5 Laws That'll Help Industry Leaders In Auto Accident Attorney Industry

Auto Accident Legal Matters

Contact a seasoned attorney immediately when you've been injured in a car accident. Your lawyer can explain your rights and help you get the compensation that you need.

All drivers have a duty to observe traffic laws. They are accountable if they breach this duty and cause harm.

Damages

In general, there are two different types of damages that can result from an auto accident lawsuit accident. The first, referred to as special damages, have a specific dollar value that is easy to determine. Special damages can include medical bills or lost wages, as well as repairs to vehicles. The second type of damages that are referred to as non-economic damage is more difficult to quantify. These include things like pain and suffering.

To receive compensation for non-economic losses it is necessary to be able to show that the injuries suffered were severe enough to merit the amount. This is a challenging task and the victim should be represented by a lawyer.

Loss of enjoyment of life is among the most common non-economic damages. This is usually a monetary amount that represents a lower quality of life due to injuries caused by accidents. Also, it includes the inability to participate in certain activities, like driving that were once enjoyable.

In rare cases victims may seek punitive damages. This kind of damage is designed to punish the perpetrator for an egregious violation, and serves to deter others from doing similar things in the future. Punitive damages may not be available in all cases and a successful case relies on the evidence that proves the defendant acted with conscious disregard for other people's safety.

Liability

If you're injured in a car accident and are injured, the person or company responsible for your injuries will be held accountable to compensate you. This will include money for medical expenses, property damage, loss of income, as well as other injuries like suffering and pain. In most cases, this is the driver who was responsible for the crash. It is not uncommon for the two drivers to share blame. Some states follow what is called comparative negligence laws where jurors determine the respective percentage of blame for each driver and adjust the damages awarded according to that.

It is vital that you prove what happened to an insurance company, or to a jury or judge. This is known as the burden of proof. The burden is shifted to the party making the claim - the plaintiff - and requires you to provide evidence of how your crash occurred.

A government entity could be liable for an accident. This could happen when a road is not maintained or constructed properly and contributes to an accident. These are also referred to as roadway defect cases. Sometimes, the manufacturers are accountable in these claims too. They may be liable for defects in cars such as tires, brakes and mechanical failure.

At-fault driver citations

An officer can often determine the cause of an incident by analyzing the accident scene and interviewing witnesses. They can issue tickets if they believe a driver violated traffic laws. Insurance companies may also use police reports to determine fault.

It is normal for drivers to point fingers at one another following an accident. This can be detrimental. In addition to giving the driver the wrong impression, it could result in an admission of guilt that can be used against you in court.

In the majority of car accidents there are usually two or more people who share a percentage of blame. Most states have modified comparative-fault rules, which permit claimants to receive damages less their proportion of blame. A traffic citation may be used by an insurance adjuster to increase the claimant's percentage blame in an accident. This can decrease the potential payout for injuries.

The fact that someone is cited in a car crash could be a strong proof that they caused the accident. However, it's not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may require other forms of proof to prove that the other driver was negligent and caused harm to you. Witness testimony, evidence at the scene of the accident and medical documents to show your injuries.

Police reports

When law enforcement officers attend the scene of a car accident, they will fill out an official police report. The reports contain both the facts and opinions that were recorded by the officers at the scene at the time the incident occurred. This is an important document to be included in any claim for auto accident attorneys accidents. Insurance companies will also review the report to determine the fault and amount of compensation.

Based on the jurisdiction of the police, reports could be considered admissible in court. The reason for this is that the police report includes statements made by people who are not sworn witnesses in court. To be able to be considered as evidence in a legal matter they must fall under one of the exceptions to hearsay law.

A typical report from a police officer contains details regarding the driver, vehicles and victims involved in the crash along with an account of the incident and any evidence found at the scene. A majority of police reports contain an officer's opinion on the reason for the accident and who's at fault.

Even if you're not injured, it is still beneficial to submit a police accident report, even if the accident appears to be minor. Not all injuries show up right away and having a solid record can make a big difference in helping you get the money you deserve for medical expenses.