Auto Accident Legal Matters
If you've suffered injuries in a car accident, contact an experienced attorney as quickly as you can. An attorney can explain your rights and assist you get the compensation that you deserve.
All drivers are accountable to obey traffic laws. If they fail to do so and cause harm, they are accountable.
Damages
In general there are two distinct types of damages that can result from an accident. The first, called special damages, have a specific dollar value that is easy to calculate. Items like medical bills as well as lost wages and vehicle repair are examples of special damages. The second kind of damages, referred to as non-economic damages is more difficult to quantify. These include things like pain and suffering.
To be eligible for compensation for noneconomic losses you must show that your injuries were severe enough to warrant this award. This is a challenging task and the person who was injured must be represented by a lawyer.
One of the most prevalent kinds of non-economic damages is the loss of enjoyment in life. This is usually a financial amount that reflects a reduced quality of living as a result accident-related injuries. This could include the inability of the victim to take part in activities that were once pleasurable, such as driving.
In a few cases victims could be capable of suing for punitive damage. This kind of damage is designed to punish the perpetrator for a particular sloppy act, and serves to deter others from repeating the same actions in the future. The punitive damages might not be available in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for the safety of others.
Liability
If you're injured in an automobile accident, the person or entity responsible for your injuries is liable to compensate you. This includes compensation for medical expenses as well as property damage, lost income, and any other non-economic damage like pain and discomfort. In most cases, the person who caused the accident will be the one responsible. However, it is not uncommon for both drivers to share some responsibility. Some states apply what's known as comparative negligence laws. jurors determine the proportion of fault for each driver and adjust the amount of damage in proportion.
It is important that you demonstrate to the satisfaction an insurance company or a jury or judge what took place. This is referred to as the burden of proof. The burden is shifted to the person making the claim, namely the plaintiff and it demands that you provide proof of how the accident happened.
Another kind of case that can be brought is when a government entity is the one responsible for the accident. It can happen when a road is not properly constructed or maintained and results in an accident. These are also referred to as roadway defect cases. These types of claims may also be brought by manufacturers. They may be held accountable for defects such as brakes, tires, and mechanical failures.
At-fault driver citations
Usually, a police officer can determine who caused the accident by looking at the scene of the accident and interviewing witnesses. They may write an order if they believe the driver was in violation of traffic laws. Insurance companies also look at police reports to help them identify the source of the fault.
It is natural for drivers to blame one another after an accident. But, this can be detrimental. It could not only leave the other driver a negative impression, but it could also cause you to admit guilt in court.
In the majority of car accidents, there are at least two parties that share a certain amount of responsibility. This is why most states use modified comparative blame rules that allow the person who is claiming to seek compensation for damages minus their portion of the fault. An insurance adjuster can sometimes utilize a traffic ticket to increase a claimant's percentage of fault in the accident, which may reduce their payment for injuries.
The fact that someone is cited in the aftermath of a car accident could be strong evidence that they were the cause of the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case, you may need other types of evidence to show that the other driver was negligent and caused you harm. You will need witness testimony, evidence at the scene of the accident, and medical records to prove your injuries.
auto accident attorneys new bedford reports
When law enforcement personnel attend a car accident scene they fill out an official police report. The reports will contain both facts and opinions noted by the officers on the scene at the time of the crash. It is an essential document for any claim involving an auto accident. Insurance companies will scrutinize the report in order to determine the cause of the accident and to pay compensation to the parties who have been injured.
In accordance with the region, police report are admissible in court or not. The main reason for this is that the police report contains statements by people who are not sworn witnesses in court. These statements have to fall under an exception to the hearsay law in order to be used as evidence.
A typical police report will include information about the driver, vehicles and the victims who were involved in the crash, along with the details of the incident and any evidence that was discovered at the scene. Many police reports also contain the officer's opinions about how the accident occurred and who is most responsible for the incident.
If you're not injured, it is the best option to always file a police report for any accident that you are involved in, even if it appears to be a minor. There are many injuries that do not show up in a hurry and having evidence can go a long way toward helping you win the compensation you deserve for your medical expenses.