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Auto Accident Legal Matters

If you’ve suffered injuries in a car accident, contact an experienced attorney as quickly as you can. Your attorney can explain your rights and assist you receive the compensation you are entitled to.

All drivers are accountable for adhering to traffic laws. If they violate that duty and cause harm, they are accountable.

Damages

In general there are two distinct kinds of damages that can result from an auto accident. The first type of damage called special damages, has an amount that is easily determined. Special damages are medical bills or lost wages, as well as repairs to vehicles. The second type of damages, also known as non-economic damage is more difficult to quantify. These include things like suffering and pain.

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

Loss of enjoyment is among the most commonly reported non-economic losses. This is usually a monetary amount that is a reflection of a diminished quality of living because of injuries resulting from accidents. It also is the inability to participate in certain activities, like driving, that were once enjoyable.

In rare cases victims might be capable of suing for punitive damage. These damages are intended to punish the defendant and discourage future acts that are as egregious. The punitive damages might not be available in all cases. A successful claim requires evidence that the defendant acted with conscious disregard for others’ safety.

Liability

If you are injured in a car accident the person or entity responsible for your injuries will be liable to compensate you. This includes compensation for medical costs as well as property damage, lost income, and other damages like pain and discomfort. In most cases, the driver who caused a accident will be the one responsible. However, it is not uncommon for the two drivers to share some responsibility. Certain states have laws called comparative negligence. In these cases, the jury decides on each driver’s percentage and adjusts the damage award in proportion.

It is important that you can prove to the satisfaction of an insurance company, juror or judge that the incident occurred. The burden of evidence is what we call it. The burden is shifted to the person making the claim – the plaintiff – and demands that you provide evidence of how your crash happened.

A government institution can also be held accountable for an accident. This could occur when a roadway is not maintained properly or designed, and this contributes towards 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 such as brakes, tires and mechanical failure.

At-fault driver citations

Most of the time, police officers can determine who caused the accident by studying the crash scene and interviewing witnesses. If they believe a motorist has violated traffic laws they might issue a ticket. Insurance companies also look at police reports to determine fault.

auto accident attorney mcallen is normal for drivers to point fingers at each other following an accident. However, this could be detrimental. Besides giving the other driver a bad impression, it could result in an admission of guilt that could be used against you in court.

In most car accidents, there are two or more parties who share some level of responsibility. This is the reason why most states adhere to modified comparative fault rules that allow the victim to recover damages that are less than their proportion of fault. An insurance adjuster might make use of a traffic citation in order to increase the percentage of fault in the accident, which can reduce their payout for their injuries.

The incident that someone is cited after a car accident can be a strong proof that they caused the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Based on your particular case additional evidence may be needed to demonstrate that the driver was negligent and injured you. You will need witness testimony, evidence from the accident scene and medical records to prove your injuries.

Police reports

When police officers arrive at a crash site, they fill out an official report. The reports will contain both details and opinions observed by the officers on the scene when the accident took place. This is a crucial document to be included in any auto accident claim. Insurance companies will scrutinize the report to help determine the cause of the accident and to pay compensation to the injured parties.

According to the location, police reports are acceptable or not admissible in court. The police report contains testimony from people who aren’t officially sworn in as witnesses. In order for these statements to be considered as evidence in a legal context they must be covered by one of the exemptions to hearsay law.

A typical police report will include information about the driver, vehicles involved and the victims in the crash and an account of what transpired and any evidence found on the scene. The majority of police reports include the officer’s opinion on what caused the crash and who is responsible for the incident.


Even if you’re not injured, it is still in your best interests to make a police report, even if the accident seems minor. Some injuries don’t show up in a hurry and having a thorough record can make a big difference in helping you win the amount you are due for medical expenses.