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If you've suffered injuries in a car accident, contact an experienced attorney as quickly as possible. An attorney can explain your rights and help you get the compensation you deserve.
Every driver is responsible for obeying traffic laws. They are liable if they violate this duty and cause harm.
Damages
In general there are two types of damages that may result from an automobile accident. The first type of damage, known as special damages, has the value of a dollar that can be easily calculated. Special damages are medical bills as well as lost wages and vehicle repairs. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.
To be able to claim compensation for non-economic losses it is necessary to to prove that the injuries suffered were serious enough to warrant the award. This is not an easy task and the person who was injured should be represented by a lawyer.
The loss of enjoyment is one of the most frequently reported non-economic damages. This usually involves an amount of money that represents the diminished quality of life because of injuries resulting from accidents. This also can result in the inability of participating in certain activities, such as driving, that used to be enjoyable.
In rare cases victims can claim punitive damages. This kind of damages are designed to punish the defendant for a particular sloppy act and helps deter others from similar acts in the future. Punitive damages may not be available in all circumstances. A successful claim will require strong evidence that the defendant acted with a conscious disregard for the safety of others.
Liability
When you are injured in a car accident the person or entity responsible for your injuries will be liable to compensate you. This will include money for medical expenses or property damage, as well as loss of income and noneconomic injuries like suffering and pain. In most cases, the driver that caused the crash will be responsible. However, it's not uncommon for the two drivers to share some blame. Certain states have what are called comparative negligence laws where the jury will decide the respective percentage of blame for each driver and adjust the damages awarded in accordance with that percentage.
It is essential that you can prove what happened to an insurance company, or to a judge and jury. This is referred to as the burden of evidence. The burden is placed on the party making the claim, which is the plaintiff and demands that you provide the evidence that demonstrates how your accident happened.
Another type of case that may be brought is when a governmental entity is the one responsible for the accident. This can occur when a highway is not maintained properly or designed and causes an accident. These are also known as roadway defect cases. Sometimes, the manufacturers are at fault in these claims too. They may be liable for the defects in cars, such as brakes, tires and mechanical failure.
At-fault driver citations
A police officer is often able to determine the cause of an incident by analyzing the scene and interviewing witnesses. They may write tickets if they believe that a motorist violated traffic rules. Insurance companies may also rely on police reports to determine fault.
Following an accident, it is normal for drivers to stare at each other. This can be harmful. Besides giving the other driver a negative impression, it could lead to an admission of guilt that could be used against you in court.
Most car accidents can involve two or more persons who share a portion of responsibility. Most states have modified comparative-fault rules, which allow claimants to recover damages less their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant fault in an accident. This could decrease the chance of recovering compensation for injuries.
The fact that someone is mentioned in a vehicle crash could be a strong proof that they were the cause of the crash. However, it is not an assurance of the outcome of an injury lawsuit. Based on the circumstances of your case, you may require additional types of evidence to prove that the other driver was negligent and caused you harm. This could include witnesses' testimony, evidence from the scene of the accident as well as medical records regarding your injuries.
Police reports
When officers from the police arrive at a car accident site and are asked to fill out an official report. These reports include both information and motor opinions taken note of by the officers who were on the scene when the accident occurred. It is an essential document for any auto accident law firm accident claims. Insurance companies will also examine the report for fault and compensation.
According to the jurisdiction, police reports may or may not be considered admissible in court. The police report contains statements of people who haven't been certified as witnesses. These statements must fall within an exception to the hearsay law to be admissible as evidence.
A typical police report contains details about the driver, vehicles and the victims involved in the crash, as well as a description of the incident and any evidence found at the scene. The majority of police reports include the officer's opinions about the circumstances of the crash and who is most to blame.
If you're not injured it is ideal to always make a police report of any accident you're involved in, even if it appears minor. Documentation is essential because not all injuries are visible right away.
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