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Auto Accident Legal Matters
If you are injured in a car accident, contact an experienced attorney as soon as you can. Your attorney will explain your rights and help you get the compensation you are entitled to.
All drivers are required to obey traffic laws. They are accountable if they breach this duty and cause harm.
Damages
In general, there are two different types of damages that can result from an auto accident. The first type of damage known as special damages, comes with a value in dollars that can be easily calculated. Things like medical expenses, lost wages, and vehicle repair are examples of special damages. The second type, which is referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.
To be eligible for compensation for noneconomic losses you must prove that your injuries were serious enough to warrant such an award. This is an extremely difficult task, and the person who has suffered must be represented by an attorney.
One of the most prevalent kinds of non-economic damages is the loss of enjoyment life. In general, this is an amount in dollars that represents the reduced quality of life resulting as a result of the accident-related injuries. It also includes the inability to participate in certain activities, like driving, which were once enjoyable.
In some cases victims might be allowed to sue for punitive damages. This type of damage is designed to punish the perpetrator for an egregious violation, and serves to deter other people from doing the same in the future. Punitive damages are not available in all instances. A successful claim requires evidence that the defendant's actions were carried out with conscious disregard for the safety of others.
Liability
When you are injured in an accident in a car, the person or entity responsible for the injuries you sustained will be responsible to pay you compensation. This includes compensation for medical costs as well as property damage, lost income, and non-economic damages such as discomfort and pain. In the majority of cases, it will be the driver who was responsible for the crash. However, it is not unusual for both drivers to share some responsibility. Certain states have what are known as comparative negligence laws. the jury will decide the percentage of fault each driver is responsible for and adjust the damage amount in proportion.
It is essential to prove to the satisfaction of an insurance company or a jury or judge what took place. This is referred to as the burden of evidence. The plaintiff has the burden of proof. You must present evidence to prove that the incident took place.
Another type of situation that can be brought is when a government agency is responsible for the accident. This can occur when a roadway is poorly constructed or maintained and causes an accident. These are also referred to as roadway defect cases. Sometimes, the manufacturers are at fault in these kinds of claims too. They may be liable for defects in cars such as brakes, tires and mechanical failure.
At-fault driver citations
An officer will often be able to determine the cause by analyzing 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 fault.
After an accident, it's normal for drivers to point at each one another. However, this could be harmful. While giving the other driver a negative impression, it could result in an admission of guilt that can be used against you in court.
In most car accidents there are at least two parties who share some level of responsibility. Many states have modified comparative-fault rules that permit claimants to receive damages that are less than their share of blame. A traffic ticket can be used by an insurance adjuster to increase the percentage of claimant blame in an accident. This could decrease the chance of recovering compensation for injuries.
The fact that someone is mentioned in a vehicle accident could be evidence that they were responsible for the accident. However, it is not a guarantee of the outcome of an injury lawsuit. Based on auto accident attorney miramar of your case you may need other types of evidence to prove that the other driver was negligent and caused you harm. This includes witnesses' testimony, evidence from the site of the accident, as well as medical records detailing your injuries.
Police reports
When officers from the police arrive at a vehicle accident site they will fill out an official report. These reports include both information and opinions observed by the officers on the scene at the time the accident occurred. This is a vital document for any auto accident claims. Insurance companies will also look over the report to determine fault and the amount of compensation.
Based on the jurisdiction, police reports could or might not be considered admissible to court. The police report contains statements from individuals who haven't been officially sworn in as witnesses. To be able to be used in a legal proceeding they must fall within one of the exceptions to hearsay law.
A typical police report will include information about the driver, vehicles and the people involved in the accident as well as a description of what happened and any evidence found at the scene. Many police reports also contain the officer's views on how the crash happened and who is to blame for it.
If you're not injured however, it is the best option to always make a police report of any accident that you are involved in, even if it appears to be minor. Not all injuries are apparent immediately and having a thorough record can be a huge help in helping you win the amount you are due for your medical expenses.
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