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Auto Accident Legal Matters

If you’ve been injured as a result of an accident in the car, you should contact an experienced attorney as quickly as you can. An attorney can assist you know your rights and obtain the compensation that you are entitled to.

All drivers have a duty to obey traffic laws. They are held accountable if violate this duty and cause harm.

Damages

In general there are two kinds of damages that can result from an accident. The first, known as special damages, have a clear dollar amount that is easy to determine. Things like medical expenses as well as lost wages and vehicle repairs are examples for special damages. auto accident attorneys spokane valley , which is referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.

To receive compensation for noneconomic losses it is necessary to prove that your injuries were severe enough to warrant this award. This is a challenging task, and the injured party must be represented by an attorney.

Loss of enjoyment of life is among the most frequently reported non-economic damages. It is typically a financial amount that reflects a reduced quality of living as a result accident-related injuries. Also, it can result in the inability of participating in certain activities, such as driving, that used to be enjoyable.

In a few cases victims can seek punitive damages. This type of damages is intended to punish the defendant and deter any future actions that are just as bad. Punitive damages are not available in all cases, and a successful claim relies on evidence that shows the defendant acted with conscious disregard for the safety of others.

Liability

If you suffer injuries in a car accident the person responsible for your injuries is responsible to pay you. This includes money for your medical expenses as well as property damage, loss of income as well as non-economic damages like suffering and pain. In the majority of cases, it will be the driver that caused the crash. It is not uncommon for two drivers to share responsibility. Some states apply what’s called comparative negligence laws where jurors will determine the respective percentage of blame for each driver and adjust the damage award in accordance with that percentage.

It is essential to prove to the satisfaction of an insurance company or jury or judge what took place. This is known as the burden of evidence. The plaintiff bears the burden of proof. You must present evidence to prove that the accident took place.

Another type of case that may be brought is when a government entity is at fault for the accident. This could happen when a roadway is poorly constructed or maintained, and this contributes to an accident. These kinds of claims are also known as roadway defect cases. These kinds of claims can also be brought by manufacturers. They may be held accountable for the defects in brakes, tires and mechanical failures.

At-fault driver citations

Often, an officer can determine who was the cause of an accident by studying the scene of the crash and speaking with witnesses. They could issue a ticket if they think that a motorist violated traffic rules. Insurance companies may also look at police reports to help them determine who is at fault.

It is common for drivers to point fingers at one another after an accident. This can be detrimental. This could not only give the driver in front of you a bad impression but could also cause you to admit guilt in court.

The majority of car accidents involve two or more persons with varying degrees of blame. This is the reason why most states use modified comparative blame rules that allow the claimant to seek compensation for damages minus their share of blame. An insurance adjuster can sometimes use a traffic citation to increase a claimant’s percentage of blame for the accident which could reduce their potential settlement for their injuries.


The incident that someone is cited following a car crash could be a strong proof that they were the cause of the crash. It is not an assurance that a personal injury lawsuit will be successful. Based on the circumstances of your case you may require additional types of evidence to prove that an other driver was negligent and caused harm to you. Witness testimony, evidence at the scene of an accident and medical documents to prove your injuries.

Police reports

When police officers arrive at a car crash site they complete an official report. The reports include both information and opinions noted by the officers on the scene at the time of the crash. This is a vital document for any auto accident claim. Insurance companies will study the report as well to help determine fault and compensation for the injured parties.

Based on the jurisdiction of the police, reports could be accepted in court. The police report contains statements from individuals who haven’t been officially sworn in as witnesses. To be able to be used in a legal matter they must fall under one of the exemptions to hearsay law.

A typical police report will include information about the car, driver and the victims involved in the crash, in addition to a description of the incident and any evidence discovered at the scene. The majority of police reports include the officer’s views on the circumstances of the crash and who is the most to blame for it.

If you’re not injured however, it is recommended that you always file a police report for any accident that you are involved in even if it seems to be minor. Documentation is essential because there aren’t all injuries obvious immediately.