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Auto Accident Legal Matters
Get in touch with an experienced attorney as soon as possible if you have been injured in a car crash. Your attorney can help you know your rights and obtain the compensation you deserve.
All drivers have a duty to observe traffic laws. They can be held accountable if they break this duty and cause harm.
Damages
In general there are two types of damages that may result from an automobile accident. The first type of damages called special damages, has an amount that is easily calculated. Items like medical bills loss of wages, repairs to vehicles are examples of special damages. The second type, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain.
To be able to claim compensation for non-economic losses, it is necessary to be able to prove that the injuries suffered were severe enough to merit the compensation. This is a challenging task, and the injured must be represented by an attorney.
One of the most common kinds of non-economic damage is the loss of enjoyment in life. Generally, this entails an amount in dollars that represents the diminished quality of life because of injuries resulting from accidents. This includes the inability of the victim to engage in activities that were once pleasurable like driving.
In rare instances, victims can claim punitive damages. The purpose of this type of damage is designed to punish the defendant and deter future acts that are equally egregious. The possibility of punitive damages is not available in every case, and a successful claim depends on evidence that shows the defendant acted with a conscious disregard for other people's safety.
Liability
If you are injured in an automobile accident the person or organization responsible for the injuries you sustained will be responsible to compensate you. This includes reimbursement for medical expenses as well as property damage, lost income, and other damages that include pain and discomfort. In most instances, the driver who caused the accident will be the one responsible. It is not uncommon for the two drivers to share the blame. Certain states have laws called comparative negligence. In these cases, the jury determines the percentage of each driver and adjusts the damage award accordingly.
It is important that you demonstrate to the satisfaction of an insurance company or judge and jury what occurred. The burden of proof is what we call it. The burden falls on the person who makes the claim, which is the plaintiff and requires you to present the evidence that demonstrates how your accident happened.
A government entity could be liable for an accident. This could happen when a roadway isn't properly designed or maintained and this can cause an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are at fault in these claims too. They could be held accountable for the defects in cars, like brakes, tires and mechanical failure.
At-fault driver citations
An officer can often determine the cause of an incident by analyzing the scene of the accident and interviewing witnesses. If they believe a driver has violated traffic laws they could issue a ticket. Insurance companies also examine police reports to help them determine who is at fault.
After an accident, it is normal for drivers to stare at each one another. But, this can be harmful. This could not only give the other driver a bad impression, but it could also lead to you admitting guilt in court.
Most car accidents can be caused by two or more people with varying degrees of blame. This is why many states follow modified comparative fault rules that allow the victim to recover damages minus their share of blame. An insurance adjuster can sometimes use a traffic citation to increase a claimant's percentage responsibility for the accident, which may reduce their payment for injuries.
The fact that someone is cited in a car crash could be a strong proof that they were the cause of the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Based on your particular case the other evidence could be required to prove that the other driver was negligent and injured you. This could include witnesses' testimony, evidence from the scene of the accident, and medical records detailing your injuries.
Police reports
When law enforcement officers attend a car accident scene they will fill out an official police report. These reports contain both the facts and opinions gathered by officers who are on scene at the time of the collision. This report is essential for any claim involving an auto accident. Insurance companies will review the report to determine fault and the amount of compensation for injured parties.
Based on the jurisdiction of the police, reports can or may not be admissible in court. auto accident lawyer bend for this is that the police report contains statements made by people who aren't sworn witnesses in court. To be able to be used in a legal proceeding they must be covered by one of the exceptions to hearsay law.
A typical police report contains details regarding the driver, vehicles and victims involved in the accident as well as an account of the incident and any evidence found at the scene. A majority of police reports also include the officer's views on how the crash happened and who is the most to blame.
Even if there is no indication that you are injured, it's in your best interests to make a police report, even if the accident seems to be minor. There are many injuries that do not show up in a hurry and having evidence can be a huge help in helping you get the compensation you deserve for medical expenses.