Write About Everything

How to Build an Auto Accident Legal Claim

A lawyer for car accidents will take into consideration all the ways your injuries have impacted you. This includes medical costs at present and in the future, lost wages, and emotional impact.

A lawyer with a lot of experience in preparing and attempting cases involving car accidents is essential. Insurance companies are aware that attorneys who are willing to go to trial will fight for maximum compensation.

Traffic collisions

Traffic collisions refer to any incident that involve at least one vehicle. These accidents can also involve pedestrians, stationary objects like buildings or poles and animals road debris, or road debris. They can also occur on public or private roads. Traffic collisions can be either accidental or intentional. Examples of traffic-related crimes are vehicular homicide and vehicular suicide.


According to the NYC Open Data Initiative, car accidents are among the most common types of incidents that occur in New York City. The city maintains an online database of all reported motor car accidents. It contains information on the date and time of the collision, its location, and the extent of the damage.

Report any traffic accident, even if they seem minor. You could lose your right to compensation if you don’t report the collision. Failing to report a collision can result in suspension of your driver’s license or other penalties.

It is imperative to call the police and take photos of the scene of the accident if you are involved in an accident. It is also important to collect all of the other driver’s information, including their insurance company. If you cannot locate the other driver you may make a claim through your own auto insurer or a family member’s insurance. You might also be able to file an claim through the state’s special fund for those who have suffered catastrophic injuries named the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).

At-fault driver citations

In states that have fault-based insurance laws, the insurance company of the driver who is at blame is responsible for medical costs and repair costs to vehicles for other drivers involved. However there are other forms of compensation you could pursue for losses resulting from the accident. In these cases you must be able to provide evidence that the other driver was negligent or careless. Traffic citations are an excellent evidence.

In many police stations officers have a say in whether they give a driver a ticket following an accident. If they believe that the driver caused the accident by a moving violation the police will usually issue a ticket. The type of violation will also play a role in the insurance company’s decision on fault.

Certain states have “contributing factor” boxes on accident reports in which officers can assign a percentage of fault to a driver involved in an incident. For instance, if were hit by a vehicle who was accelerating through a red light, and you had the chance to move away from the path but did not then you could be assigned an amount of blame for the incident.

An experienced personal injury lawyer can assist you to demonstrate that the other driver acted in violation of their duty of care by driving negligently and not obeying the rules of the road. You can then seek damages for your physical and emotional injuries. If your losses exceed the liability insurance coverage, you are able to make a claim against the person responsible for the accident.

Counterclaims

When a car accident occurs, parties involved have the time to pursue legal action. While these deadlines vary by state, a lawsuit filed within the appropriate timeframe can be an effective way to obtain compensation for injuries and damages that result from the collision. A lawyer with experience can assist you in negotiating with insurance companies and take your case to court.

You and your lawyer will begin the legal process by filing an police report. This report is essential because it contains a summary of what transpired, information and evidence collected at the scene witness statements, and more. It is commonly used by insurance companies and attorneys to determine who is at fault and the types of damages you might be entitled to claim.

After your attorney has filed the report both parties will engage in a series of exchanges known as discovery. This is when your attorney will ask questions from the representatives of the defendant and get information on their version of events, including their assessment of the extent of your injuries. Your attorney can also seek out expert opinions to support your claims and give credibility to the case.

The filing of a counterclaim is a common tactic used by at-fault parties to attempt to tip the scales to their advantage. This is especially prevalent in states that have modified law governing comparative negligence which require victims to prove they are less than 50% at fault for the accident.

Comparative negligence

Identifying who is responsible for an automobile accident can be confusing and often times difficult. This is especially true for states that have shared fault or common negligence rules. According to the law of comparative negligence those who are injured can get compensation for their injuries less their percentage of blame for the accident. If you are found to be 20% negligent, your recovery will be reduced by 80%.

auto accident lawyer chesapeake is a pure comparative negligence state. So if your case makes it to the court, judges and juries will assess the degree of blame each party contributed to the accident and reduce damage awards by the same amount. Insurance companies also employ standards of comparative fault when evaluating third party claims.

Generally speaking, there are three kinds of comparative negligence that are: pure comparative negligence, modified comparative fault, and contributory negligence. Most states including Texas follow the modified comparative fault rule. Texas was a part of the traditional Joint and Several Liability Rule, which held each defendant/tortfeasor responsible for the total amount that the victim was liable for damages.

Your attorney will be able to ask oral questions to witnesses, medical professionals and police officers involved in the collision through depositions. These will help the legal team construct your auto accident case. Your testimony can strengthen your claim.