Auto Accident Legal Matters

Contact an experienced attorney immediately If you’ve suffered injuries in a car accident. Your lawyer can assist you learn about your rights and help you get the compensation that you deserve.

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

Damages

In general there are two types of damage that can result from a car accident. The first type of damage, known as special damages, comes with a value in dollars that is easily determined. Things like medical expenses as well as lost wages and vehicle repair are examples of special damages. The second type, which is referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.

In order to receive compensation for non-economic losses it is necessary to be able to show that the injuries suffered were severe enough to merit such an award. auto accident law firm meridian is not an easy task and the victim should be represented by an attorney.

Loss of enjoyment of life is one of the most frequent non-economic damages. It is usually the amount of money reflected in the reduced quality of life experienced as a result of injury caused by an accident. It also includes the inability to participate in certain activities, like driving, that used to be enjoyable.

In a few cases, victims can pursue punitive damages. The purpose of this type of damage is intended to punish the defendant and discourage future acts that are just as bad. Punitive damages are not available in every case, and a successful claim relies on strong evidence showing that the defendant acted with conscious disregard for other people’s safety.

Liability

If you are injured in an accident in a car the person or organization responsible for your injuries is liable to pay you compensation. This includes compensation for medical expenses and property damage, as well as loss of income and noneconomic damages such as pain and suffering. In most cases, the driver that caused a crash will be accountable. However, it’s not unusual for two drivers to share a portion of the blame. Some states have laws that are called comparative negligence, where jurors determine the respective percentages of each driver and adjusts the damages awarded according to the percentage.

It is vital that you can prove what happened to an insurance company, or to a judge and jury. This is known as the burden of evidence. The plaintiff has the burden of proof. You must prove to prove that the incident took place.

A government entity can also be held responsible for an accident. This could occur when a highway is not maintained properly or designed, and this contributes towards an accident. These kinds of claims are also known as road defect cases. These kinds of claims could also be brought by manufacturers. They could be accountable for defects in cars such as brakes, tires and mechanical failure.

At-fault driver citations

Usually, a police officer can determine who caused the accident by studying the scene of the crash and speaking with witnesses. If they believe a driver has violated traffic laws, they might issue a ticket. Insurance companies will take a look at police reports to help them determine fault.

It is natural for drivers to point fingers at one another after an accident. However, this could be harmful. In addition to giving the driver a negative impression it could lead to 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 blame. This is why most states follow modified comparative fault rules that permit the claimant to recover damages that are less than their percentage of fault. An insurance adjuster can sometimes use a traffic citation to increase a claimant’s percentage of responsibility for the accident, which could limit their payout for their injuries.

The the fact that a person is cited following a car crash could be evidence that they were the cause of the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case you may require other types of evidence to show that the other driver was negligent and caused you harm. This could include witness testimony, evidence taken from the scene of the accident, and medical records regarding your injuries.

Police reports

When officers from the police arrive at a crash site and are asked to fill out an official report. The reports will contain both facts and opinions of the officers who are on scene at the time of the accident. This is an important document for any claim for auto accidents. Insurance companies will also look over the report to determine fault and compensation.

Based on the location, police reports are acceptable or not admissible in court. The police report includes statements from individuals who haven’t been certified as witnesses. These statements must fall within an exception to the law of hearsay to be used as evidence.

A typical report from a police officer contains details about the driver, vehicles involved and the victims in the accident, as well as the details of what happened and any evidence discovered on the scene. Many police reports include the officer’s opinion about the cause of the accident and who’s to blame.

Even if you’re not injured, it’s recommended to file a police accident report even if the incident appears to be minor. Documentation is important since not all injuries are visible right away.