Write About Everything

Auto Accident Legal Matters

If you’ve suffered injuries in a car accident, contact an experienced attorney as soon as you can. An attorney can assist you know your rights and obtain the compensation that you are entitled to.

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

Damages

In general, there are two different types of damages that may result from an accident. The first, known as special damages, have a clear dollar amount that is easy to determine. Special damages can include medical bills as well as lost wages and repairs to vehicles. The second type, which is referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.

In order to be eligible for compensation for non-economic losses it is necessary to be able to prove that the injuries suffered were severe enough to merit the amount. This is a challenging task, and the injured party must be represented by an attorney.

One of the most common kinds of non-economic damages is the loss of enjoyment life. It is usually an amount in dollars that represents the diminished quality of life that is experienced because of accident-related injuries. This also involves the inability to take part in certain activities, such as driving, that were once enjoyable.

In some cases victims may be able to pursue punitive damages. These damages are designed to punish the defendant and deter future acts which are as indecent. Damages for punitive purposes are not available in every case, and a successful claim relies on the evidence that proves the defendant acted with conscious disregard for the safety of others.

Liability

When you are injured in a car accident the person or organization responsible for your injuries will be liable to pay you compensation. This will include money for medical expenses or property damage, as well as loss of income, as well as other damages like suffering and pain. In auto accident law firm st george of cases, the person who caused a accident will be responsible. It is not uncommon for two drivers to share responsibility. Some states have laws that are called comparative negligence, where jurors determine the percentage of each driver and adjusts the damage amount in proportion.


It is crucial that you prove what happened to an insurance company, or to a judge and jury. The burden of evidence is what we call it. The plaintiff bears the burden of proof. You must prove to prove that the accident took place.

Another type of case that can be filed is when a government agency is accountable for the accident. This could be the case when a road is not maintained or constructed properly which can lead to an accident. These claims are also called road defect cases. Sometimes, the manufacturers are responsible in these kinds of claims as well. They could be held accountable for the defects in cars, such as brakes, tires and mechanical failure.

At-fault driver citations

In most cases, an officer is able to determine the cause of an accident by looking at the scene of the crash and speaking with witnesses. If they suspect that a driver is in violation of traffic laws, they might issue a ticket. Insurance companies also review police reports to determine the cause of the incident.

Following an accident, it is normal for drivers to glare at each other. This can be detrimental. While giving the other driver a bad impression, it could lead to an admission of guilt, which could be used against you in court.

In most car accidents there are usually two or more people who share a percentage of blame. This is why many states use modified comparative blame rules that allow the person who is claiming to recover damages that are less than their share of blame. An insurance adjuster can sometimes use a traffic citation to increase a claimant’s percentage blame for the accident which could reduce their potential payout for their injuries.

The incident that someone is cited in the aftermath of a car accident could be powerful evidence that they caused the crash. It is not an assurance that a personal-injury case will be successful. Based on the circumstances of your case you may need other types of evidence to prove an other driver was negligent and caused harm to you. This includes witnesses’ testimony, evidence from the scene of the accident, and medical records regarding 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 noted by the officers present at the time of the collision. This is a crucial document for any claim for auto accidents. Insurance companies will also examine the report for fault and compensation.

Depending on the location, police reports are acceptable or not admissible in court. The main reason for this is that the police report contains statements made by individuals who are not sworn witnesses in court. To be able to be used in a legal matter they must be covered by one of the hearingsay exceptions under law.

A typical police report will include details about the driver, the vehicles and the people involved in the accident, as well as a description of what happened and any evidence found at the scene. Many police reports include an officer’s view on the reason for the accident, and who is to blame.

Even if there is no indication that you are injured, it’s recommended to file a police accident report, even if the accident appears to be minor. There are many injuries that do not show up immediately and having evidence can help in helping you claim the amount you are due for your medical expenses.