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If you've been injured as a result of a car accident, contact an experienced attorney as quickly as you can. Your attorney can explain your rights and help you get the compensation you need.
All drivers are obliged to obey traffic laws. When they breach that duty and cause harm, they are liable.
Damages
Generally speaking there are two types of damages that could result from a car crash. The first kind of damage known as special damages, have the value of a dollar that is easily calculated. Things like medical expenses as well as lost wages and vehicle repair are examples of special damages. The second type of damage, also known as non-economic damages is more difficult to quantify. These include things like pain and suffering.
To receive compensation for losses that are not economic, it is necessary to be able to demonstrate that the injuries suffered were serious enough to merit the compensation. This is a difficult task, and the injured party should be represented by an attorney.
One of the most frequent kinds of non-economic damage is the loss of enjoyment of life. In general, this is an amount of money that represents the lower quality of life experienced as a result of injuries resulting from accidents. This includes the inability for the victim to participate in activities that were once enjoyable like driving.
In rare cases, victims can claim punitive damages. This type of damage is intended to punish the defendant for an egregious violation and to deter other people from doing the same in the future. Damages for punitive purposes are not available in every case, and a successful case relies on strong evidence showing that the defendant acted with a conscious disregard for the safety of others.
Liability
If you are injured in an automobile accident the person or entity responsible for the injuries you sustained will be responsible to compensate you. This includes compensation for medical costs or property damage, loss of income, and other damages such as pain and discomfort. In most cases, the person who caused the accident will be the one responsible. It is not uncommon for the two drivers to share the blame. Certain states follow what's called comparative negligence laws. In these, the jury will decide the percentage of fault each driver is responsible for and adjust the damage award in proportion.
It is crucial to demonstrate to the satisfaction an insurance company or juror or judge that the incident occurred. The burden of proof is what we call it. The plaintiff is responsible for the burden of proving. You must present evidence to prove that the accident happened.
A government institution can also be held responsible for an accident. It can happen when a roadway isn't properly designed or maintained and this causes an accident. These kinds of claims are also referred to as road defect cases. These kinds of claims could also be brought by manufacturers. They could be held accountable for defects such as brakes, tires and mechanical failures.
At-fault driver citations
In most cases, an officer is able to determine who caused an accident by studying the scene of the crash and speaking with witnesses. If they believe a motorist has broken traffic laws, they may issue a ticket. Insurance companies may also look at police reports to help determine who is at fault.
It is natural for drivers to point fingers at each other following an accident. However, this could be detrimental. It could not only leave the other driver a bad impression however, it could also cause you to confess guilt in the court.
In the majority of car accidents there are usually two or more parties who share some level of blame. A majority of states have modified comparative-fault rules that permit claimants to receive damages that are less than their percentage of fault. An insurance adjuster might make use of a traffic citation in order to increase a claimant's percentage of blame for the accident which could reduce their potential payment for injuries.
The fact that someone is mentioned in the aftermath of a car accident could be strong evidence that they were the cause of 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 types of evidence to prove that the other driver was negligent and caused you harm. This could include witness testimony, evidence at the scene of the accident, and medical records detailing your injuries.
Police reports
When law enforcement personnel attend the scene of a car crash, they will fill out an official police report. These reports contain both the facts and opinions that are compiled by officers on the scene at the time of the accident. This is an important document to be included in any Auto accident attorney accident claim. Insurance companies will review the report in order to determine the cause of the accident and to pay compensation to the victims.
Based on the area of jurisdiction, police reports can be admissible in court or not. The police report contains statements from individuals who haven't been officially sworn in as witnesses. In order for these statements to be used in a legal context they must be covered by one of the hearingsay exceptions under law.
A typical report from a police officer includes details about the driver, vehicles as well as the victims of the crash, along with an account of the incident and any evidence found at the scene. Many police reports include an officer's view on the cause of the crash and who's at fault.
If you're not injured, it is the best option to always make a police report of any accident that you are involved in even if it seems to be a minor. Not all injuries show up in a hurry, and having solid documentation can go a long way toward getting you the compensation you're entitled to for medical expenses.
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