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Auto Accident Legal Matters

If you are injured in an auto accident, call an experienced attorney as quickly as you can. auto accident attorney south gate can assist you learn about your rights and help you get the compensation you deserve.

All drivers are required to abide by traffic laws. If they fail to do so and cause harm, they are liable.

Damages

In general there are two types of damage that can result from a car crash. The first type of damages, known as special damages, has a dollar value that can be easily calculated. Examples of special damages include medical bills, lost wages, and vehicle repairs are examples for special damages. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain.

In order to be compensated for non-economic losses you must show that your injuries were severe enough to warrant this award. This is a challenging task and the injured person must be represented by an attorney.

One of the most prevalent kinds of non-economic damages is the loss of enjoyment in life. This is usually a monetary amount that represents a lower quality of living because of injuries resulting from accidents. This also includes the inability to participate in certain activities, like driving, which were once enjoyable.

In a few cases, victims can pursue punitive damages. This kind of damage is designed to punish the defendant for a particular sloppy act and helps deter others from doing similar things in the future. Punitive damages may not be available in all instances. A successful claim will require evidence that the defendant acted with conscious disregard for others’ safety.

Liability

If you are injured in an automobile accident, the person or entity responsible for the injuries you sustained will be responsible to compensate you. This will include money for medical expenses as well as property damage, loss of income and noneconomic damage like pain and suffering. In the majority of cases, the driver who caused the crash will be accountable. It is not unusual for two drivers to share the blame. Some states apply what’s known as comparative negligence laws. the jury will decide the respective percentage of blame for each driver and adjust the damage award in accordance with that percentage.

It is crucial to demonstrate to the satisfaction of an insurance company or a jury or judge what took place. This is referred to as the burden of proof. The burden is shifted to the party making the claim – the plaintiff and requires you to present proof of how the crash occurred.

A government entity can also be held responsible for an accident. This can occur when a highway is not maintained properly or designed and contributes to an accident. These claims are also called roadway defect cases. These kinds of claims can also be brought by manufacturers. They could be accountable for defects in cars such as tires, brakes and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine who caused the accident by looking at the scene of the crash and questioning witnesses. If they believe that a driver has violated traffic laws they can issue a citation. Insurance companies could also use police reports to determine the fault.

It is common for drivers to point fingers at each other following an accident. However, this could be harmful. This may not only give the driver in front of you a bad impression, but it could also cause you to admit guilt in the court.

Most car accidents involve two or more people who share a certain amount of responsibility. Many states have modified comparative-fault rules, which permit claimants to receive damages that are less than their percentage of blame. An insurance adjuster may apply a traffic citation to increase the percentage of blame for the accident which can reduce their payout for their injuries.


The fact that a person is mentioned in a vehicle crash can be strong evidence that they caused the accident. It is not an assurance that a personal injury claim will be successful. Depending on the situation other evidence may be needed to establish that the other driver was negligent and injured you. This could include witness testimony, evidence at the scene of the accident, and medical records of your injuries.

Police reports

When police officers arrive at a car accident site they complete an official report. These reports include both the facts and opinions noted by the officers on the scene when the incident occurred. This is a crucial document for any auto accident claim. Insurance companies also will review the report to determine the fault and amount of compensation.

Based on the jurisdiction of the police, reports could be considered admissible in court. The reason for this is that the police report contains statements made by individuals who are not sworn witnesses in court. These statements must fall under an exception to the law of hearsay in order to be used as evidence.

A typical police report includes information regarding the driver, the vehicles as well as the victims of the crash, as well as an account of the incident and any evidence found at the scene. A majority of police reports contain an officer’s view on the reason for the accident and who’s responsible for the incident.

If you’re not injured however, it is ideal to always complete a police investigation for any accident that you are involved in, even if it appears minor. Some injuries don’t show up right away and having a solid record can help in helping you win the compensation you’re entitled to for your medical expenses.