Auto Accident Legal Matters
If you are injured in an automobile accident, consult an experienced attorney as quickly as possible. Your lawyer can assist you understand your rights and get the compensation you deserve.
Every driver is responsible for adhering to traffic laws. If they violate that duty and cause injury, they can be held responsible.
In general, there are two different types of damages that can result from an automobile accident. The first type of damages, known as special damages, has a value in dollars that is easily calculated. Examples of special damages include medical bills, lost wages, and vehicle repairs are examples for special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.
In order to receive compensation for non-economic losses, you must be able prove that your injuries were severe enough to warrant an award. This is an extremely difficult task, and the person who has suffered should be represented by an attorney.
Loss of enjoyment of life is among the most commonly reported non-economic losses. This usually involves an amount in dollars that represents the lower quality of life that is experienced as a result of injuries resulting from accidents. Also, it can result in the inability of participating in certain activities, such as driving, that used to be enjoyable.
In rare cases, victims may be capable of suing for punitive damages. This type of damage is designed to punish the perpetrator for a particularly indecent act and helps deter other people from doing the same in the future. Punitive damages may not be available in all instances. A successful claim will require strong evidence that the defendant’s actions were carried out with conscious disregard for others’ safety.
Liability
If you are injured in an auto accident the person who caused the injuries you sustained is responsible to compensate you. This includes compensation for medical expenses and property damage, as well as loss of income as well as non-economic damage like suffering and pain. In the majority of cases, it will be the driver who caused the crash. It is not uncommon for the two drivers to share responsibility. Certain states have laws that are called comparative negligence. In these cases, the jury decides on the percentage of each driver and adjusts the damages awarded according to the percentage.
It is essential to prove what happened to an insurance company or to a judge and jury. The burden of evidence is what we refer to it. The burden is placed on the person making the claim, namely the plaintiff and it requires you to show proof of how the accident occurred.
A government institution can be liable for an accident. This could happen when a roadway has been poorly constructed or maintained and results in an accident. These types of claims are also known as roadway defect cases. These kinds of claims could also be brought by manufacturers. They could be held accountable for car defects like brakes, tires and mechanical failure.
At-fault driver citations
An officer will usually determine who caused an incident by analyzing the accident scene and interviewing witnesses. If they believe a motorist has violated traffic laws they may issue a ticket. Insurance companies may also review police reports to help determine fault.
Following an accident, it is normal for drivers to stare at each other. But, this can be detrimental. In addition to giving the driver a negative impression, it could result in an admission of guilt that could be used against you in court.
The majority of car accidents involve two or more persons who share a certain amount of blame. This is the reason why most states have modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage of claimant responsible for an accident. This can reduce the potential payout for injuries.
The incident that someone is cited after a car accident may be strong evidence that they caused the crash. However, it’s not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case you may require other forms of proof to prove that an other driver was negligent and caused harm to you. You will need witness testimony, evidence from the scene of the accident and medical documents to show your injuries.
Police reports
When law enforcement personnel attend a car accident scene they will complete an official police report. These reports include both details and opinions observed by the officers on the scene at the time the accident took place. This is a crucial document to be included in any claim for auto accidents. Insurance companies will study the report to determine fault and compensation for the injured parties.
Depending on the location, police reports are admissible or not. The main reason for this is that the police report contains statements from individuals who are not sworn witnesses in court. In order for these statements to be considered as evidence in a legal proceeding, they must fall under one of the exemptions to hearsay law.
A typical report from a police officer contains information about the driver, the vehicles and victims involved in the accident as well as an account of what transpired and any evidence found at the scene. Many police reports also contain officers’ opinions on the circumstances of the crash and who is to blame for it.
Even if there is no indication that you are injured, it’s beneficial to submit a police accident report even if the incident appears to be minor. Some injuries don’t show up in a hurry and having a solid record can be a huge help in helping you win the compensation you deserve for medical expenses.