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Auto Accident Legal Matters

If you’ve been injured as a result of a car accident, contact an experienced attorney as soon as you can. An attorney can assist you to understand your rights and receive the compensation that you are entitled to.

Every driver is responsible to obey traffic laws. If they violate that duty and cause harm, they are liable.

Damages

Generally speaking, there are two types of damages that may result from a car crash. The first kind of damage called special damages, has a value in dollars that is easily calculated. Things like medical bills or lost wages as well as vehicle repair are examples of special damages. The second type of damage, referred to as non-economic damages, is more difficult to quantify. These include things like suffering and pain.

To be eligible for compensation for noneconomic losses you must prove that your injuries were severe enough to warrant such an award. This is a difficult task, and the person who has suffered should be represented by an attorney.

Loss of enjoyment is among the most frequently reported non-economic damages. It’s usually a financial amount that represents a lower quality of life because of injuries resulting from accidents. This also includes the inability to participate in certain activities, such as driving, that used to be enjoyable.

In rare cases victims can claim punitive damages. This type of loss is designed to penalize the defendant for a particularly egregious act and to deter others from doing similar things in the future. Punitive damages may not be available in all circumstances. A successful claim will require evidence that the defendant acted with a conscious disregard for the safety of others.

Liability

If you are injured in a car accident, the person responsible for your injuries is accountable to pay you. This includes reimbursement for medical expenses or property damage, loss of income, and any other non-economic damage such as discomfort and pain. In most cases, this will be the driver who was responsible for the crash. It is not uncommon for two drivers to share responsibility. Some states follow what is called comparative negligence laws. In these, jurors determine each driver’s percentage of fault and adjust the amount of damage accordingly.

It is important to demonstrate to the satisfaction of an insurance company, jury or judge what took place. This is referred to as the burden of proof. The plaintiff is responsible for the burden of proving. You must present evidence to prove that your accident happened.

Another kind of case that can be filed is when a governmental entity is the one responsible for the accident. This could happen when a road is not maintained or constructed properly and contributes to an accident. These kinds of claims are also known as road defect cases. These kinds of claims could also be brought by manufacturers. They may be liable for defects in cars such as tires, brakes and mechanical failure.

At-fault driver citations

An officer will usually determine who caused an incident by looking at the scene of the accident and interviewing witnesses. If auto accident attorneys rochester believe that a driver has violated traffic laws, they could issue a ticket. Insurance companies can also use police reports to determine the fault.

It is normal for drivers to blame one another following an accident. This can be detrimental. This may not only give the other driver a negative impression however, it could also lead to you admitting guilt in the court.

In most car accidents, there are at least two parties who share some level of responsibility. This is the reason why most states have modified comparative fault rules that allow the victim to recover damages that are less than their share of blame. A traffic citation may be used by an insurance adjuster to increase the claimant’s percentage at fault in an accident. This can reduce the amount of compensation for injuries.


The the fact that a person is cited following a car crash could be powerful evidence that they were the cause of the crash. However, it’s not an assurance of the outcome of a personal injury lawsuit. Based on your particular case the other evidence may be required to demonstrate that the driver was negligent and caused injury to you. You will need witness testimony, evidence at the scene of an accident and medical documents to prove your injuries.

Police reports

When police officers arrive at a crash site they complete an official report. The reports will contain both facts and opinions that are compiled by officers who are on scene at the time of the collision. This is an important document to be included in any claim for auto accidents. Insurance companies will also review the report for fault and compensation.

Depending on the area of jurisdiction, police reports can be acceptable or not admissible in court. The police report includes statements that aren’t sworn in as witnesses. For these statements to be used in a legal context, they must fall under one of the hearingsay exceptions under law.

A typical police report includes information about the vehicle, driver, and victims involved in the crash, along with an account of the incident and any evidence discovered at the scene. The majority of police reports include the officer’s views on the circumstances of the crash and who is responsible for the incident.

If you’re not injured however, it is the best option to always make a police report of any accident that you are involved in, even if it appears to be a minor. Some injuries don’t show up immediately and having a solid record can help in helping you win the amount you are due for medical expenses.