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Auto Accident Legal Matters
Get in touch with an experienced attorney as soon as possible in the event that you've been injured in a car crash. Your lawyer can help you know your rights and obtain the compensation you deserve.
Every driver is responsible to obey traffic laws. If they violate that duty and cause harm, they are liable.
Damages
In general there are two kinds of damages that may result from a car crash. The first, known as special damages, have a clear dollar amount that is easy to calculate. auto accident lawsuit everett can include medical bills loss of wages, vehicle repairs. The second kind of damage, referred to as non-economic damages, is more difficult to quantify. These include things like suffering and pain.
In order to receive compensation for non-economic losses, it is necessary to to show that the injuries suffered were serious enough to warrant such an award. This is a difficult task and the injured party should be represented by an attorney.
One of the most frequent types of non-economic damages is the loss of enjoyment of life. This is usually a monetary amount that is a reflection of a diminished quality of living due to injuries caused by accidents. This also involves the inability to take part in certain activities, like driving that were once enjoyable.
In a few cases victims could be in a position to sue for punitive damages. The purpose of this type of damage is intended to punish the defendant and discourage future acts which are as indecent. Damages for punitive purposes are not available in every case, and a successful case relies on the evidence that proves the defendant was acting with conscious disregard for the safety of others.
Liability
If you're injured in a car accident the person responsible for the injuries you sustained is responsible to compensate you. This includes compensation for medical expenses as well as property damage, lost income, and any other non-economic damage such as pain and discomfort. In the majority of cases, the driver who caused a accident will be the one responsible. It is not uncommon for the two drivers to share the blame. Some states have laws called comparative negligence. the jury determines the percentage of each driver and adjusts the amount of damage in proportion.
It is essential that you demonstrate what transpired to an insurance company, or to a judge and jury. The burden of evidence is what we refer to it. The burden is placed on the person who is making the claim - the plaintiff and it requires you to provide evidence of how your crash happened.
Another type of case that can be brought is when a government agency is accountable for the accident. This can occur when a roadway is poorly constructed or maintained and can cause an accident. These types of claims are also referred to as roadway defect cases. Sometimes, the manufacturers are responsible in these types of claims too. They could be held liable for defects such as brakes, tires and mechanical failure.
At-fault driver citations
Most of the time, police officers can determine who was the cause of an accident by analyzing the scene of the crash and speaking with witnesses. If they believe that a driver has broken traffic laws, they could issue a ticket. Insurance companies will take a look at police reports to determine who is at fault.
It is common for drivers to blame one another following an accident. This can be detrimental. It could not only leave the driver behind you a bad impression and could lead to you admitting guilt in court.
Most car accidents be caused by two or more people who share a certain amount of fault. This is why many states follow modified comparative fault rules that permit the claimant to claim damages less their share of blame. Insurance adjusters can apply a traffic citation to increase a claimant's percentage of fault in the accident, which could reduce their potential compensation for their injuries.
The fact that a person is mentioned in a car crash can be strong evidence that they caused the crash. It's not an assurance that a personal injury claim will be successful. Depending on the circumstances of your case you may need other types of evidence to prove an other driver was negligent and caused harm to you. You will need witness testimony, evidence at the scene of the accident, and medical documents to prove your injuries.
Police reports
When police officers arrive at a car accident site and are asked to fill out an official report. These reports contain both facts and opinions of the officers who were on the scene at the time of the accident. This is a vital document to be used in any auto accident claim. Insurance companies will also examine the report for fault and compensation.
Based on the jurisdiction, police reports could be considered admissible to court. The reason for this is that the police report contains statements by people who aren't witnesses in court. To be able to be considered as evidence in a legal proceeding, they must fall under one of the hearingsay exceptions under law.
A typical police report contains information about the car, driver, and victims involved in the crash, in addition to the details of the incident and any evidence that was found at the scene. The majority of police reports include the officer's opinions about how the accident occurred and who is most to blame.
Even if you're not injured, it is still beneficial to make a police report, even if the accident seems to be minor. Documentation is essential because there aren't all injuries visible right away.
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