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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 soon as possible. An attorney can assist you understand your rights and get the compensation that you are entitled to.

All drivers are required to obey traffic laws. If they do not comply with this duty and cause injury, they can be held responsible.

Damages

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

In order to be compensated for non-economic losses it is necessary to prove that your injuries were severe enough to warrant this award. This is a difficult task and the injured party should be represented by an attorney.

One of the most prevalent types of non-economic damages is the loss of enjoyment in life. Generally, this entails an amount in dollars that represents the lower quality of life resulting as a result of injuries caused by accidents. This also involves the inability to take part in certain activities, such as driving, that used to be enjoyable.

In rare cases victims could be allowed to sue for punitive damage. This kind of compensation is designed to punish the defendant and deter any future actions that are as egregious. Punitive damages may not be available in all cases, and a successful claim is based on the strength of evidence that proves the defendant acted with conscious disregard for other people’s safety.

Liability

When you are injured in an accident in a car, the person or entity responsible for your injuries is liable to pay you compensation. This includes money for your medical expenses or property damage, as well as loss of income, and other non-economic damages like pain and suffering. In most cases, this will be the driver who caused the accident. However, it’s not unusual for two drivers to share a portion of the blame. auto accident lawyer rancho cucamonga have laws that are called comparative negligence. a jury determines the percentage of each driver and adjusts the damages awarded accordingly.

It is crucial to prove what happened to an insurance company, or to a judge and jury. This is referred to as the burden of evidence. The burden is placed on the person who is making the claim – the plaintiff and requires you to show the evidence that demonstrates how your accident happened.

A government entity can be liable for an accident. This could be the case when a road is poorly maintained or designed and causes an accident. These kinds of claims are also known as road defect cases. These types of claims may also be brought by manufacturers. They could be held responsible for defects such as brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine who caused the accident by studying the crash scene and interviewing witnesses. They may write an accusation if they believe that a motorist violated traffic rules. Insurance companies may also look at police reports to help determine fault.

It is common for drivers to blame one another following an accident. But, this can be harmful. In addition to giving the driver a negative impression, it could lead to an admission of guilt that could be used against you in court.

Most car accidents be caused by two or more people who share some degree of responsibility. Many states have modified comparative-fault rules, which permit claimants to receive damages less their percentage of blame. An insurance adjuster might make use of a traffic citation in order to increase a claimant’s percentage blame in an accident, which could reduce their potential compensation for their injuries.


The the fact that a person is cited following a car crash could be powerful evidence that they were the cause of the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Depending on the circumstances of your case you may require other types of evidence to show that an other driver was negligent and caused you harm. You will need witness testimony, evidence from the accident scene and medical documents to show your injuries.

Police reports

When officers from the police arrive at a vehicle accident site they will fill out an official report. These reports include both facts and opinions observed by the officers on the scene at the time the accident took place. This is a crucial document to be included in any auto accident claim. Insurance companies also will review the report to determine fault and the amount of compensation.

Depending on jurisdiction, police reports may or may not be considered admissible to court. The police report includes statements from individuals who haven’t been officially sworn in as witnesses. These statements have to fall under an exception to the law of hearsay in order to be used as evidence.

A typical report from a police officer includes details about the driver, vehicles and the victims involved in the crash, along with an account of the accident and any evidence that was discovered at the scene. A majority of police reports also include the officer’s views on the circumstances of the crash and who is the most to blame.

Even if you don’t feel injured, it’s recommended to make a police report even if the incident appears to be minor. Documentation is important since there aren’t all injuries visible immediately.