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If you are injured in an auto accident, call an experienced attorney as quickly as you can. Your lawyer can explain your rights and assist you get the compensation that you need.
All drivers are obliged to observe traffic laws. If they violate that duty and cause harm, they are liable.
Damages
In general there are two kinds of damages that can result from a car crash. The first, called special damages, are characterized by a clear dollar value that is easy to calculate. Examples of special damages include medical bills as well as lost wages and repairs to vehicles are examples of special damages. The second type of damages, also known as non-economic damages is more difficult to quantify. These include things like suffering and pain.
In order to receive compensation for non-economic losses it is necessary to be able to demonstrate that the injuries suffered were severe enough to merit the compensation. This is a daunting task, and the injured should be represented by an attorney.
One of the most common types of non-economic damages is the loss of enjoyment life. This usually involves an amount in dollars that represents the lower quality of life that is experienced due to injuries resulting from accidents. This also includes the inability to participate in certain activities, like driving, that used to be enjoyable.
In rare cases victims could be in a position to sue for punitive damages. This kind of compensation is intended to penalize the defendant and discourage future acts that are just as bad. Damages for punitive purposes are not available in every case, and a successful case relies on the strength of evidence that proves the defendant acted with conscious disregard for the safety of others.
Liability
If you are injured in an automobile accident, the person or entity responsible for your injuries will be liable to pay you compensation. This includes money for your medical expenses, property damage, loss of income, and other non-economic injuries like pain and suffering. In the majority of cases, the driver that caused the crash will be responsible. However, it's not unusual for two drivers to share some blame. Some states follow what is called comparative negligence laws. In these, jurors will determine the percentage of fault each driver is responsible for and adjust the amount of damage accordingly.
It is important that you can demonstrate to the satisfaction of an insurance company, juror or judge that the incident occurred. The burden of evidence is what we call it. The plaintiff is responsible for the burden of proof. You must present evidence to prove that your accident happened.
Another kind of case that could be brought is when a government agency is accountable for the accident. It can happen when a roadway is poorly designed or maintained and this causes an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are at fault in these types of claims as well. They may be held accountable for defects like brakes, tires and mechanical failures.
At-fault driver citations
Often, an officer can determine the cause of an accident by analyzing the scene of the accident and interviewing witnesses. If they believe a driver has broken traffic laws, they could issue a ticket. Insurance companies may also examine police reports to identify the source of the fault.
It is normal for drivers to blame each other following an accident. This can be harmful. This can not only give the driver in front of you a bad impression but could also lead to you admitting guilt in court.
In most car accidents there are two or more parties that share a certain amount of fault. Most states have modified comparative-fault rules, which permit claimants to receive damages that are less than their percentage of blame. A traffic ticket can be used by an insurance adjuster to increase the percentage claimant fault in an accident. This can decrease the possibility of a payout for injuries.
The the fact that a person is cited in the aftermath of a car accident could be a strong proof that they caused the crash. However, it's not an assurance of the outcome of an injury lawsuit. Based on your particular case, other types of evidence could be required to show that the other driver was negligent and injured you. This could include witness testimony, evidence taken from the scene of the accident and medical records detailing your injuries.
Police reports
When officers from the police arrive at a crash site, they fill out an official report. The reports contain both the facts and opinions noted by the officers on the scene when the accident occurred. This is an important document to be included in any claim for auto accident lawyer accidents. Insurance companies will review the report as well to help determine the fault and compensate the injured parties.
According to the jurisdiction, police reports could or might not be accepted in court. The main reason is that the police report includes statements made by people who aren't witnesses in court. These statements must fall under an exception to the law of hearsay in order to be used as evidence.
A typical police report contains details about the vehicle, driver as well as the victims of the crash, as well as the details of the incident and any evidence that was discovered at the scene. Many police reports also contain officers' opinions on how the crash happened and who is most to blame for it.
If you are not hurt but you are not injured, it is recommended that you always complete a police investigation for any accident you're involved in, even if it appears minor. Not all injuries are apparent right away and having evidence can go a long way toward helping you win the compensation you deserve for medical expenses.
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