident, call an experienced attorney as quickly as you can. Your lawyer can explain your rights and help you receive the compensation you are entitled to.
Every driver is required to follow traffic laws. If they do not comply with this duty and cause harm, they are accountable.
Damages
In general there are two kinds of damages that can result from a car crash. The first type of damage, known as special damages, have the value of a dollar that is easily determined. Things like medical bills, 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. These include things like pain and suffering.
In order to be eligible for compensation for losses that are not economic, it is essential to be able to demonstrate that the injuries suffered were serious enough to warrant such an award. This is a difficult task and the victim should be represented by an attorney.
One of the most prevalent kinds of non-economic damage is the loss of enjoyment in life. It’s usually a financial amount that represents a lower quality of living due to injuries sustained in accidents. Also, it can result in the inability of participating in certain activities, such as driving, which were once enjoyable.
In rare cases victims may be able to pursue punitive damages. This kind of damage is intended to punish the defendant for an egregious violation, and serves to deter others from similar acts in the future. Damages for punitive intent may not be offered in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for others’ safety.
Liability
If you are injured in a car accident, the person responsible for your injuries is liable to pay you. This includes compensation for medical costs and property damages, as well as lost income, and non-economic damages that include pain and discomfort. In the majority of cases, the person who caused the crash will be accountable. It is not uncommon for the two drivers to share the blame. Some states apply what’s known as comparative negligence laws. jurors will determine the percentage of fault each driver is responsible for and adjust the damage award in proportion.
It is crucial that you demonstrate to the satisfaction of an insurance company or jury or judge what happened. The burden of evidence is what we call it. The plaintiff bears the burden of proving. You have to provide evidence to prove that the accident happened.
Another kind of case that could be brought is when a government institution is the one responsible for the accident. This can occur when a roadway is poorly maintained or designed which can lead to an accident. These types of claims are also known as road defect cases. Sometimes, auto accident lawyer concord are at fault in these claims as well. They may be liable for defects in cars such as brakes, tires and mechanical failure.
At-fault driver citations
Often, an officer can determine who caused the accident by looking at the scene of the accident and interviewing witnesses. If they believe a motorist is in violation of traffic laws, they may issue a ticket. Insurance companies may also rely on police reports to determine the fault.
It is common for drivers to point fingers at one another after an accident. This can be detrimental. In addition to giving the driver a bad impression, it could lead to an admission of guilt that could be used against you in court.
In most car accidents there are at least two people who share a percentage of blame. Most states have modified comparative-fault rules that allow claimants to recover damages that are less than their percentage of blame. A traffic ticket can be used by an insurance adjuster to increase the claimant’s percentage fault in an accident. This could decrease the possibility of a payout for injuries.
The fact that someone is mentioned in a car crash could be proof that they caused the crash. It is not a guarantee that a personal injury lawsuit will be successful. Based 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. You will need witness testimony, evidence at the accident scene and medical documents to prove your injuries.
Police reports
When law enforcement personnel attend the scene of a car accident they fill out an official police report. The reports contain both the facts and opinions recorded by the officers at the scene at the time the accident took place. This is a crucial document for any auto accident claims. Insurance companies will also examine the report to determine the fault and amount of compensation.
Depending on jurisdiction, police reports could or might not be accepted in court. The police report contains testimony from people who aren’t officially sworn in as witnesses. These statements must be included in an exception to the law of hearsay to be used as evidence.
A typical police report includes information about the driver, vehicles and the victims involved in the crash, along with a description of the incident and any evidence discovered at the scene. Many police reports include the officer’s opinions on the cause of the accident, and who is at fault.
If you’re not injured but you are not injured, it is the best option to always submit a police report after any accident you’re involved in even if it seems to be a minor. Documentation is important since there aren’t all injuries evident immediately.