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If you've suffered injuries in an automobile accident, consult an experienced attorney as quickly as possible. An attorney can assist you learn about your rights and help you get the compensation you are entitled to.
Every driver is required to abide by traffic laws. They can be held accountable if they break this duty and cause harm.
Damages
In general, there are two different kinds of damages that can result from an auto accident lawyer accident. The first type known as special damages, have a value in dollars that is easily calculated. Things like medical expenses as well as lost wages and repair work on vehicles are examples of special damages. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering.
To be eligible for compensation for noneconomic losses you must prove that your injuries were serious enough to warrant an award. This is a challenging task and the injured person must be represented by an attorney.
Loss of enjoyment of life is among the most common non-economic damages. It is typically a financial amount that reflects a reduced quality of life due to injuries sustained in accidents. This also is the inability to participate in certain activities, such as driving, that used to be enjoyable.
In rare instances, victims can claim punitive damages. This kind of damages are designed to punish the defendant for a particularly indecent act and helps deter other people from doing the same in the future. Damages for punitive intent may not be available in all cases. A successful claim requires evidence that the defendant was acting with conscious disregard for others' safety.
Liability
If you suffer injuries in a car accident, the person responsible for your injuries is responsible to compensate you. This includes compensation for medical expenses and property damage, as well as loss of income, and other non-economic damages like suffering and pain. In most cases, this will be the driver who caused the accident. It is not unusual for two drivers to share the blame. Some states have laws called comparative negligence. In these cases, a jury determines the percentage of each driver and adjusts the amount of damage according to the percentage.
It is crucial that you demonstrate to the satisfaction of an insurance company or juror or judge that the incident occurred. This is referred to as the burden of proof. The burden is shifted to the person who makes the claim, which is the plaintiff and it requires you to present evidence of how your accident happened.
A government entity can be liable for an accident. This can occur when a roadway is not maintained properly or designed and causes an accident. These types of claims are also known as road defect cases. Sometimes, manufacturers are the ones to blame in these kinds of claims as well. They could be accountable for car-related defects like brakes, tires and mechanical failure.
At-fault driver citations
An officer can often determine who caused an incident by looking at the scene of the accident and interviewing witnesses. They may write an order if they believe a driver violated traffic laws. Insurance companies may also rely on police reports to determine the fault.
After an accident, it is normal for drivers to point at each other. This can be detrimental. This can not only give the driver behind you a bad impression, but it could also lead to you admitting guilt in court.
Most car accidents can involve two or more people with varying degrees of responsibility. This is why most states have modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their portion of the fault. A traffic citation can be used by an insurance adjuster to increase the claimant's percentage responsible for an accident. This could reduce the amount of compensation for injuries.
The incident that someone is cited after a car accident can be powerful evidence that they were the cause of the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Depending on your case, other types of evidence may be required to show that the other driver was negligent and injured you. You will need witness testimony, evidence at the accident scene and medical documents to show your injuries.
Police reports
When officers from the police arrive at a vehicle accident site they will fill out an official report. The reports contain both the details and opinions observed by the officers on the scene when the accident occurred. This is an important document to be included in any claim for auto accidents. Insurance companies will review the report to help determine the cause of the accident and to pay compensation to the victims.
In accordance with the jurisdiction, police reports are admissible or not in court. The main reason is because the police report includes statements made by people who aren't sworn witnesses in court. These statements must fall within an exception to the law of hearsay in order to be used as evidence.
A typical police report will include information regarding the driver, the vehicles and the victims who were involved in the crash, along with an account of the accident and any evidence discovered at the scene. A majority of police reports contain an officer's opinion on the cause of the accident and who is to blame.
If you're not injured however, it is in your best interest to always file a police report for any accident that you are involved in even if the incident appears to be a minor. Not all injuries are apparent immediately and having evidence can be a huge help in helping you get the compensation you deserve for medical expenses.
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