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Auto Accident Legal Matters

Contact a seasoned attorney immediately when you’ve been injured in a car accident. An attorney can explain your rights and assist to get the compensation you are entitled to.

All drivers have a duty to abide by traffic laws. They are liable if they break this duty and cause harm.

Damages

In general, there are two types of damages that can result from a car crash. The first, known as special damages, are characterized by a clear dollar value that is easy to calculate. Things like medical bills as well as lost wages and repair work on vehicles are examples of special damages. The second kind of damage which is referred to as non-economic damage, is more difficult to quantify. These include things like suffering and pain.

To be able to claim compensation for losses that are not economic, it is necessary to to show that the injuries suffered were serious enough to merit such an award. This is an extremely difficult job and the person who was injured should be represented by an attorney.

One of the most prevalent forms of non-economic damages is the loss of enjoyment of life. This is usually a monetary amount that indicates a decreased quality of living due to injuries sustained in accidents. This includes the inability for the victim to take part in activities that were once enjoyable like driving.

In rare cases, victims may be allowed to sue for punitive damages. This kind of damage is designed to punish the perpetrator for a particularly egregious act and helps deter others from repeating the same actions in the future. Punitive damages may not be offered in all cases. A successful claim requires evidence that the defendant acted with a conscious disregard for the safety of others.

Liability

If you’re injured in a car accident the person or organization responsible for your injuries will be held accountable to pay you compensation. This includes compensation for medical costs or property damage, loss of income, and other damages that include pain and discomfort. In most cases, this will be the driver who caused the crash. However, it’s not unusual for both drivers to share some blame. Certain states have what are known as comparative negligence laws. jurors will determine each driver’s percentage of fault and adjust the damage amount accordingly.

It is essential to prove what happened to an insurance company or to a jury or judge. This is referred to as the burden of evidence. The plaintiff has the burden of proof. You must provide evidence to prove that the accident took place.

Another kind of case that could be brought is when a government entity is the one responsible for the accident. This can occur when a roadway has been poorly constructed or maintained and contributes to an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims as well. They could be held accountable for defects like brakes, tires, and mechanical failures.

At-fault driver citations

An officer can often determine the cause by analyzing the scene of the accident and interviewing witnesses. They might issue tickets if they believe that a driver has violated traffic laws. Insurance companies may also use police reports to determine fault.

It is natural for drivers to point fingers at one another after an accident. But, this can be detrimental. auto accident attorneys trenton could not only leave the other driver a negative impression and could lead to you admitting guilt in the court.

In the majority of car accidents there are two or more parties sharing a portion of blame. This is the reason that most states use modified comparative blame rules that allow the person who is claiming to recover damages that are less than their proportion of fault. A traffic citation may be used by an insurance adjuster to increase the percentage of claimant blame in an accident. This could reduce the potential payout for injuries.

The fact that someone is cited in a car accident could be evidence that they caused the accident. However, it’s not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case, other types of evidence could be required to demonstrate that the driver was negligent and caused injury to you. You will need witness testimony, evidence at the scene of the accident, and medical documents to prove 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 facts and opinions of the officers who were on the scene at the time of the crash. This is an important document for any claim for auto accidents. Insurance companies will review the report in order to determine the cause of the accident and to pay compensation to the parties who have been injured.

According to the jurisdiction, police reports are admissible in court or not. The main reason is because the police report contains statements by people who aren’t sworn witnesses in court. In order for these statements to be used in a legal context, they must fall under one of the exemptions to hearsay law.


A typical police report contains details regarding the driver, vehicles involved and the victims in the crash along with a description of what happened and any evidence that was found on the scene. Many police reports also contain the officer’s opinions about how the accident occurred and who is the most responsible for the incident.

Even if you’re not injured, it is still the best option to submit a police accident report even if the incident seems to be minor. There are many injuries that do not show up right away and having evidence can go a long way toward helping you win the compensation you’re entitled to for your medical expenses.