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Auto Accident Legal Matters

If you’ve suffered injuries in an auto accident, call an experienced attorney as quickly as possible. Your attorney will explain your rights and help you get the compensation you deserve.

All drivers are obliged to observe traffic laws. They are held accountable if breach this duty and cause harm.


Damages

In general there are two kinds of damages that may result from a car crash. The first, referred to as special damages, have a precise dollar value that is easy to calculate. Examples of special damages include medical bills, lost wages, and repair work on vehicles are examples of special damages. The second type, which is referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering.

To receive compensation for losses that are not economic, it is essential to be able to demonstrate that the injuries suffered were serious enough to warrant such an award. This is a difficult task and the injured person should be represented by an attorney.

Loss of enjoyment of life is among the most frequent non-economic damages. Generally, this entails a monetary sum that reflects the reduced quality of life resulting as a result of injuries resulting from accidents. This can include the inability of the victim to participate in activities that were once pleasurable like driving.

In rare instances victims may seek punitive damages. This kind of damage is intended to punish the defendant for a particular sloppy act and to deter others from doing similar things in the future. Damages for punitive intent may not be available in all instances. auto accident law firm kent requires evidence that the defendant’s actions were carried out with conscious disregard for others’ safety.

Liability

When you are injured in an accident in a car and are injured, the person or company responsible for your injuries is liable to compensate you. This includes compensation for medical expenses as well as property damage, loss of income, and other non-economic damages like suffering and pain. In the majority of instances, the driver who caused the accident will be responsible. However, it is not uncommon for both drivers to share some responsibility. Some states apply what’s called comparative negligence laws. In these, jurors will determine the proportion of fault for each driver and adjust the amount of damage in proportion.

It is important that you show to the satisfaction an insurance company or juror or judge that the incident occurred. This is referred to as the burden of proof. The plaintiff has the burden of proving. You must provide evidence to prove that your accident took place.

A government entity can also be held accountable for an accident. This can be the case when a road is poorly maintained or designed which can lead to an accident. These are also known as roadway defect cases. These types of claims can also be brought by manufacturers. They could be held accountable for defects in cars such as tires, brakes and mechanical failure.

At-fault driver citations

A police officer is often able to determine who was the culprit by analyzing the scene and interviewing witnesses. They might issue an order if they believe that a motorist violated traffic rules. Insurance companies may also rely on police reports to determine fault.

It is common for drivers to point fingers at each other after an accident. However, this could be detrimental. This could not only give the other driver a negative impression but could also cause you to admit guilt in the court.

Most car accidents be caused by two or more people with varying degrees of responsibility. This is why most states follow modified comparative fault rules that allow the claimant to seek compensation for damages minus their proportion of fault. Insurance adjusters can use a traffic citation to increase a claimant’s percentage blame for the accident which may reduce their payment for injuries.

The the fact that a person is cited after a car accident may be evidence that they caused the crash. However, it’s not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case, other types of evidence may be required to establish 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 law enforcement officers attend the scene of a car crash they will fill out an official police report. These reports contain both facts and opinions that are compiled by officers who were on the scene at the time of the accident. This is a crucial document to be included in any auto accident claim. Insurance companies will examine the report in order to determine fault and the amount of compensation for injured parties.

Depending on jurisdiction, police reports can or may not be considered admissible to court. The main reason is because the police report contains statements by people who are not sworn witnesses in court. These statements must fall within an exception to the law of hearsay to be admissible as evidence.

A typical police report includes information about the driver’s identity, the vehicles and victims involved in the accident and the details of what happened and any evidence found on the scene. A majority of police reports also include the officer’s opinion on what caused the crash and who is most to blame for it.

Even if you don’t feel injured, it’s in your best interests to submit a police accident report even if the incident seems minor. Not all injuries are apparent in a hurry and having a solid record can help in helping you claim the compensation you deserve for medical expenses.