Twenty Myths About Auto Accident Attorney: Busted
Auto Accident Legal Matters
If you've suffered injuries in an auto accident, call an experienced attorney as soon as you can. Your attorney can explain your rights and help you get the compensation you deserve.
All drivers are accountable for adhering to traffic rules. They can be held accountable if they do not abide by this obligation and cause harm.
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In general there are two distinct kinds of damages that can result from an accident. The first, known as special damages, are characterized by a clear dollar value that is easy to determine. Special damages are medical bills or lost wages, as well as vehicle repairs. The second type of damages, referred to as non-economic damage, is more difficult to quantify. These include things like pain and suffering.
In order to be compensated for non-economic losses it is necessary to prove that your injuries were serious enough to warrant an award. This is a daunting task and the person who was injured must be represented by an attorney.
Loss of enjoyment of life is among the most frequently reported non-economic damages. In general, this is an amount of money that represents the reduced quality of life resulting as a result of the injury caused by an accident. Also, it includes the inability to participate in certain activities, such as driving that were once enjoyable.
In rare cases, victims may be capable of suing for punitive damages. This type of loss is intended to punish the defendant for a particularly egregious act, and serves to deter others from doing similar things in the future. The punitive damages might not be available in all instances. A successful claim will require evidence that the defendant acted with conscious disregard for the safety of others.
Liability
If you are injured in a car accident the person responsible for your injuries is liable to pay you. This includes compensation for medical costs and property damages, as well as lost income, and other damages, such as pain and discomfort. In most cases, the driver that caused a crash will be responsible. It is not uncommon for the two drivers to share blame. Some states have laws that are called comparative negligence. the jury determines the percentage of each driver and adjusts the damages awarded in accordance with the percentage.
It is essential that you can demonstrate what transpired to an insurance company, or to a judge and jury. This is referred to as the burden of proof. The burden falls on the person who makes the claim - the plaintiff and it requires you to present the evidence that demonstrates how your crash happened.
A government agency can also be held responsible for an accident. This can occur when a highway is poorly maintained or designed and causes an accident. These types of claims are also known as roadway defect cases. These kinds of claims could also be brought by manufacturers. They could be held accountable for the defects in brakes, tires and mechanical failure.
At-fault driver citations
In most cases, an officer is able to determine the cause of an accident by analyzing the crash scene and interviewing witnesses. If they believe a motorist has broken traffic laws, they could issue a ticket. Insurance companies may also rely on police reports to determine fault.
After an accident, it is normal for drivers to glare at each other. But, this can be detrimental. Apart from giving the other driver a bad impression, it could lead to an admission of guilt that can be used against you in court.
In most car accidents, there are two or more people who share a percentage of blame. The majority of states have modified comparative fault rules, which permit claimants to receive damages less their percentage of blame. An insurance adjuster can sometimes use a traffic citation to increase a claimant's percentage of fault in the accident, which could reduce their potential payout for their injuries.
The fact that someone is cited after a car accident can be a strong proof that they were the cause of the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case, other types of evidence may be needed to prove that the other driver was negligent and caused injury to you. You will need witness testimony, evidence from the scene of the accident, and medical records to prove your injuries.
Police reports
When law enforcement personnel attend the scene of a car accident they will complete an official police report. The reports will contain both facts and opinions that are compiled by officers on the scene at the time of the accident. 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.
According to the jurisdiction, police reports could or might not be considered admissible to court. The main reason is because the police report contains statements from people who aren't witnesses in court. These statements have to fall under an exception to the hearsay law in order to be used as evidence.
A typical report from a police officer contains details about the driver, the vehicles and the people involved in the crash and an account of the incident and any evidence that was found on the scene. A majority of police reports also include the officer's opinion on how the crash happened and who is to blame.
Even if you're not injured, it's in your best interests to submit a police accident report even if the incident seems to be minor. Documentation is important because there aren't all injuries visible immediately.