Auto Accident Legal Matters
If you've been injured in an automobile accident, consult an experienced attorney as soon as possible. Your attorney will explain your rights and help you get the compensation you need.
All drivers have a duty to follow traffic laws. They are accountable if they breach this duty and cause harm.
Damages
In general there are two distinct types of damages that can result from an automobile accident. The first, referred to as special damages, have a clear dollar value that is easy to determine. Special damages include medical bills as well as lost wages and repairs to vehicles. The second type of damage, referred to as non-economic damages, are more difficult to quantify. These include things such as suffering and pain.
To receive compensation for non-economic losses, it is essential to be able to demonstrate that the injuries suffered were severe enough to merit the award. This is an extremely difficult task and the injured person should be represented by an attorney.
One of the most common kinds of non-economic damages is the loss of enjoyment in life. Generally, this entails an amount in dollars that represents the reduced quality of life experienced because of accident-related injuries. This also includes the inability to participate in certain activities, such as driving that were once enjoyable.
In rare instances, victims can claim punitive damages. This type of damage is designed to penalize the defendant for a particularly egregious act and helps deter other people from doing the same in the future. The possibility of punitive damages is not available in every case, and a successful case relies on the strength of evidence that proves the defendant acted with conscious disregard for other people's safety.
Liability
When you are injured in an accident in a car, the person or entity responsible for your injuries is liable to compensate you. This includes money for medical expenses as well as property damage, loss of income and noneconomic damages like pain and suffering. In most cases, this will be the driver who was responsible for the crash. However, it's not unusual for both drivers to share some blame. Certain states have what are known as comparative negligence laws. the jury will decide the respective percentage of blame for each driver and adjust the damage amount in accordance with that percentage.
It is essential that you demonstrate what transpired to an insurance company, or to a jury or judge. The burden of evidence is what we refer to it. The plaintiff is the one who bears the burden of proving. You have to provide evidence to prove that the incident occurred.
Another type of case that can be brought is when a government agency is at fault for the accident. This can occur when a highway is not maintained or constructed properly which can lead to an accident. auto accident attorneys warwick of claims are also known as road defect cases. These types of claims can also be brought by manufacturers. They could be held liable for defects, such as brakes, tires, and mechanical failures.
At-fault driver citations
A police officer is often able to determine who caused an incident by analyzing the scene of the accident and interviewing witnesses. They can issue an order if they believe that a driver has violated traffic laws. Insurance companies may also rely on police reports to determine the fault.
It is natural for drivers to blame one another after an accident. This can be detrimental. It could not only leave the driver in front of you a bad impression however, it could also result in you committing a crime in the court.
The majority of car accidents involve two or more individuals with varying degrees of responsibility. This is the reason why most states use modified comparative blame rules that allow the person who is claiming to seek compensation for damages minus their percentage of fault. An insurance adjuster may utilize a traffic ticket to increase a claimant's percentage fault in the accident, which could reduce their potential payment for injuries.
The fact that a person is mentioned in a car accident could be evidence that they are responsible for the crash. It's not a guarantee that a personal injury case will be successful. Depending on the circumstances of your case you may require other forms of proof to prove that another driver was negligent and caused harm to you. You will need witness testimony, evidence from the accident scene and medical documents to prove your injuries.
Police reports
When police officers arrive at a car crash site they will fill out an official report. The reports will contain both facts and opinions taken note of by the officers who were on the scene at the time the accident took place. This is a crucial document to be included in any claim for auto accidents. Insurance companies will also examine the report to determine the fault and amount of compensation.
According to the jurisdiction, police reports may or may not be considered admissible in court. The reason for this is that the police report contains statements made by people who are not sworn witnesses in court. These statements must fall within an exception to the law of hearsay to be used as evidence.
A typical report from a police officer includes information about the car, driver and the victims who were involved in the crash, in addition to an account of the accident and any evidence that was discovered at the scene. Many police reports include an officer's view on the reason for the accident, and who is responsible for the incident.
Even if you don't feel injured, it is still in your best interests to submit a police accident report even if the incident seems to be minor. Documentation is essential because not all injuries are visible immediately.