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Auto Accident Legal Matters

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

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

Damages

In general there are two types of damage that can result from a car accident. The first, called special damages, are characterized by a clear dollar amount that is easy to calculate. Special damages include medical expenses loss of wages, vehicle repairs. 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 compensated for non-economic losses, you must be able prove that your injuries were serious enough to warrant an award. This is an extremely difficult job and the person who was injured should be represented by an attorney.

The loss of enjoyment is among the most commonly reported non-economic losses. It’s usually a financial amount that is a reflection of a diminished quality of living as a result accident-related injuries. auto accident lawsuit centennial involves the inability to take part in certain activities, such as driving that were once enjoyable.

In rare instances victims could be capable of suing for punitive damages. This kind of damage is designed to penalize the defendant for a particularly indecent act and helps deter others from similar acts in the future. The possibility of punitive damages is not available in every case, and a successful claim relies on the strength of evidence that proves the defendant was acting with conscious disregard for the safety of others.

Liability

If you’re injured in a car accident, the person responsible for your injuries is responsible to pay you. This includes compensation for medical costs as well as property damage, lost income, and other damages that include pain and discomfort. In the majority of cases, it will be the driver who caused the accident. However, it is not uncommon for the two drivers to share some blame. Certain states follow what’s known as comparative negligence laws, where a jury will determine the proportion of fault for each driver and adjust the damage amount accordingly.

It is important that you can demonstrate to the satisfaction of an insurance company or a jury or judge what took place. This is known as the burden of proof. The plaintiff is the one who bears the burden of proof. You must present evidence to prove that the incident occurred.

A government entity can be liable for an accident. This can happen when a road is not maintained or constructed properly and causes an accident. These types of claims are also known as roadway defect cases. These kinds of claims could also be brought by manufacturers. They could be held responsible for defects such as brakes, tires, and mechanical failures.

At-fault driver citations

Most of the time, police officers can determine who caused an accident by analyzing the scene of the crash and speaking with witnesses. If they believe a motorist has broken traffic laws, they might issue a ticket. Insurance companies may also rely on police reports to determine fault.

Following an accident, it is normal for drivers to point at each other. This can be harmful. In addition to giving the driver a negative impression it could result in an admission of guilt that can be used against you in court.


In the majority of car accidents there are at least two parties that share a certain amount of responsibility. This is why most states follow modified comparative fault rules that allow the claimant to recover damages minus their share of blame. A traffic citation could be used by an insurance adjuster to increase the claimant’s percentage responsible for an accident. This can decrease the amount of compensation for injuries.

The fact that someone is mentioned in a car accident could be evidence that they caused the accident. However, it is not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case the other evidence could be required to show that the other driver was negligent and injured you. Witness testimony, evidence at the accident scene and medical records to show your injuries.

Police reports

When officers from the police arrive at a vehicle accident site they will fill out an official report. These reports contain both the facts and opinions that are compiled by officers who were on the scene at the time of the collision. This is a crucial document to be included in any claim for auto accidents. Insurance companies will also review the report for fault and compensation.

Depending on the region, police report are admissible or not in court. The reason for this is that the police report contains statements from people who aren’t sworn witnesses in court. These statements have to fall under an exception to the law of hearsay to be used as evidence.

A typical police report contains information about the driver, the vehicles and the victims involved in the crash along with an account of what transpired and any evidence found at the scene. A majority of police reports also include officers’ opinions on the circumstances of the crash and who’s to blame.

If you’re not injured it is ideal to always submit a police report after any incident you’re involved in, even if it appears to be minor. Some injuries don’t show up in a hurry and having a thorough record can go a long way toward helping you get the money you deserve for medical expenses.