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Auto Accident Legal Matters

Contact an experienced attorney immediately when you’ve been injured in a car crash. An attorney can assist you learn about your rights and help you get the compensation that you are entitled to.

All drivers are responsible for adhering to traffic laws. If they violate that duty and cause harm, they are accountable.

Damages

In general, there are two types of damages that can result from a car accident. The first type called special damages, comes with a dollar value that is easily determined. Examples of special damages include medical bills or lost wages as well as vehicle repair are examples of special damages. The second kind of damage that are referred to as non-economic damages is more difficult to quantify. They include things like suffering and pain.

To receive compensation for noneconomic losses it is necessary to establish that your injuries were serious enough to warrant this award. This is not an easy task and the person who was injured must be represented by a lawyer.

Loss of enjoyment is among the most commonly reported non-economic losses. This is usually a monetary amount that represents a lower quality of life due to injuries caused by accidents. This also includes the inability to participate in certain activities, like driving, that were once enjoyable.

In rare cases victims might be allowed to sue for punitive damage. The purpose of this type of damage is intended to penalize the defendant and discourage any further actions which are as indecent. Punitive damages may not be available in all cases, and a successful claim depends on strong evidence showing that the defendant was acting with conscious disregard for other people’s safety.

Liability

If you are injured in an accident in a car the person or entity responsible for your injuries is liable to pay you compensation. auto accident attorneys arizona includes reimbursement for medical expenses or property damage, loss of income, and any other non-economic damage like discomfort and pain. In most cases, this is the driver who caused the accident. However, it is not unusual for both drivers to share some blame. Some states have laws called comparative negligence. jurors determine the respective percentages of each driver and adjusts the damages awarded in proportion.

It is essential that you can prove what happened to an insurance company or to a judge and jury. The burden of proof is what we call it. The burden falls on the person making the claim, which is the plaintiff and demands that you provide evidence of how your accident occurred.

Another kind of case that could be filed is when a government entity is the one responsible for the accident. This can occur when a roadway is not maintained or constructed properly and causes an accident. These claims are also called road defect cases. Sometimes, the manufacturers are at fault in these types of claims too. They could be held responsible for defects such as brakes, tires, and mechanical failure.

At-fault driver citations


An officer will often be able to determine who caused 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 may also review police reports to determine the cause of the incident.

It is common for drivers to point fingers at one another following an accident. But, this can be detrimental. While giving the other driver a negative impression it could lead to an admission of guilt which could be used against you in court.

In most car accidents there are usually two or more parties that share a certain amount of responsibility. This is the reason that most states follow modified comparative fault rules that allow the claimant to recover damages that are less than their portion of the fault. A traffic citation can be used by an insurance adjuster to increase the percentage of claimant fault in an accident. This can decrease the chance of recovering compensation for injuries.

The fact that someone is cited in a car crash can be strong evidence that they caused the accident. It’s not an assurance that a personal injury case will be successful. Based on your particular case, other types of evidence may be needed to show that the other driver was negligent and caused injury to you. This includes witness testimony, evidence from the scene of the accident and medical records of your injuries.

Police reports

When officers from the police arrive at a car crash site they will fill out an official report. These reports contain both the facts and opinions noted by the officers on the scene at the time of the accident. This is an important document for any auto accident claim. Insurance companies will examine the report as well to help determine fault and compensation for the injured parties.

Depending on jurisdiction, police reports can or may not be considered admissible to court. The reason for this is that the police report includes statements made by people who are not sworn witnesses in court. To be able to be considered as evidence in a legal case they must fall under one of the exceptions to hearsay law.

A typical police report will include details regarding the driver, vehicles and the people involved in the accident, as well as an account of the incident and any evidence that was found on the scene. A majority of police reports contain the officer’s opinions on the cause of the accident and who is to blame.

Even if there is no indication that you are injured, it’s the best option to file a police accident report, even if the accident seems to be minor. Documentation is important because there aren’t all injuries evident immediately.