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Auto Accident Legal Matters
If you've been injured as a result of an auto accident, call an experienced attorney as soon as possible. Your attorney can explain your rights and help you get the compensation you deserve.
Every driver is required to observe traffic laws. They can be held accountable if they break this duty and cause harm.
Damages
In general, there are two different kinds of damages that can result from an accident. The first type of damages, known as special damages, comes with an amount that is easily determined. Things like medical bills or lost wages as well as repair work on vehicles are examples of special damages. The second type of damages, also known as non-economic damage is more difficult to quantify. They include things like suffering and pain.
In order to receive compensation for non-economic losses, you must be able establish that your injuries were severe enough to warrant this award. This is a difficult task, and the injured must be represented by an attorney.
One of the most frequent forms of non-economic damages is the loss of enjoyment life. This is usually a financial amount that indicates a decreased quality of living as a result accident-related injuries. auto accident law firm tustin can include the inability of the victim to perform activities that were once pleasurable, such as driving.
In rare cases victims might be in a position to sue for punitive damages. This kind of damages are designed to penalize the defendant for a particular sloppy act and helps deter others from similar acts in the future. Punitive damages may not be offered in all cases. A successful claim requires evidence that the defendant's actions were carried out with conscious disregard for others' safety.
Liability
If you're injured in an auto accident the person responsible for your injuries is liable to compensate you. This includes compensation for medical expenses as well as property damage, lost income, as well as non-economic damages such as discomfort and pain. In the majority of cases, it is the driver who was responsible for the crash. It is not unusual for two drivers to share blame. Some states have laws that are called comparative negligence. the jury determines the proportion of each driver's share and adjusts the damage award in proportion.
It is essential that you prove to the satisfaction of an insurance company or a judge and jury what occurred. This is referred to as the burden of proof. The burden falls on the party making the claim - the plaintiff - and requires you to present evidence of how your crash happened.
A government agency can be liable for an accident. This can occur when a roadway has been poorly constructed or maintained and contributes to an accident. These types of claims are also known as road defect cases. These types of claims can also be brought by manufacturers. They could be held accountable for defects such as brakes, tires, and mechanical failures.
At-fault driver citations
An officer will usually determine the cause of an incident by looking at the scene of the accident and interviewing witnesses. If they believe a motorist is in violation of traffic laws, they might issue a ticket. Insurance companies can also use police reports to determine the fault.
It is common for drivers to point fingers at each other after an accident. However, this can be harmful. In addition to giving the driver a bad impression, it could lead to an admission of guilt that can be used against you in court.
Most car accidents involve two or more individuals with varying degrees of fault. This is why most states have modified comparative fault rules that allow the person who is claiming to recover damages minus their percentage of fault. Insurance adjusters can apply a traffic citation to increase a claimant's percentage of fault in the accident, which could reduce their potential payout for their injuries.
The the fact that a person is cited after a car accident can be a strong proof that they were the cause of the crash. It's not any guarantee that a personal injury claim will be successful. Based on the circumstances of your case you may require other types of evidence to prove that the negligence of another driver caused harm to you. This includes witness testimony, evidence from the scene of the accident and medical records of your injuries.
Police reports
When police officers arrive at a car accident site, they fill out an official report. The reports contain both the facts and opinions taken note of by the officers who were on the scene at the time the accident took place. It is an essential document for any claim involving an auto accident. Insurance companies will also look over the report to determine fault and the amount of compensation.
Based on the jurisdiction, police reports may or may not be accepted in court. The police report may contain statements that aren't sworn in as witnesses. In order for these statements to be used in a legal case they must be covered by one of the hearingsay exceptions under law.
A typical police report contains details about the car, driver, and victims involved in the crash, as well as a description of the incident and any evidence found at the scene. A majority of police reports contain the officer's opinion about the reason for the crash and who's responsible for the incident.
If you're not injured it is in your best interest to always submit a police report after any incident you're involved in even if it appears to be minor. There are many injuries that do not show up immediately and having a thorough record can be a huge help in helping you get the compensation you deserve for medical expenses.
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