Auto Accident Attorney: A Simple Definition
Auto Accident Legal Matters
If you've been injured in an accident in the car, you should contact an experienced attorney as soon as possible. Your attorney can explain your rights and help you receive the compensation you need.
Every driver is responsible for obeying traffic laws. They are liable if they breach this duty and cause harm.
Damages
In general there are two types of damages that can result from an auto accident. The first, referred to as special damages, have a precise dollar amount that is easy to calculate. Things like medical bills, lost wages, and vehicle repair are examples of special damages. The second type, referred to as non-economic damages, are more difficult to quantify. These include things such as suffering and pain.
In order to be eligible for compensation for non-economic losses it is necessary to be able to prove that the injuries sustained were serious enough to warrant the award. This is a daunting task and the injured person should be represented by an attorney.
Loss of enjoyment of life is one of the most commonly reported non-economic losses. It's usually a financial amount that indicates a decreased quality of living as a result accident-related injuries. This could include the inability of the victim to perform activities that were once enjoyable like driving.
In a few cases victims might be allowed to sue for punitive damage. This type of damages is intended to punish the defendant and deter future acts that are just as bad. Punitive damages may not be available in all cases, and a successful claim depends on strong evidence showing that the defendant acted with conscious disregard for the safety of others.
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If you are injured in an automobile accident the person responsible for your injuries is accountable to pay you. This includes reimbursement for medical expenses or property damage, loss of income, and other damages, such as discomfort and pain. In most cases, this is the driver who caused the accident. It is not unusual for two drivers to share responsibility. Some states have laws known as comparative negligence, in which jurors determine the percentage of each driver and adjusts the damages awarded accordingly.
It is essential that you can prove what happened to an insurance company or to a judge and jury. The burden of evidence is what we call it. The burden falls on the person making the claim - the plaintiff and requires you to present proof of how the crash happened.
A government institution can also be held responsible for an accident. It can happen when a roadway isn't properly designed or maintained and this results in an accident. These claims are also called road defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims as well. They could be accountable for defects in cars such as brakes, tires and mechanical failure.
At-fault driver citations
Usually, a police officer can determine who was the cause of an accident by analyzing the crash scene and interviewing witnesses. They may write an order if they believe a driver violated traffic laws. Insurance companies may also look at police reports to determine the cause of the incident.
Following an accident, it's normal for drivers to point fingers at each one another. This can be harmful. This can not only give the driver in front of you a bad impression and could lead to you admitting guilt in the court.
In the majority of car accidents there are usually two or more people who share a percentage of responsibility. Most states have modified comparative-fault rules that permit claimants to receive damages less their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage of claimant responsible for an accident. This could reduce the potential payout for injuries.
The fact that someone is cited in the aftermath of a car accident could be a strong proof that they caused the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Depending on the circumstances of your case, you may require additional types of proof to prove that the negligence of another driver caused you harm. Witness testimony, evidence at the accident scene and medical records to show your injuries.
Police reports
When police officers arrive at a car accident site and are asked to fill out an official report. The reports contain both the details and opinions recorded by the officers at the scene at the time the incident occurred. This is a crucial document for any auto accident claim. Insurance companies will also review the report to determine the fault and amount of compensation.
Depending on the location, police reports are acceptable or not admissible in court. The main reason is that the police report contains statements made by people who aren't witnesses in court. These statements must be included in an exception to the hearsay law to be used as evidence.
A typical police report includes information about the driver, vehicles, and victims involved in the crash, in addition to a description of the incident and any evidence that was found at the scene. Many police reports also contain officers' opinions on the circumstances of the crash and who is most to blame.
If you are not hurt but you are not injured, it is the best option to always submit a police report after any accident that you are involved in even if the incident appears to be minor. Documentation is important because there aren't all injuries visible immediately.