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Auto Accident Legal Matters

Contact an experienced attorney immediately If you’ve suffered injuries in a car accident. An attorney can assist you know your rights and obtain the compensation you are entitled to.

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

Damages

In general, there are two types of damages that may result from a car crash. The first kind of damage, known as special damages, have a value in dollars that can be easily determined. Special damages can include medical bills loss of wages, repairs to vehicles. The second type of damages, also known as non-economic damages, is more difficult to quantify. They include things like pain and suffering.

In order to receive compensation for non-economic losses, it is necessary to be able to prove that the injuries suffered were severe enough to merit the compensation. This is a difficult task and the injured person should be represented by an attorney.

Loss of enjoyment of life is one of the most commonly reported non-economic losses. It is usually an amount in dollars that represents the lower quality of life experienced due to injury caused by an accident. It also includes the inability to participate in certain activities, like driving, that were once enjoyable.

In rare cases victims might be in a position to sue for punitive damage. This kind of damages are intended to punish the defendant for a particularly egregious act and helps deter others from doing similar things in the future. Punitive damages are not available in all circumstances. A successful claim requires evidence that the defendant acted with conscious disregard for the safety of others.

Liability

If you are injured in an automobile accident the person who caused your injuries is responsible to pay you. This includes compensation for medical expenses or property damage, loss of income, as well as non-economic damages that include pain and discomfort. In the majority of cases, the person who caused a accident will be the one responsible. It is not uncommon for the two drivers to share the blame. Certain states follow what’s called comparative negligence laws where a jury will determine the respective percentage of blame for each driver and adjust the damage award according to that.

It is important that you show to the satisfaction an insurance company or jury or judge what took place. This is referred to as the burden of proof. The burden is shifted to the person who is making the claim – the plaintiff – and it requires you to present the evidence that demonstrates how your accident occurred.

A government entity can also be held responsible for an accident. This could be the case when a road is not maintained or constructed properly and contributes to an accident. These are also known as roadway defect cases. These kinds of claims could also be brought by manufacturers. They may be responsible for car-related defects like brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine the cause of an accident by studying the scene of the accident and interviewing witnesses. They could issue an order if they believe that a driver has violated traffic laws. Insurance companies can also use police reports to determine fault.

It is common for drivers to blame each other after an accident. But, this can be harmful. While giving the other driver the wrong impression, it could lead to an admission of guilt which could be used against you in court.

In the majority of car accidents, there are at least two parties sharing a portion of responsibility. Most states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of fault. A traffic citation could be used by an insurance adjuster to increase the percentage of blame in an accident. This can decrease the amount of compensation for injuries.

auto accident law firm hoover that a person is mentioned in a car crash could be a strong proof that they are responsible for the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Depending on the situation additional evidence may be required to show that the other driver was negligent and injured you. You will need witness testimony, evidence at the scene of an accident and medical documents to show your injuries.

Police reports

When law enforcement officers visit an accident scene they will complete an official police report. The reports will contain both information and opinions noted by the officers on the scene when the incident occurred. It is an essential document to be used in any auto accident claim. Insurance companies will study the report to help determine fault and compensation for the injured parties.

Based on the jurisdiction, police reports can or may not be considered admissible in court. The police report includes statements from people who aren’t certified as witnesses. To allow these statements to be used in a legal proceeding they must fall under one of the exemptions to hearsay law.

A typical report from a police officer contains details about the driver, vehicles and the victims involved in the crash along with the details of what happened and any evidence that was found on the scene. A majority of police reports contain an officer’s view on the cause of the accident and who is responsible for the incident.

Even if there is no indication that you are injured, it’s recommended to file a police accident claim even if the incident seems minor. It is crucial to document the incident because not all injuries are evident immediately.