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Auto Accident Legal Matters

If you’ve been injured as a result of an auto accident, call an experienced attorney as soon as you can. Your attorney can explain your rights and help you get the compensation you are entitled to.

Every driver is responsible to obey traffic laws. They can be held accountable if they violate this duty and cause harm.

Damages

In general there are two types of damages that may result from an accident. The first type of damages called special damages, have a dollar value that is easily determined. Special damages include medical expenses, lost wages and repairs to vehicles. The second type, referred to as non-economic damages, are more difficult to quantify. They include things like pain and suffering.

To be able to claim compensation for losses that are not economic, it is essential to be able to show that the injuries suffered were severe enough to merit the award. This is a challenging task and the person who was injured should be represented by a lawyer.

One of the most popular types of non-economic damages is the loss of enjoyment of life. It is usually a monetary sum that reflects the diminished quality of life that is experienced due to injury caused by an accident. Also, it is the inability to participate in certain activities, such as driving, that used to be enjoyable.

In rare cases victims could be allowed to sue for punitive damages. This type of damages is intended to penalize the defendant and discourage any further actions that are equally egregious. Damages for punitive intent may not be available in all circumstances. A successful claim requires evidence that the defendant’s actions were carried out with conscious disregard for others’ safety.

Liability

If you are injured in an auto accident, the person responsible for the injuries you sustained is responsible to compensate you. This includes money for medical expenses and property damage, as well as loss of income, and other non-economic damages such as pain and suffering. In most instances, the driver who caused the crash will be accountable. However, auto accident attorneys olathe is not uncommon for the two drivers to share some responsibility. Certain states have laws that are called comparative negligence, where jurors determine the proportion of each driver’s share and adjusts the amount of damage according to the percentage.

It is vital that you can demonstrate what transpired to an insurance company, or to a judge and jury. The burden of evidence is what we refer to it. The plaintiff is responsible for the burden of proving. You must prove to prove that the incident took place.

Another type of case that may be brought is when a government entity is accountable for the accident. This can occur when a roadway is not maintained properly or designed and causes an accident. These are also known as road defect cases. Sometimes, manufacturers are accountable in these kinds of claims too. They could be held accountable for defects like brakes, tires, and mechanical failure.

At-fault driver citations

An officer will often be able to determine who was the culprit by analyzing the scene and interviewing witnesses. If they suspect that a driver has violated traffic laws they could issue a ticket. Insurance companies may also use police reports to determine the fault.

It is normal for drivers to blame each other following an accident. But, this can be detrimental. This could not only give the driver in front of you a bad impression but could also result in you committing a crime in the court.

The majority of car accidents involve two or more persons with varying degrees of fault. Many states have modified comparative-fault rules, which allow claimants to recover damages that are less than their share of blame. A traffic ticket can be used by an insurance adjuster to increase the percentage of responsible for an accident. This can reduce the amount of compensation for injuries.

The fact that a person is cited in a car crash can be strong evidence that they caused the crash. It is not a guarantee that a personal injury claim will be successful. Depending on the situation, other types of evidence may be required to prove that the other driver was negligent and caused injury to you. Witness testimony, evidence at the scene of the accident and medical records to prove 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 details and opinions taken note of by the officers who were on the scene at the time the incident occurred. It is an essential document to be used in any auto accident claim. Insurance companies will study the report in order to determine the cause of the accident and to pay compensation to the victims.

Depending on jurisdiction, police reports can or may not be accepted in court. The police report contains testimony from people who aren’t sworn in as witnesses. These statements must be included in an exception to the hearsay law to be admissible as evidence.


A typical police report contains information about the driver’s identity, the vehicles and victims involved in the crash along with 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 to blame.

If you’re not injured however, it is the best option to always complete a police investigation for any accident you’re involved in even if it appears minor. Documentation is important because not all injuries are visible right away.