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Auto Accident Legal Matters
Contact an experienced attorney immediately if you have been injured in a car accident. Your lawyer can explain your rights and assist you receive the compensation you are entitled to.
All drivers have a duty to observe traffic laws. If they violate that duty and cause harm, they are held accountable.
Damages
Generally speaking there are two types of damages that could result from a car accident. The first kind of damage known as special damages, has a value in dollars that is easily determined. Special damages include medical bills, lost wages and repairs to vehicles. The second type of damage that are referred to as non-economic damages, is more difficult to quantify. They include things like suffering and pain.
In order to be compensated for non-economic losses you must prove that your injuries were severe enough to warrant this award. This is a challenging task and the person who was injured should be represented by a lawyer.
One of the most prevalent forms of non-economic damages is the loss of enjoyment in life. It is usually a monetary sum that reflects the reduced quality of life that is experienced because of injuries resulting from accidents. Also, it is the inability to participate in certain activities, such as driving, which were once enjoyable.
In a few cases victims may pursue punitive damages. This type of loss is designed to penalize the defendant for an egregious violation and helps deter other people from doing the same in the future. Damages for punitive purposes are not available in all cases, and a successful claim depends on the evidence that proves the defendant acted with a conscious disregard for other people's safety.
Liability
If you are injured in an accident involving a vehicle the person who caused your injuries is accountable to compensate you. This includes money for your medical expenses or property damage, as well as loss of income, as well as other damages like pain and suffering. In most cases, the person who caused the crash will be accountable. However, it is not unusual for two drivers to share some blame. Some states follow what is known as comparative negligence laws. a jury will determine the proportion of fault for each driver and adjust the damage amount according to that.
It is crucial that you can prove what happened to an insurance company, or to a judge and jury. This is referred to as the burden of proof. The burden is shifted to the person who makes the claim, which is the plaintiff and requires you to show the evidence that demonstrates how your crash occurred.
Another kind of case that may be filed is when a government institution 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 known as road defect cases. These types of claims may also be brought by manufacturers. They may be liable for car defects such as brakes, tires and mechanical failure.
At-fault driver citations
An officer can often determine the cause by analyzing the scene and interviewing witnesses. If they believe a driver has violated traffic laws they might issue a ticket. Insurance companies also review police reports to help them identify the source of the fault.
It is natural for drivers to blame one another after an accident. However, this could be detrimental. This could not only give the other driver a bad impression but could also cause you to admit guilt in the court.
Most car accidents can involve two or more individuals who share a portion of fault. The majority of states have modified comparative fault rules that permit claimants to receive damages that are less than their share of fault. An insurance adjuster might utilize a traffic ticket to increase the percentage of responsibility for the accident, which could limit their payment for injuries.
The incident that someone is cited in the aftermath of a car accident could be powerful evidence that they were the cause of the crash. However, it's not an assurance of the outcome of a personal injury lawsuit. Based on your particular case other evidence may be required to show that the other driver was negligent and injured you. auto accident law firm longview , evidence at the scene of the accident and medical documents to prove your injuries.
Police reports
If law enforcement officers are at an accident scene they will fill out an official police report. The reports contain both the information and opinions taken note of by the officers who were on the scene when the incident occurred. This report is essential for any auto accident claims. Insurance companies will examine the report as well to help determine fault and compensation for the injured parties.
Based on the jurisdiction of the police, reports could or might not be considered admissible in court. The main reason is because the police report contains statements made by individuals who are not sworn witnesses in court. These statements must fall within an exception to the hearsay law to be admissible as evidence.
A typical police report contains details about the car, driver, and victims involved in the crash, in addition to an account of the accident and any evidence discovered at the scene. A majority of police reports contain an officer's opinion on the cause of the accident and who's responsible for the incident.
Even if there is no indication that you are injured, it is still recommended to submit a police accident report, even if the accident appears to be minor. Some injuries don't show up right away and having evidence can make a big difference in helping you get the amount you are due for your medical expenses.