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Auto Accident Legal Matters

If you’ve been injured in a car accident, contact an experienced attorney as soon as possible. Your attorney can explain your rights and assist you receive the compensation you are entitled to.

Every driver is required to abide by traffic laws. They are liable if they do not abide by this obligation and cause harm.

Damages

In general there are two kinds of damages that could result from an automobile accident. The first type, referred to as special damages, have a precise dollar value that is easy to calculate. Things like medical expenses loss of wages, repair work on vehicles are examples of special damages. The second type of damage, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

In order to receive compensation for non-economic losses, you must be able demonstrate that your injuries were severe enough to warrant an award. This is a difficult task and the person who was injured must be represented by an attorney.

One of the most common forms of non-economic damages is the loss of enjoyment in life. This is usually a monetary amount that reflects a reduced quality of living due to injuries sustained in accidents. This includes the inability of the victim to engage in activities that were once enjoyable like driving.

In rare cases victims can sue for punitive damages. This kind of compensation is intended to punish the perpetrator and deter future acts that are as egregious. The punitive damages might not be available in all cases. A successful claim will require strong evidence that the defendant’s actions were carried out with conscious disregard for the safety of others.

Liability

If you are injured in an automobile accident the person responsible for your injuries is accountable to compensate you. This includes compensation for medical expenses and property damages, as well as lost income, and non-economic damages such as pain and discomfort. In the majority of cases, it will be the driver that caused the crash. However, it is not uncommon for the two drivers to share some responsibility. Some states have laws called comparative negligence. In these cases, the jury determines the percentage of each driver and adjusts the damage amount in proportion.

It is crucial that you demonstrate what transpired to an insurance company, or to a judge and jury. This is referred to as the burden of evidence. The burden is shifted to the party making the claim – the plaintiff and requires you to provide proof of how the crash occurred.

Another type of case that may be brought is when a government institution is the one responsible for the accident. This can occur when a highway is not maintained properly or designed which can lead to an accident. These types of claims are also referred to as roadway defect cases. These types of claims can also be brought by manufacturers. They may be liable for car-related defects such as 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. If they suspect that a driver is in violation of traffic laws, they can issue a citation. Insurance companies could also use police reports to determine fault.

Following an accident, it’s normal for drivers to glare at each other. But, this can be harmful. Apart from giving the other driver a bad impression, it could result in an admission of guilt, which could be used against you in court.

In the majority of car accidents there are two or more parties sharing a portion of blame. This is why most states have modified comparative fault rules that permit the claimant to seek compensation for damages minus their proportion of fault. A traffic citation may be used by an insurance adjuster to increase the percentage of responsible for an accident. This could decrease the chance of recovering compensation for injuries.

The fact that a person is cited in a car crash could be proof that they were the cause of the accident. It is not an assurance that a personal injury lawsuit will be successful. Depending on the circumstances of your case, you may require other forms of proof to prove that another driver was negligent and caused harm to you. You will need witness testimony, evidence at the scene of an accident and medical records to show your injuries.

Police reports

When officers from the police arrive at a crash site they complete an official report. The reports will contain both facts and opinions that were observed by the officers on the scene when the accident took place. This is an important document to be included in any auto accident claim. Insurance companies also will review the report to determine the fault and amount of compensation.

Depending on jurisdiction, police reports could be accepted in court. The main reason is because the police report contains statements from people who aren’t witnesses in court. These statements have to fall under an exception to the law of hearsay in order to be used as evidence.

A typical police report includes information about the driver, vehicles as well as the victims of the crash, as well as an account of the incident and any evidence that was discovered at the scene. Many police reports also contain the officer’s opinions about how the crash happened and who is responsible for the incident.

If auto accident lawsuit montgomery are not hurt however, it is in your best interest to always file a police report for any incident you’re involved in even if it appears minor. Not all injuries show up in a hurry and having a thorough record can go a long way toward getting you the compensation you’re entitled to for medical expenses.