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If you've been injured in an auto accident, call an experienced attorney as quickly as possible. Your lawyer can assist you learn about your rights and help you get the compensation you are entitled to.
Every driver is responsible for obeying traffic laws. If they do not comply with this duty and cause harm, they are held accountable.
Damages
In general there are two distinct types of damages that can result from an accident. The first, referred to as special damages, have a clear dollar amount that is easy to determine. Things like medical bills, lost wages, and vehicle repairs are examples for special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.
To be able to claim compensation for non-economic losses it is necessary to to show that the injuries suffered were serious enough to warrant the award. This is a daunting job and the person who was injured must be represented by an attorney.
One of the most common kinds of non-economic damages is the loss of enjoyment of life. In general, this is a monetary sum that reflects the diminished quality of life that is experienced as a result of the injuries caused by accidents. This also includes the inability to participate in certain activities, such as driving, that were once enjoyable.
In some cases victims might be capable of suing for punitive damages. These damages are intended to punish the defendant and deter any future actions that are equally egregious. Punitive damages are not available in every case and a successful claim is based on strong evidence showing that the defendant was acting with conscious disregard for the safety of others.
Liability
If you're injured in an accident in a car, the person or entity responsible for the injuries you sustained will be responsible to compensate you. This includes compensation for medical expenses and property damage, as well as loss of income and noneconomic injuries like pain and suffering. In the majority of cases, the person who caused a crash will be responsible. However, it's not uncommon for both drivers to share a portion of the blame. Some states apply what's called comparative negligence laws. In these, the jury will decide the respective percentage of blame for each driver and adjust the damages awarded accordingly.
It is crucial to prove what happened to an insurance company, or to a judge and jury. This is known as the burden of proof. The burden is shifted to the person making the claim, namely the plaintiff and requires you to provide evidence of how your crash happened.
A government institution can also be held accountable for an accident. This could happen when a road is not properly maintained or designed, and this contributes towards an accident. These types of claims are also referred to as road defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims too. They could be held accountable for defects like brakes, tires and mechanical failures.
At-fault driver citations
A police officer is often able to determine who was the culprit by analyzing the accident scene and interviewing witnesses. They can issue an order if they believe a driver violated traffic laws. Insurance companies also look at police reports to help them determine who is at fault.
After an accident, it is normal for drivers to point fingers at each other. However, this can be detrimental. This can not only give the other driver a bad impression but could also lead to you admitting guilt in court.
Most car accidents can be caused by two or more people who share a portion of responsibility. The majority of states have modified comparative fault rules that permit claimants to receive damages that are less than their share of fault. A traffic citation could be used by an insurance adjuster to increase the percentage of fault in an accident. This can decrease the potential payout for injuries.
The incident that someone is cited after a car accident may be powerful evidence that they were the cause of the crash. However, it is not an assurance of the outcome of an injury lawsuit. Depending on the situation other evidence may be needed to establish that the other driver was negligent and injured you. This could include witness testimony, evidence at the scene of the accident as well as medical records detailing your injuries.
Police reports
When law enforcement officers attend the scene of a car accident they will complete an official police report. These reports include both the details and opinions observed by the officers on the scene at the time the accident occurred. This is a crucial document to be included in any claim for auto accident law firm accidents. Insurance companies will study the report as well to help determine fault and compensation for the victims.
According to the region, police report are admissible or not. The main reason for this is that the police report contains statements by people who aren't sworn witnesses in court. These statements must be included in an exception to the hearsay law in order to be used as evidence.
A typical police report includes details regarding the driver, the vehicles as well as the victims of the crash, as well as a description of the incident and any evidence discovered at the scene. A majority of police reports also include the officer's views on how the crash happened and who's responsible for the incident.
Even if there is no indication that you are injured, it is still in your best interests to file a police accident report, even if the accident appears to be minor. It is crucial to document the incident because not all injuries are obvious immediately.
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