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How to Build an Auto Accident Legal Claim

A car accident lawyer will take into account every aspect of how your injuries have affected you. This includes current and future medical costs, lost wages and emotional effects.

A lawyer who has extensive experience in preparing cases involving car accidents and trying them is essential. Insurance companies are aware that lawyers willing to go to trial will fight to secure the maximum amount of compensation.

Traffic collisions

A traffic collision is any kind of accident that involves one or more vehicles. They can include pedestrians, animals road debris, stationary obstacles like poles or structures. They can also occur on public or private roads. Traffic accidents could be accidental or deliberate. Examples of intentional traffic crimes include vehicular murder as well as vehicular suicide.

According to the NYC Open Data Initiative the NYC Open Data Initiative, car accidents are among the most frequent kinds of incidents in New York City. The city maintains a database that is public of every reported motor vehicle accident. The database includes information on the date when, where, and time of the collision as well as the extent of the collision.

Report any traffic accident even if they appear minor. You could lose your right to compensation if don’t report the collision. In addition, failing report a crash could result in a license suspension or other penalties.

It is crucial to contact the police and take photographs of the scene of the accident If you’re involved in an accident. You should also gather all of the information about the other driver, including their insurance company. If you can’t find the driver of the other and you are unable to locate the driver, you can make a claim through your own auto insurer or with a family member’s policy. You may be able to file claims through the New York Motor Vehicle Accident Indemnification Corporation which is a government-funded fund that compensates seriously injured individuals.

At-fault driver citations

In states that have fault-based car insurance laws in which the at-fault driver’s insurance covers the cost of medical and vehicle repairs for other drivers involved in a crash. You may still be able to seek compensation for your loss. In such cases you will need evidence that the other driver was negligent or reckless. A traffic citation is an excellent proof for this reason.

In the majority of police departments, officers have the power to give a driver a citation after an accident. If they believe that the driver caused the accident through committing a traffic infraction then they usually issue an citation. The type of offense also determines the fault of the insurance company.

Some states have “contributing factor” boxes on accident reports, where officers can assign a percentage of fault to the driver responsible for an incident. If you were struck by a driver who drove straight through a traffic signal, and you could have walked away from the intersection but didn’t, you might be assigned some percentage of the blame for the accident.

A skilled personal injury lawyer can assist you to demonstrate that the other driver acted in violation of their duty of care by driving unsafely and not obeying the rules of the road. You can then seek damages for your physical and emotional injuries. If your losses are greater than the liability insurance coverage, then you can sue the driver responsible for the accident.

Counterclaims

In the event of a car accident and the parties involved are faced with a limited amount of time to pursue legal action. Although the deadlines for legal action vary from state to state, a lawsuit filed within the proper timeframe can be a great way to seek compensation for injuries and losses that are a result of the collision. A lawyer with experience will help you negotiate with insurance companies and then take your case to the court.

One of the first steps that you and your attorney will take to initiate the legal process is to file a police report. This report is essential because it provides a summary of what transpired, evidence and information gathered on the scene witness statements, and more. It is often used by insurance companies and attorneys to determine fault and the kinds of damages you may be entitled to claim.


After your attorney has filed the report both parties will engage in a series of exchanges known as discovery. Your attorney will ask Defendant representatives to answer questions and gather details on their version of the events, which includes the severity of your injuries. Your lawyer can also seek experts to support your claims and give credibility to the case.

Counterclaims are a popular method for those in fault to attempt to tip the scales in their way. This is especially prevalent in states with amended law on comparative negligence that requires victims to prove that they are not more than 51 percent at fault for the accident.

Comparative negligence

The process of determining who is to the blame for a car accident is often confusing and sometimes challenging. This is especially true in states that have shared fault or laws of comparative negligence. The law allows an injured victim to recover damages minus their own percentage of the blame for the incident. If you are found to be 20 percent negligent, your compensation will be reduced by the amount of 80%.

New York is a pure state of comparative negligence. Therefore, should your case go to the courtroom, judges and juries will weigh the degree of fault each party was responsible for the accident and reduce damage awards by that same amount. Insurance companies use the concept of comparative negligence when evaluating claims from third parties.

In general, there are three types of comparative negligence which are pure comparative negligence, modified comparative fault and contributory negligence. Most states including Texas adhere to the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule that held each tortfeasor/defendant responsible for the total amount of the victim’s damages.

auto accident lawyer napa are a method for your attorney to ask questions orally to police officers, witnesses and medical professionals involved in the collision. They will assist the legal team develop your auto accident case. The testimony you provide can aid in proving your claim.