This Is The Auto Accident Attorney Case Study You'll Never Forget
Auto Accident Legal Matters
Contact an experienced attorney right away If you've suffered injuries in a car accident. Your lawyer can explain your rights and assist you get the compensation that you deserve.
All drivers are obliged to follow traffic laws. If they do not comply with this duty and cause harm, they are liable.
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In general there are two types of damages that may result from an automobile accident. The first, referred to as special damages, have a specific dollar value that is easy to calculate. Special damages are medical bills or lost wages, as well as vehicle repairs. The second type of damage, referred to as non-economic damages, are more difficult to quantify. These include things such as pain and suffering.
To be able to claim compensation for non-economic losses it is necessary to be able to show that the injuries suffered were serious enough to warrant the award. This is a difficult task and the person who was injured must be represented by an attorney.
One of the most prevalent types of non-economic damages is the loss of enjoyment life. Generally, this entails an amount of money that represents the reduced quality of life resulting as a result of accident-related injuries. This includes the inability for the victim to engage in activities that were once pleasurable like driving.
In rare instances victims may be able to claim punitive damages. This type of damages is intended to punish the defendant and discourage any further actions that are as egregious. The punitive damages might not be available in all circumstances. A successful claim will require evidence that the defendant's actions were carried out with conscious disregard for others' safety.
Liability
If you are injured in an accident involving a vehicle, the person responsible for your injuries is liable to pay you. This will include money for medical expenses or property damage, as well as loss of income, and other non-economic damage like pain and suffering. In most cases, this will be the driver that caused the crash. However, it's not uncommon for both drivers to share a portion of the blame. Some states follow what is known as comparative negligence laws, where jurors will determine the proportion of fault for each driver and adjust the damages awarded in accordance with that percentage.
It is crucial that you prove what happened to an insurance company or to a jury or judge. This is referred to as the burden of proof. The burden falls on the person who makes the claim, namely the plaintiff and requires you to provide the evidence that demonstrates how your accident happened.
Another kind of case that could be filed is when a government institution is responsible for the accident. This can occur when a roadway has been poorly constructed or maintained, and this causes an accident. These are also referred to as roadway defect cases. These types of claims can also be brought by manufacturers. They could be held accountable for defects, such as brakes, tires, and mechanical failure.
At-fault driver citations
An officer will often be able to determine the cause by analyzing the accident scene and interviewing witnesses. If they believe that a driver has violated traffic laws, they can issue a citation. Insurance companies also examine police reports to determine fault.
It is normal for drivers to point fingers at each other after an accident. However, this could be harmful. This could not only give the driver in front of you a bad impression, but it could also cause you to admit guilt in the court.
In the majority of car accidents there are usually two or more people who share a percentage of fault. This is the reason why most states have modified comparative fault rules that allow the claimant to claim damages less their share of blame. An insurance adjuster may utilize a traffic ticket to increase a claimant's percentage blame in an accident, which could reduce their potential payout for their injuries.
The fact that a person is cited in a car crash could be a strong proof that they caused the crash. It's not an assurance that a personal injury lawsuit will be successful. Based on your particular case additional evidence may be required to prove that the other driver was negligent and caused injury to you. This includes witnesses' testimony, evidence from the scene of the accident and medical records of your injuries.
Police reports
When police officers arrive at a car accident site and are asked to fill out an official report. The reports include both information and opinions that are compiled by officers who were on the scene at the time of the collision. This is an important document for any claim for auto accidents. Insurance companies will also examine the report to determine fault and the amount of compensation.
Based on the location, police reports are admissible or not. The police report contains testimony from individuals who haven't been legally sworn as witnesses. These statements must fall within an exception to the law of hearsay to be admissible as evidence.
A typical police report will include information regarding the driver, the vehicles, and victims involved in the crash, along with a description of the incident and any evidence that was discovered at the scene. Many police reports include an officer's opinion on the cause of the accident and who is responsible for the incident.
If you are not hurt but you are not injured, it is the best option to always file a police report for any incident you're involved in, even if it appears to be minor. Documentation is important because not all injuries are visible immediately.