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How to Build an Auto Accident Legal Claim

A car accident lawyer will take into consideration all the ways in which your injuries have impacted you. This includes medical expenses at present and in the future, lost wages, and emotional effects.

A lawyer with a lot of experience in preparing cases for car accidents and then attempting to resolve them is crucial. Insurance companies know that lawyers who are willing to go to trial will fight for the best compensation.

Traffic collisions

A traffic collision is any type of accident that involves one or more vehicles. These accidents may also involve animals, pedestrians, road debris, or stationary obstacles such as poles or structures. They can also occur on public or private roads. Traffic accidents can be intentional or unintentional. Examples of traffic crimes that are intentional include vehicular murder as well as vehicular suicide.

According to the NYC Open Data Initiative the NYC Open Data Initiative, car accidents are among the most frequent kinds of incidents in New York City. The city maintains a public database of every motor vehicle accident. It contains information regarding the date and time of the collision, the location, and the extent of the damage.

It is vital to report all traffic collisions even if they appear to be minor. You could lose your right to compensation if fail to report the crash. In addition, failing report a crash could result in the suspension of your license, or other penalties.

It is imperative to call the police and take photos of the scene of the accident should you be involved in an accident. You should also collect all of the other driver’s information including their insurance company. If you can’t locate the other driver and you are unable to locate the driver, you can make a claim through your own auto insurer or a family member’s policy. You could also be capable of filing claims with the state’s special fund for catastrophically injured people, called the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).

At-fault driver citations

In states that follow the law of fault-based insurance for cars the insurance company of the at-fault driver covers medical and vehicle-repair expenses for all other drivers involved in a crash. You can still seek compensation for your losses. In auto accident law firm topeka must show that the other driver was negligent. A traffic citation is an excellent form of evidence for this purpose.

In many police communities, officers are able to give a driver warning after an accident. If they believe that the driver caused the accident as a result of a moving violation the police will usually issue a ticket. The nature of the incident will be a factor in the insurance company’s decision on the degree of fault.

Certain states have “contributing factor” boxes on accident reports, where officers can assign a percentage to the driver responsible for an incident. For example, if you were hit by a vehicle who was speeding through a red light, and you had the chance to move away from the way, but did not and you did not, you could be assigned a percentage of fault for the accident.

A skilled personal injury lawyer can establish that the other driver did not fulfill their duty of care by driving negligently and not obeying the rules of the road. You can then seek damages to compensate for your physical and mental injuries. If your losses go beyond what your liability insurance covers you can bring a lawsuit against the driver at fault.

Counterclaims

After a car crash, the parties involved only have a certain period of time to take legal action. The deadlines for filing lawsuits can vary from state to state, but a lawsuit filed in the appropriate time frame is a reliable way to recover compensation for the losses and injuries caused by the collision. A knowledgeable lawyer on your side can help you work with insurance companies to settle your case to trial.

You and your lawyer will begin the legal process by filing an official police report. This vital document contains an account of the incident, details and evidence gathered at the scene, statements from witnesses and more. It is frequently used by attorneys and insurance companies to determine the cause of the incident and the kinds of damages you may be entitled to claim.


Once your attorney files the report after which both sides will engage in a series called discovery. Your attorney will then ask the Defendant representatives for questions and collect details on their version of events, including the extent of your injuries. Your lawyer may also seek experts’ opinions to back up your claims and provide credibility to the case.

Counterclaims are often a way for the parties at fault to try to tilt the scales their way. This is especially prevalent in states that have modified laws on comparative negligence that require victims to prove that they are less than 50% responsible for the accident.

Comparative negligence

Figuring out who is responsible for a car accident is often confusing and at times difficult. This is especially true in states that have adopted common negligence or shared blame rules. According to comparative negligence laws, an injured person can get compensation for their injuries less their percentage of fault for the incident. If you are found to be 20 percent negligent, your claim will be reduced by the amount of 80%.

New York is a pure comparative negligence state, so when your case goes to the courtroom, judges and juries will evaluate the amount of fault that each party contributed to the accident and reduce the amount of damage awarded by the same amount. Insurance companies employ standards of comparative negligence to evaluate claims from third parties.

There are three main kinds of comparative negligence such as pure comparative neglect and modified comparative fault and contributory negligence. Texas is one of the states that abide by the modified law of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each defendant/tortfeasor accountable for the entire amount of the victim’s damages.

Depositions provide a means for your attorney to ask questions orally to police officers, witnesses and medical professionals involved in the collision. They will assist the legal team construct your auto accident case. The testimony you provide can help strengthen your claim.