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Auto Accident Legal Matters

If you’ve suffered injuries in an auto accident, call an experienced attorney as quickly as possible. Your lawyer can assist you know your rights and obtain the compensation you are entitled to.

All drivers are accountable for adhering to traffic laws. They are liable if they break this duty and cause harm.

Damages

In general, there are two different types of damages that can result from an auto accident. The first type, known as special damages, have a value in dollars that can be easily determined. Special damages can include medical bills as well as lost wages and repairs to vehicles. The second type, referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering.

In order to be eligible for compensation for non-economic losses it is essential to to prove that the injuries sustained were severe enough to merit the compensation. This is a daunting task, and the injured should be represented by an attorney.

The loss of enjoyment is one of the most common non-economic damages. It’s usually a financial amount that indicates a decreased quality of life due to injuries caused by accidents. This also can result in the inability of participating in certain activities, like driving, which were once enjoyable.

In rare cases victims may pursue punitive damages. This type of damage is designed to punish the defendant for a particularly egregious act and to deter others from similar acts in the future. Damages for punitive purposes are not available in all cases and a successful claim is based on the strength of evidence that proves the defendant was acting with conscious disregard for the safety of others.

Liability

If you are injured in a car accident, the person responsible for your injuries is accountable to pay you. This includes money for your medical expenses as well as property damage, loss of income, and other non-economic damage like pain and suffering. In most cases, the driver who caused the crash will be accountable. However, it’s not uncommon for the two drivers to share some responsibility. Some states apply what’s known as comparative negligence laws, where a jury will determine each driver’s percentage of fault and adjust the damage award accordingly.

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

Another type of case that can be filed is when a government agency is responsible for the accident. This can occur when a roadway is not maintained properly or designed which can lead to an accident. These kinds of claims are also referred to as roadway defect cases. Sometimes, manufacturers are at fault in these types of claims as well. They could be held responsible for defects, such as brakes, tires and mechanical failures.

At-fault driver citations

Usually, a police officer can determine the cause of an accident by looking at the scene of the crash and questioning witnesses. They may write an accusation if they believe that a driver has violated traffic laws. Insurance companies will also examine police reports to help them determine the cause of the incident.

Following an accident, it is normal for drivers to glare at each one another. However, this can be harmful. Apart from giving auto accident law firm columbia , it could result in an admission of guilt, which could be used against you in court.

The majority of car accidents involve two or more individuals with varying degrees of blame. A majority of states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of blame. A traffic ticket can be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This can reduce the potential payout for injuries.


The fact that a person is mentioned in a car crash could be proof that they caused the accident. However, it’s not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case, you may need other types of evidence to show that the negligence of another driver caused harm to you. Witness testimony, evidence at the scene of the accident, and medical documents to show your injuries.

Police reports

When law enforcement officers visit the scene of a car crash they will fill out an official police report. The reports include both information and opinions of the officers who were on the scene at the time of the collision. This report is essential for any claim involving an auto accident. Insurance companies also will review the report to determine the fault and amount of compensation.

According to the location, police reports are admissible or not. The police report may contain statements of people who haven’t been certified as witnesses. To be able to be considered as evidence in a legal matter they must fall within one of the exceptions to hearsay law.

A typical police report contains information about the driver, the vehicles and the victims involved in the crash along with the details of what happened and any evidence found at the scene. Many police reports also include the officer’s opinion on how the crash happened and who is the most to blame.

Even if there is no indication that you are injured, it is still in your best interests to file a police accident report even if the incident seems to be minor. There are many injuries that do not show up in a hurry and having a solid record can help in getting you the amount you are due for medical expenses.