Auto Accident Legal Matters
Contact a seasoned attorney immediately when you've been injured in a car crash. Your attorney can help you learn about your rights and help you get the compensation you are entitled to.
All drivers are responsible for obeying traffic laws. They are liable if they break this duty and cause harm.
Damages
In general there are two kinds of damages that can result from an automobile accident. The first type, referred to as special damages, have a precise dollar value that is easy to determine. Special damages include medical bills, lost wages and repairs to vehicles. The second kind of damages, referred to as non-economic damages is more difficult to quantify. They include things like suffering and pain.
To be eligible for compensation for noneconomic losses you must demonstrate that your injuries were severe enough to warrant this award. This is an extremely difficult task, and the injured must be represented by an attorney.
The loss of enjoyment is one of the most frequent non-economic damages. It is typically a financial amount that represents a lower quality of living because of injuries resulting from accidents. This also is the inability to participate in certain activities, such as driving, that used to be enjoyable.
In rare cases victims may be able to pursue punitive damages. This type of loss is designed to punish the perpetrator for a particularly egregious act and to deter others from similar acts in the future. Punitive damages may not be offered in all cases. A successful claim will require evidence that the defendant acted with conscious disregard for the safety of others.
Liability
If you suffer injuries in an automobile accident and are injured, the person or company responsible for your injuries is liable to compensate you. This includes compensation for medical costs and property damages, as well as lost income, and other damages such as pain and discomfort. In the majority of cases, the person who caused a crash will be responsible. However, auto accident attorneys round rock 's not uncommon for the two drivers to share a portion of the blame. Certain states follow what's known as comparative negligence laws, where a jury will determine the proportion of fault for each driver and adjust the amount of damage according to that.
It is vital to demonstrate what transpired to an insurance company or to a jury or judge. This is known as the burden of proof. The plaintiff is the one who bears the burden of proving. You must provide evidence to prove that the incident happened.
Another kind of case that could be filed is when a government institution is the one responsible for the accident. It can happen when a roadway isn't properly constructed or maintained and causes an accident. These are also referred to as roadway defect cases. These types of claims may also be brought by manufacturers. They may be responsible for defects in cars such as tires, brakes and mechanical failure.
At-fault driver citations
Most of the time, police officers can determine who caused an accident by studying the crash scene and interviewing witnesses. If they believe a driver has violated traffic laws they could issue a ticket. Insurance companies may also rely on police reports to determine the fault.
It is normal for drivers to point fingers at each other after an accident. However, this can be harmful. In addition to giving the driver a negative impression it could lead to an admission of guilt, which could be used against you in court.
Most car accidents involve two or more individuals who share some degree of fault. A majority of states have modified comparative-fault rules that allow claimants to recover damages that are less than their share of blame. A traffic citation could be used by an insurance adjuster to increase the percentage of at fault in an accident. This could decrease the possibility of a payout for injuries.
The fact that someone is cited following a car crash could be a strong proof that they were the cause of the crash. It's not a guarantee that a personal-injury case will be successful. Depending on the situation other evidence could be required to show that the other driver was negligent and caused injury to you. Witness testimony, evidence at the scene of the accident, and medical records to show your injuries.
Police reports
When officers from the police arrive at a vehicle accident site they complete an official report. These reports include both the facts and opinions observed by the officers on the scene at the time the accident took place. This is a crucial document for any auto accident claim. Insurance companies will examine the report in order to help determine the fault and compensate the victims.
Based on the jurisdiction of the police, reports may or may not be considered admissible to court. The police report contains statements from individuals who haven't been sworn in as witnesses. For these statements to be considered as evidence in a legal matter, they must fall under one of the exceptions to hearsay law.
A typical report from a police officer contains details about the driver, vehicles and the victims involved in the accident and an account of what transpired and any evidence found on the scene. A majority of police reports contain the officer's opinion about the reason for the accident and who is at fault.
If you are not hurt it is the best option to always submit a police report after any incident you're involved in even if it appears minor. Documentation is important because not all injuries are obvious immediately.