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Auto Accident Legal Matters

If you’ve suffered injuries in an accident in the car, you should contact an experienced attorney as soon as you can. Your lawyer can assist you understand your rights and get the compensation that you are entitled to.

Every driver is required to follow traffic laws. They are held accountable if do not abide by this obligation and cause harm.

Damages

In general there are two types of damages that can result from a car crash. The first type of damage known as special damages, has the value of a dollar that can be easily calculated. Things like medical expenses loss of wages, vehicle repair are examples of special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. They include things like suffering and pain.

In order to be compensated for non-economic losses you must prove that your injuries were severe enough to warrant an award. This is a challenging task and the injured person should be represented by an attorney.

Loss of enjoyment of life is one of the most frequent non-economic damages. It is typically a financial amount that is a reflection of a diminished quality of life due to injuries sustained in accidents. This also includes the inability to participate in certain activities, such as driving, that were once enjoyable.

In a few cases, victims can sue for punitive damages. This kind of damages are designed to penalize the defendant for an egregious violation and also to discourage others from similar acts in the future. Punitive damages are not available in all instances. A successful claim will require strong evidence that the defendant was acting with conscious disregard for others’ safety.

Liability

If you are injured in an accident in a car the person or organization responsible for the injuries you sustained will be responsible to compensate you. This includes reimbursement for medical expenses and property damages, as well as lost income, and non-economic damages such as pain and discomfort. In auto accident law firm houston , the person who caused a crash will be accountable. It is not uncommon for two drivers to share responsibility. Some states have laws that are called comparative negligence. In these cases, a jury determines the respective percentages of each driver and adjusts the damage award in accordance with the percentage.

It is essential that you can show to the satisfaction an insurance company or judge and jury what occurred. This is referred to as the burden of evidence. The burden is placed on the party making the claim, namely the plaintiff and requires you to show proof of how the crash happened.

Another kind of case that could be brought is when a government agency is at fault for the accident. It can happen when a roadway has been poorly designed or maintained and this causes an accident. These claims are also called road defect cases. These types of claims can also be brought by manufacturers. They could be held responsible for defects such as brakes, tires and mechanical failure.

At-fault driver citations

A police officer is often able to determine who was the culprit by analyzing the accident scene and interviewing witnesses. If they believe a driver has violated traffic laws they may issue a ticket. Insurance companies will also examine police reports to identify the source of the fault.

Following an accident, it’s normal for drivers to point at each one another. This can be harmful. It could not only leave the driver behind you a bad impression and could cause you to confess guilt in the court.

In the majority of car accidents there are usually two or more people who share a percentage of blame. This is the reason that most states use modified comparative blame rules that permit the claimant to recover damages that are less than their proportion of fault. An insurance adjuster may apply a traffic citation to increase a claimant’s share of responsibility for the accident, which can reduce their payment for injuries.

The the fact that a person is cited following a car crash could be strong evidence that they were the cause of the crash. It’s not an assurance that a personal-injury case will be successful. Based on the circumstances of your case the other evidence may be needed to prove 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 detailing your injuries.

Police reports

When police officers arrive at a vehicle accident site and are asked to fill out an official report. These reports include both the details and opinions noted by the officers on the scene when the accident took place. This is an important document to be included in any claim for auto accidents. Insurance companies will review the report in order to determine fault and the amount of compensation for the injured parties.

Based on the jurisdiction, police reports can or may not be accepted in court. The main reason is that the police report contains statements from people who aren’t witnesses in court. For these statements to be considered as evidence in a legal proceeding they must fall within one of the exemptions to hearsay law.

A typical police report will include details about the driver’s identity, the vehicles involved and the victims in the crash as well as a description of what happened and any evidence found on the scene. Many police reports also include the officer’s views on how the crash happened and who is to blame for it.


If you’re not injured but you are not injured, it is ideal to always make a police report of any incident you’re involved in even if it appears to be a minor. Not all injuries show up immediately and having a thorough record can go a long way toward helping you claim the compensation you’re entitled to for medical expenses.