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Auto Accident Legal Matters

Contact an experienced attorney right away when you’ve been injured in a car crash. Your attorney will explain your rights and help you receive the compensation you are entitled to.


Every driver is required to observe traffic laws. When they breach that duty and cause harm, they are accountable.

Damages

In general there are two types of damages that may result from an automobile accident. The first, called special damages, have a specific dollar amount that is easy to calculate. Examples of special damages include medical bills or lost wages as well as repair work on vehicles are examples of special damages. The second type of damage, also known as non-economic damage, is more difficult to quantify. These include things like pain and suffering.

In order to receive compensation for non-economic losses it is necessary to prove that your injuries were serious enough to warrant this award. This is a challenging task, and the injured party must be represented by a lawyer.

Loss of enjoyment of life is among the most frequent non-economic damages. This is usually a monetary amount that represents a lower quality of life due to injuries sustained in accidents. This includes the inability for the victim to take part in activities that were once pleasurable, such as driving.

In rare instances victims might be allowed to sue for punitive damages. These damages are intended to punish the defendant and deter any future actions which are as indecent. The punitive damages might not be offered in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for the safety of others.

Liability

When you are injured in an accident in a car and are injured, the person or company responsible for your injuries is liable to compensate you. This will include money for medical expenses, property damage, loss of income, and other non-economic damages like suffering and pain. In the majority of cases, it will be the driver who caused the crash. However, it’s not uncommon for the two drivers to share a portion of the blame. auto accident law firm rock hill apply what’s called comparative negligence laws where a jury will determine the percentage of fault each driver is responsible for and adjust the damages awarded according to that.

It is vital to prove what happened to an insurance company or to a jury or judge. The burden of proof is what we call it. The burden is shifted to the person who makes the claim – the plaintiff and demands that you provide evidence of how your crash happened.

Another kind of case that may be filed is when a governmental entity is responsible for the accident. This can occur when a roadway is poorly constructed or maintained 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 may be responsible for the defects in cars, such as tires, brakes and mechanical failure.

At-fault driver citations

An officer will often be able to determine the cause by analyzing the scene and interviewing witnesses. If they believe a driver is in violation of traffic laws, they might issue a ticket. Insurance companies can also use police reports to determine fault.

It is common for drivers to blame one another after an accident. This can be detrimental. In addition to giving the driver a negative impression it could result in an admission of guilt that could be used against you in court.

In the majority of car accidents, there are two or more parties who share some level of blame. Many states have modified comparative-fault rules that permit claimants to receive damages less their proportion of fault. An insurance adjuster might utilize a traffic ticket to increase a claimant’s percentage blame in an accident, which can reduce their settlement for their injuries.

The fact that someone is mentioned in a vehicle crash could be a strong proof that they caused the crash. It is not an assurance that a personal injury claim will be successful. Based on the circumstances of your case other evidence may be needed to show that the other driver was negligent and caused injury to you. You will need witness testimony, evidence at the scene of the accident, and medical records to show your injuries.

Police reports

When law enforcement officers attend the scene of a car accident they will fill out an official police report. These reports contain both the facts and opinions noted by the officers who are on scene at the time of the collision. This is a vital document for any auto accident claims. Insurance companies will also examine the report for fault and compensation.

Based on the jurisdiction of the police, reports could be considered admissible to court. The reason for this is that the police report includes statements made by individuals who are not sworn witnesses in court. For these statements to be considered as evidence in a legal matter they must fall within one of the hearingsay exceptions under law.

A typical police report will include information about the car, driver and the victims who were involved in the crash, as well as an account of the incident and any evidence found at the scene. Many police reports include an officer’s opinion on the reason for the accident and who is to blame.

Even if you don’t feel injured, it is still in your best interests to file a police accident claim even if the incident seems to be minor. Some injuries don’t show up right away, and having solid documentation can be a huge help in helping you win the compensation you deserve for medical expenses.