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Auto Accident Legal Matters

If you’ve been injured as a result of an automobile accident, consult an experienced attorney as soon as possible. Your lawyer can help you understand your rights and get the compensation you deserve.


All drivers have a duty to obey traffic laws. When they breach that duty and cause harm, they are liable.

Damages

Generally speaking there are two types of damages that could result from a car accident. The first type, referred to as special damages, have a clear dollar value that is easy to determine. Items like medical bills loss of wages, vehicle repairs are examples for special damages. The second type of damage which is referred to as non-economic damages is more difficult to quantify. They include things like pain and suffering.

To receive compensation for non-economic losses it is necessary to to prove that the injuries sustained were serious enough to merit the award. This is an extremely difficult task, and the injured should be represented by an attorney.

One of the most common types of non-economic damages is the loss of enjoyment life. Generally, this entails an amount of money that represents the lower quality of life experienced because of injuries resulting from accidents. This can include the inability of the victim to engage in activities that were once enjoyable, such as driving.

In rare cases, victims can claim punitive damages. This type of loss is designed to punish the defendant for a particularly egregious act and also to discourage other people from doing the same in the future. Damages for punitive purposes are not available in every case, and a successful claim relies on evidence that shows the defendant committed a crime with a clear disregard for other people’s safety.

Liability

If you suffer injuries in an auto accident the person responsible for your injuries is responsible to compensate you. This includes money for medical expenses, property damage, loss of income, as well as other damages such as suffering and pain. In the majority of cases, the driver who caused the crash will be accountable. It is not uncommon for two drivers to share the blame. Some states have laws known as comparative negligence, in which the jury determines the percentage of each driver and adjusts the damage amount according to the percentage.

It is essential that you can prove what happened to an insurance company or to a judge and jury. This is known as the burden of evidence. The plaintiff is the one who bears the burden of proving. You must prove to prove that the incident occurred.

Another type of case that can be filed is when a government entity is at fault for the accident. This could happen when a roadway is poorly constructed or maintained and causes an accident. auto accident attorneys redwood city of claims are also known as roadway defect cases. These kinds of claims can also be brought by manufacturers. They could be held responsible for defects such as brakes, tires and mechanical failure.

At-fault driver citations

An officer can often determine who was the culprit by analyzing the accident scene and interviewing witnesses. If they believe a driver has violated traffic laws they could issue a ticket. Insurance companies could also use police reports to determine the fault.

After an accident, it’s normal for drivers to stare at each one another. This can be harmful. This may not only give the other driver a bad impression and could result in you committing a crime in the court.

Most car accidents can involve two or more persons who share some degree of blame. This is the reason that most states have modified comparative fault rules that allow the person who is claiming to claim damages less their share of blame. Insurance adjusters can utilize a traffic ticket to increase a claimant’s percentage of blame in an accident, which may reduce their settlement for their injuries.

The fact that a person is cited in a car accident could be evidence that they caused the accident. It’s not a guarantee that a personal injury claim will be successful. Depending on the situation, other types of evidence may be needed to prove that the other driver was negligent and caused injury to you. This could include witness testimony, evidence taken from the scene of the accident, and medical records detailing your injuries.

Police reports

When officers from the police arrive at a car crash site and are asked to fill out an official report. These reports contain both facts and opinions gathered by officers present at the time of the collision. It is an essential document for any claim involving an auto accident. Insurance companies will study the report in order to help determine the cause of the accident and to pay compensation to the victims.

Based on the location, police reports are admissible or not. The police report may contain statements from people who aren’t officially sworn in as witnesses. For these statements to be considered as evidence in a legal matter, they must fall under one of the exemptions to hearsay law.

A typical police report contains information regarding the driver, vehicles and the people involved in the accident and an account of what transpired and any evidence found on the scene. A majority of police reports contain the officer’s opinion about the cause of the accident and who’s responsible for the incident.

Even if there is no indication that you are injured, it’s in your best interests to submit a police accident report, even if the accident seems minor. Not all injuries are apparent right away and having a thorough record can help in getting you the amount you are due for medical expenses.