Auto Accident Legal Matters
If you've suffered injuries in an auto accident, call an experienced attorney as soon as you can. An attorney can assist you to understand your rights and receive the compensation you are entitled to.
All drivers are required to follow traffic laws. They are held accountable if do not abide by this obligation and cause harm.
Damages
Generally speaking there are two types of damages that may result from a car accident. The first, known as special damages, have a specific dollar value that is easy to determine. Things like medical expenses as well as lost wages and vehicle repair are examples of special damages. The second kind of damage which is referred to as non-economic damages, is more difficult to quantify. These include things like suffering and pain.
In order to be compensated for non-economic losses, you must be able prove that your injuries were severe enough to warrant such an award. This is a challenging task and the victim must be represented by a lawyer.
Loss of enjoyment is one of the most commonly reported non-economic losses. In general, this is an amount in dollars that represents the lower quality of life that is experienced as a result of accident-related injuries. This includes the inability of the victim to participate in activities that were once pleasurable, such as driving.
In rare instances victims could be in a position to sue for punitive damage. This type of damages is designed to punish the defendant and discourage future acts that are as egregious. Punitive damages are not offered in all cases. A successful claim will require strong evidence that the defendant acted with conscious disregard for the safety of others.
Liability
If you are injured in a car accident and are injured, the person or company responsible for your injuries will be liable to compensate you. This will include money for medical expenses and property damage, as well as loss of income, and other non-economic injuries like pain and suffering. In most cases, the person who caused the crash will be responsible. It is not unusual for two drivers to share the blame. Some 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 vital that you can demonstrate what transpired to an insurance company, or to a judge and jury. The burden of evidence is what we call it. The burden falls on the person who is making the claim - the plaintiff and it requires you to provide evidence of how your crash occurred.
A government institution can also be held responsible for an accident. It can happen when a roadway is poorly designed or maintained and this causes an accident. These kinds of claims are also known as roadway defect cases. These kinds of claims could also be brought by manufacturers. They could be accountable for defects in cars such as tires, brakes and mechanical failure.
At-fault driver citations
A police officer is often able to determine the cause of an incident by analyzing the scene of the accident and interviewing witnesses. If they believe a driver is in violation of traffic laws, they can issue a citation. Insurance companies may also rely on police reports to determine the fault.
It is natural for drivers to blame one another following an accident. This can be detrimental. This could not only give the driver in front of you a bad impression however, it could also lead to you admitting guilt in the court.
The majority of car accidents involve two or more individuals with varying degrees of responsibility. The majority of states have modified comparative fault rules that permit claimants to receive damages that are less than their share of blame. A traffic citation can be used by an insurance adjuster to increase the percentage of at fault in an accident. This could reduce the amount of compensation for injuries.
The fact that someone is cited following a car crash could be evidence that they were the cause of the crash. It is not an assurance that a personal injury claim will be successful. Based on your particular case the other evidence may be required to prove that the other driver was negligent and caused injury to you. This could include witnesses' testimony, evidence from the scene of the accident as well as medical records of your injuries.
Police reports
When police officers arrive at a crash site they will fill out an official report. auto accident law firm tracy include both the facts and opinions taken note of by the officers who were on the scene at the time the incident occurred. This is a crucial document to be included in any auto accident claim. Insurance companies will review the report to help determine the fault and compensate the parties who have been injured.
According to the jurisdiction, police reports can or may not be admissible in court. The main reason for this is that the police report includes statements made by individuals who are not sworn witnesses in court. To allow these statements to be used in a legal case they must fall within one of the exemptions to hearsay law.
A typical report from a police officer includes information regarding the driver, the vehicles as well as the victims of the crash, as well as an account of the accident and any evidence discovered at the scene. Many police reports also include the officer's opinion on the circumstances of the crash and who is most to blame for it.
If you're not injured but you are not injured, it is the best option to always complete a police investigation for any accident that you are involved in even if it appears to be minor. Documentation is essential because not all injuries are obvious immediately.