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If you’ve been injured in a car accident, contact an experienced attorney as quickly as you can. Your attorney will explain your rights and assist you get the compensation that you are entitled to.
Every driver is responsible to obey traffic laws. If they violate that duty and cause harm, they are liable.
Damages
In general there are two distinct types of damages that may result from an automobile accident. The first type, referred to as special damages, have a specific dollar amount that is easy to determine. Special damages include medical bills as well as lost wages and vehicle repairs. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.
To receive compensation for noneconomic losses it is necessary to show that your injuries were serious enough to warrant such an award. This is an extremely difficult task, and the person who has suffered should be represented by an attorney.
One of the most popular kinds of non-economic damage is the loss of enjoyment in life. It is usually the amount of money reflected in the diminished quality of life that is experienced as a result of the injuries caused by accidents. This includes the inability for the victim to take part in activities that were once pleasurable like driving.
In a few cases victims may be capable of suing for punitive damages. This type of damage is designed to penalize the defendant for a particularly egregious act, and serves to deter other people from doing the same in the future. The punitive damages might not be available in all cases. A successful claim requires evidence that the defendant’s actions were carried out with conscious disregard for the safety of others.
Liability
When you are injured in a car accident and are injured, the person or company responsible for your injuries will be liable to pay you compensation. This includes reimbursement for medical expenses, property damages, lost income, and other damages such as discomfort and pain. In most cases, the person who caused the crash will be responsible. However, it’s not uncommon for both drivers to share a portion of the blame. Some states have laws that are known as comparative negligence, in which jurors determine the proportion of each driver’s share and adjusts the damage amount accordingly.
It is essential that you demonstrate to the satisfaction an insurance company or a judge and jury what occurred. This is referred to as the burden of evidence. The burden is placed on the person who is making the claim, namely the plaintiff and it demands that you provide evidence of how your crash occurred.
Another type of case that can be brought is when a government entity is accountable for the accident. This could be the case when a road is not properly maintained or designed and causes an accident. These are also referred to as roadway defect cases. These types of claims may also be brought by manufacturers. They could be held responsible for the defects in brakes, tires, and mechanical failure.
At-fault driver citations
Usually, a police officer can determine the cause of an accident by looking at the scene of the crash and questioning witnesses. If they suspect that a driver has broken traffic laws, they could issue a ticket. Insurance companies may also rely on police reports to determine fault.
It is natural for drivers to blame one another after an accident. This can be detrimental. This can not only give the driver behind you a bad impression however, it could also lead to you admitting guilt in court.
In most car accidents there are two or more parties who share some level of blame. Many states have modified comparative-fault rules, which allow claimants to recover damages less their proportion of fault. Insurance adjusters can apply a traffic citation to increase a claimant’s percentage of responsibility for the accident, which could limit their settlement for their injuries.
The fact that someone is mentioned after a car accident may be strong evidence that they caused the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case, you may require other types of evidence to prove that the other driver was negligent and caused you harm. You will need witness testimony, evidence from the accident scene and medical records to prove your injuries.
Police reports
When police officers arrive at a vehicle accident site and are asked to fill out an official report. The reports contain both the information and opinions recorded by the officers at the scene at the time the incident occurred. This report is essential to be used in any auto accident lawsuits accident claim. Insurance companies will also examine the report to determine fault and the amount of compensation.
According to the jurisdiction, police reports can or may not be considered admissible in court. The main reason is that the police report includes statements made by people who aren’t sworn witnesses in court. These statements must fall under an exception to the law of hearsay to be admissible as evidence.
A typical police report will include information about the driver, vehicles and the victims involved in the crash and an account of the incident and any evidence that was found on the scene. Many police reports include the officer’s opinion about the reason for the crash and who’s to blame.
If you are not hurt, it is ideal to always make a police report of any accident you’re involved in, even if it appears to be minor. It is crucial to document the incident because there aren’t all injuries evident immediately.
