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Auto Accident Legal Matters

Contact an experienced attorney immediately if you have been injured in a car accident. Your attorney can explain your rights and assist to get the compensation you need.

Every driver is required to obey traffic laws. If they do not comply with this duty and cause harm, they are accountable.

Damages

In general there are two distinct types of damages that may result from an accident. The first type, referred to as special damages, are characterized by a clear 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 damage, also known as non-economic damages, is more difficult to quantify. These include things such as suffering and pain.

To be able to claim compensation for non-economic losses it is essential to to show that the injuries suffered were severe enough to merit such an award. This is not an easy task, and the injured party should be represented by a lawyer.

Loss of enjoyment is one of the most common non-economic damages. In general, this is the amount of money reflected in the reduced quality of life resulting as a result of injuries caused by accidents. This includes the inability for the victim to take part in activities that were once pleasurable like driving.

In rare cases victims can claim punitive damages. The purpose of this type of damage is intended to punish the perpetrator and discourage future acts that are just as bad. Punitive damages are not available in every case, and a successful case relies on the evidence that proves the defendant acted with a conscious disregard for other people’s safety.

Liability

If you are injured in an accident in a car the person or organization responsible for your injuries will be held accountable to pay you compensation. This includes reimbursement for medical expenses or property damage, loss of income, and any other non-economic damage like discomfort and pain. In the majority of cases, the person who caused a crash will be accountable. It is not unusual for two drivers to share responsibility. Some states apply what’s called comparative negligence laws where a jury will determine the percentage of fault each driver is responsible for and adjust the amount of damage accordingly.

It is crucial that you demonstrate what transpired to an insurance company or to a judge and jury. The burden of proof is what we call it. The plaintiff bears the burden of proof. You must provide evidence to prove that the incident took place.

Another type of case that could be brought is when a government institution is at fault for the accident. This can happen when a roadway isn’t properly designed or maintained and this contributes to an accident. These claims are also called roadway 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

An officer can often determine the cause of an incident by analyzing the accident scene and interviewing witnesses. If they believe a motorist has broken traffic laws, they could issue a ticket. Insurance companies can also use police reports to determine fault.

Following auto accident lawyer richmond , it’s normal for drivers to point fingers at each other. This can be detrimental. This may not only give the driver behind you a bad impression and could lead to you admitting guilt in court.

The majority of car accidents be caused by two or more people who share a portion of blame. This is why many states have modified comparative fault rules that allow the claimant to recover 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 can decrease the potential payout for injuries.

The the fact that a person is cited in the aftermath of a car accident could be strong evidence that they were the cause of the crash. It is not an assurance that a personal injury case will be successful. Based on the circumstances of your case, you may require additional types of proof to prove that another driver was negligent and caused harm to you. This could include witnesses’ testimony, evidence from the site of the accident, as well as medical records of your injuries.


Police reports

When law enforcement personnel attend a car accident scene they fill out an official police report. These reports include both the details and opinions observed by the officers on the scene at the time the incident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will also review the report to determine fault and compensation.

Depending on jurisdiction, police reports may or may not be accepted in court. The police report contains statements from people who aren’t certified as witnesses. These statements have to fall under an exception to the law of hearsay to be used as evidence.

A typical police report contains details about the driver, the vehicles involved and the victims in the accident along with a description of what happened and any evidence found at the scene. Many police reports also include the officer’s opinions about what caused the crash and who’s responsible for the incident.

If you are not hurt but you are not injured, it is the best option to always file a police report for any accident that you are involved in even if the incident appears to be minor. Documentation is important because not all injuries are visible immediately.