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Auto Accident Legal Matters

If you are injured in a car accident, contact an experienced attorney as soon as you can. Your attorney will explain your rights and assist you receive the compensation you are entitled to.

All drivers are required to follow traffic laws. When they breach that duty and cause harm, they are accountable.

Damages

In general, there are two types of damages that can result from a car accident. The first type of damages, known as special damages, has the value of a dollar that can be easily determined. Things like medical bills as well as lost wages and repair work on vehicles are examples of special damages. The second type, referred to as non-economic damages, are more difficult to quantify. auto accident law firm oregon include things like suffering and pain.

To receive compensation for non-economic losses, it is essential to be able to show that the injuries suffered were serious enough to warrant the compensation. This is a daunting task and the victim should be represented by an attorney.

One of the most prevalent kinds of non-economic damages is the loss of enjoyment in life. In general, this is an amount in dollars that represents the lower quality of life experienced due to injuries resulting from accidents. It also includes the inability to participate in certain activities, like driving, that used to be enjoyable.

In a few cases victims may be able to seek punitive damages. This kind of damage is designed to penalize the defendant for a particularly indecent act and helps deter others from similar acts in the future. Damages for punitive intent may not be offered in all cases. A successful claim will require strong evidence that the defendant acted with a conscious disregard for others’ safety.

Liability

If you are injured in an accident in a car the person or entity responsible for your injuries will be held accountable to pay you compensation. This includes money for medical expenses as well as property damage, loss of income as well as non-economic damage like pain and suffering. In most cases, the person who caused the accident will be responsible. However, it’s not unusual for two drivers to share some responsibility. Some states have laws that are called comparative negligence. jurors determine the percentage of each driver and adjusts the damage award in proportion.


It is crucial that you demonstrate what transpired to an insurance company or to a jury or judge. The burden of evidence is what we call it. The burden is shifted to the person making the claim – the plaintiff and requires you to show evidence of how your accident occurred.

Another kind of case that could be filed is when a government agency is at fault for the accident. This could happen when a roadway isn’t properly constructed or maintained and results in an accident. These types of claims are also referred to as road defect cases. Sometimes, manufacturers are accountable in these types of claims too. They could be held accountable for car defects such as brakes, tires and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who was the cause of an accident by looking at the scene of the accident and interviewing witnesses. They can issue tickets if they believe the driver was in violation of traffic laws. Insurance companies may also rely on police reports to determine the fault.

It is common for drivers to point fingers at each other after an accident. This can be harmful. In addition to giving the driver a negative impression, it could result in an admission of guilt which could be used against you in court.

In the majority of car accidents, there are two or more people who share a percentage of blame. The majority of states have modified comparative fault rules, which allow claimants to recover damages that are less than their percentage of fault. An insurance adjuster might utilize a traffic ticket to increase a claimant’s percentage responsibility for the accident, which can reduce their compensation for their injuries.

The incident that someone is cited in the aftermath of a car accident could be strong evidence 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 forms of evidence to prove that another driver was negligent and caused harm to you. You will need witness testimony, evidence from the accident scene and medical records to show your injuries.

Police reports

If law enforcement officers are at the scene of a car accident, they will fill out an official police report. These reports contain both facts and opinions noted by the officers who are on scene at the time of the accident. It is an essential document for any auto accident claims. Insurance companies also will review the report to determine fault and compensation.

Based on the jurisdiction, police reports could or might not be considered admissible to court. The police report includes statements that aren’t legally sworn as witnesses. To allow these statements to be used in a legal matter they must fall under one of the exemptions to hearsay law.

A typical police report includes details about the driver’s identity, the vehicles involved and the victims in the crash along with the details of what happened and any evidence discovered on the scene. A majority of police reports contain an officer’s view on the cause of the crash and who’s at fault.

Even if you’re not injured, it is still in your best interests to file a police accident report, even if the accident appears to be minor. There are many injuries that do not show up in a hurry and having evidence can go a long way toward helping you get the compensation you deserve for your medical expenses.