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Auto Accident Legal Matters

Contact a seasoned attorney immediately in the event that you’ve been injured in a car accident. An attorney can explain your rights and assist you receive the compensation you deserve.

All drivers are accountable for obeying traffic laws. If they do not comply with this duty and cause harm, they are held accountable.

Damages

In general there are two kinds of damages that could result from an auto accident. The first, referred to as special damages, have a specific dollar value that is easy to calculate. Special damages are medical bills loss of wages, repairs to vehicles. The second type of damages which is referred to as non-economic damages is more difficult to quantify. These include things like suffering and pain.

In order to be eligible for compensation for losses that are not economic, it is essential to to prove that the injuries sustained were serious enough to warrant such an award. This is a daunting task and the injured person should be represented by an attorney.

The loss of enjoyment is among the most common non-economic damages. This is usually a financial amount that is a reflection of a diminished quality of living due to injuries sustained in accidents. Also, it can result in the inability of participating in certain activities, like driving that were once enjoyable.

In some cases, victims can pursue punitive damages. This kind of compensation is intended to penalize the defendant and deter future acts that are as egregious. Damages for punitive intent may not be offered in all cases. A successful claim will require strong evidence that the defendant was acting with conscious disregard for others’ safety.

Liability

If you are injured in a car accident the person who caused the injuries you sustained is responsible to compensate you. This includes money for your medical expenses as well as property damage, loss of income and noneconomic damages like suffering and pain. In most cases, this will be the driver who caused the crash. However, it’s not uncommon for both drivers to share some responsibility. Some states apply what’s called comparative negligence laws. In these, a jury will determine the proportion of fault for each driver and adjust the damage award according to that.

It is vital that you can show to the satisfaction an insurance company, jury or judge what took place. The burden of proof is what we call it. The plaintiff bears the burden of proof. You must prove to prove that your accident took place.

A government entity could also be held accountable for an accident. This can occur when a highway is not maintained or constructed properly and contributes to an accident. These types of claims are also known as road defect cases. These types of claims may also be brought by manufacturers. They could be held accountable for defects like brakes, tires and mechanical failures.

At-fault driver citations

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

Following an accident, it is normal for drivers to point at each other. This can be harmful. While 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 at least two parties sharing a portion of blame. A majority of states have modified comparative-fault rules that permit claimants to receive damages less their percentage of blame. An insurance adjuster may utilize a traffic ticket to increase a claimant’s share of responsibility for the accident, which can reduce their settlement for their injuries.


The fact that someone is cited following a car crash could be a strong proof that they caused the crash. It is not a guarantee that a personal-injury case will be successful. Based on the circumstances of your case, you may require other types of evidence to prove that another driver was negligent and caused harm to you. You will need witness testimony, evidence at the accident scene and medical documents to prove your injuries.

Police reports

When officers from the police arrive at a car accident site, they fill out an official report. The reports will contain both information and opinions taken note of by the officers who were on the scene at the time the accident occurred. This is an important document to be included in any auto accident claim. Insurance companies will also examine the report to determine fault and the amount of compensation.

Based on the jurisdiction of the police, reports can or may not be considered admissible to court. The main reason for this is that the police report contains statements made by people who aren’t witnesses in court. auto accident attorney ogden must fall under an exception to the hearsay law to be used as evidence.

A typical police report will include information about the driver, vehicles and the victims involved in the crash and a description of what happened and any evidence discovered on the scene. A majority of police reports also include the officer’s opinions about how the accident occurred and who’s to blame for it.

Even if there is no indication that you are injured, it is still in your best interests to file a police accident report even if the incident seems to be minor. Documentation is essential because there aren’t all injuries obvious immediately.