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Auto Accident Legal Matters

Contact an experienced attorney immediately If you’ve suffered injuries in a car crash. Your attorney can explain your rights and help you receive the compensation you are entitled to.

All drivers are accountable to obey traffic laws. They can be held accountable if they do not abide by this obligation and cause harm.

Damages

In general there are two distinct kinds of damages that could result from an accident. The first type, referred to as special damages, are characterized by a clear dollar value that is easy to calculate. Special damages are medical bills loss of wages, repairs to vehicles. The second kind of damages, also known as non-economic damages is more difficult to quantify. They include things like suffering and pain.

In order to receive compensation for non-economic losses, it is essential to to demonstrate that the injuries suffered were severe enough to merit the award. This is a difficult task, and the injured party must be represented by a lawyer.

One of the most frequent forms of non-economic damages is the loss of enjoyment life. This usually involves the amount of money reflected in the reduced quality of life resulting due to injury caused by an accident. This could include the inability of the victim to engage in activities that were once pleasurable like driving.

In rare instances victims can sue for punitive damages. This kind of damages are designed to punish the defendant for an egregious violation and also to discourage others from doing similar things in the future. Punitive damages may not be available in all cases and a successful claim relies on strong evidence showing that the defendant acted with conscious disregard for the safety of others.

Liability

If you’re injured in an automobile accident the person or entity responsible for the injuries you sustained will be responsible to pay you compensation. This includes compensation for medical expenses, property damages, lost income, and any other non-economic damage that include pain and discomfort. In the majority of cases, it will be the driver that was responsible for the crash. However, it is not uncommon for both drivers to share some blame. Certain states have what are called comparative negligence laws. In these, jurors determine the respective percentage of blame for each driver and adjust the damages awarded in accordance with that percentage.

It is crucial to show to the satisfaction an insurance company or a juror or judge that the incident occurred. This is known as the burden of proof. The burden is placed on the party making the claim, which is the plaintiff and requires you to provide evidence of how your accident occurred.

A government institution can be liable for an accident. This could happen when a road is not properly constructed or maintained and can cause an accident. These kinds of claims are also known as roadway defect cases. Sometimes, the manufacturers are responsible in these claims too. They could be held responsible for defects like brakes, tires and mechanical failure.

At-fault driver citations

An officer will often be able to determine who caused an incident by analyzing the scene and interviewing witnesses. If they suspect that a driver has violated traffic laws they might issue a ticket. Insurance companies could also use police reports to determine the fault.

It is common for drivers to blame each other after an accident. However, this can be detrimental. This could not only give the other driver a negative impression but could also lead to you admitting guilt in the court.

In the majority of car accidents there are at least two parties sharing a portion of blame. This is why most states follow modified comparative fault rules that allow the victim to seek compensation for damages minus their share of blame. A traffic citation may be used by an insurance adjuster to increase the percentage of claimant responsible for an accident. auto accident attorney lakeland could reduce the chance of recovering compensation for injuries.

The fact that someone is mentioned in a car crash could be a strong proof that they were responsible for the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Depending on the situation, other types of evidence could be required to demonstrate that the driver was negligent and caused injury to you. This includes witnesses’ testimony, evidence from the scene of the accident as well as medical records detailing your injuries.

Police reports

When officers from the police arrive at a car accident site and are asked to fill out an official report. The reports will contain both facts and opinions of the officers who were on the scene at the time of the crash. This is an important document for any claim for auto accidents. Insurance companies will also look over the report to determine the fault and amount of compensation.

Based on the jurisdiction of the police, reports may or may not be admissible in court. The police report includes statements of people who haven’t been sworn in as witnesses. These statements must fall under an exception to the law of hearsay to be admissible as evidence.


A typical police report contains information regarding the driver, vehicles and the victims involved in the crash as well as an account of what transpired and any evidence found at the scene. A majority of police reports also include the officer’s opinion on the circumstances of the crash and who is responsible for the incident.

If you are not hurt but you are not injured, it is ideal to always file a police report for any accident that you are involved in even if it appears to be minor. Some injuries don’t show up immediately and having a solid record can be a huge help in helping you get the amount you are due for medical expenses.