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Auto Accident Legal Matters

Contact an experienced attorney immediately If you’ve suffered injuries in a car accident. Your lawyer can help you understand your rights and get the compensation that you deserve.

All drivers are responsible to obey traffic laws. If they violate that duty and cause injury, they can be held responsible.

Damages

Generally speaking, there are two types of damages that can result from a car crash. The first kind of damage called special damages, have the value of a dollar that is easily determined. Special damages can include medical bills or lost wages, as well as vehicle repairs. The second type, referred to as non-economic damages, are more difficult to quantify. They include things like pain and suffering.

In order to receive compensation for non-economic losses, you must be able show that your injuries were serious enough to warrant an award. This is a daunting job and the person who was injured should be represented by an attorney.

The loss of enjoyment is one of the most commonly reported non-economic losses. This usually involves an amount in dollars that represents the lower quality of life due to injury caused by an accident. This also is the inability to participate in certain activities, like driving, that used to be enjoyable.


In rare cases victims might be in a position to sue for punitive damage. These damages are intended to punish the defendant and deter future acts that are just as bad. The possibility of punitive damages is not available in every case and a successful claim is based on strong evidence showing that the defendant was acting with conscious disregard for other people’s safety.

Liability

If you’re injured in an accident involving a vehicle the person who caused your injuries is responsible to compensate you. This includes compensation for medical costs or property damage, loss of income, and non-economic damages such as pain and discomfort. In most cases, this is the driver who caused the crash. However, it’s not uncommon for the two drivers to share a portion of the blame. Some states apply what’s called comparative negligence laws. In these, a jury will determine each driver’s percentage of fault and adjust the amount of damage according to that.

It is crucial to prove what happened to an insurance company or to a jury or judge. auto accident attorneys gulfport of evidence is what we call it. The plaintiff is responsible for the burden of proof. You must provide evidence to prove that your accident occurred.

A government entity could also be held accountable 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, manufacturers are responsible in these types of claims too. They may be held accountable for defects such as brakes, tires, and mechanical failures.

At-fault driver citations

Most of the time, police officers can determine who caused the accident by studying the scene of the crash and questioning witnesses. If they suspect that a driver has broken traffic laws, they may issue a ticket. Insurance companies may also rely on police reports to determine fault.

After an accident, it is normal for drivers to glare at each other. This can be harmful. It could not only leave the driver behind you a bad impression, but it could also lead to you admitting guilt in the court.

In most car accidents there are two or more parties who share some level of blame. Most states have modified comparative-fault rules that allow claimants to recover damages less their proportion of fault. Insurance adjusters can utilize a traffic ticket to increase the percentage of blame in an accident, which may reduce their payout for their injuries.

The fact that a person is mentioned in a car crash could be proof that they are responsible for the accident. It is not any guarantee that a personal-injury case will be successful. Depending on the circumstances of your case you may require other forms of evidence to show that another driver was negligent and caused you harm. This could include witness testimony, evidence at the site of the accident, as well as medical records detailing your injuries.

Police reports

If law enforcement officers are at a car accident scene they will complete an official police report. The reports will contain both information and opinions observed by the officers on the scene at the time the accident occurred. This is an important document to be included in any claim for auto accidents. Insurance companies also will review the report to determine fault and compensation.

In accordance with the location, police reports are acceptable or not admissible in 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 used in a legal case they must be covered by one of the hearingsay exceptions under law.

A typical police report includes details regarding the driver, the vehicles and the victims involved in the crash, in addition to an account of the accident and any evidence that was found at the scene. A majority of police reports also include the officer’s opinion on how the crash happened and who is to blame for it.

If you’re not injured however, it is the best option to always submit a police report after any accident you’re involved in even if it appears to be a minor. Not all injuries are apparent immediately and having a solid record can go a long way toward getting you the amount you are due for your medical expenses.