Auto Accident Legal Matters
If you are injured in an accident in the car, you should contact an experienced attorney as soon as you can. An attorney can explain your rights and help to get the compensation you deserve.
All drivers are responsible to obey traffic laws. If they violate that duty and cause harm, they are liable.
Damages
Generally speaking there are two kinds of damage that can result from a car accident. The first type, referred to as special damages, are characterized by a clear dollar value that is easy to determine. Items like medical bills as well as lost wages and vehicle repairs are examples for special damages. The second kind of damage which is referred to as non-economic damage is more difficult to quantify. They include things like suffering and pain.
In order to be eligible for compensation for losses that are not economic, it is necessary to be able to demonstrate that the injuries suffered were serious enough to warrant the award. This is a difficult task and the injured party should be represented by a lawyer.
Loss of enjoyment is one of the most frequently reported non-economic damages. In general, this is the amount of money reflected in the reduced quality of life resulting due to injuries resulting from accidents. Also, it is the inability to participate in certain activities, like driving, which were once enjoyable.
In rare cases victims can seek punitive damages. This type of damages is intended to punish the defendant and deter any future actions that are just as bad. The possibility of punitive damages is not available in all cases and a successful claim depends on evidence that shows the defendant acted with conscious disregard for other people's safety.
Liability
When you are injured in an accident in a car the person or organization responsible for your injuries will be liable to pay you compensation. This includes money for your medical expenses or property damage, as well as loss of income, and other non-economic injuries like suffering and pain. In the majority of cases, it is the driver who caused the accident. It is not uncommon for the two drivers to share blame. Certain states have what are called comparative negligence laws. In these, jurors will determine the percentage of fault each driver is responsible for and adjust the damage award in accordance with that percentage.
It is vital to demonstrate what transpired to an insurance company, or to a jury or judge. The burden of evidence is what we refer to it. The burden is placed on the person who makes the claim - the plaintiff and requires you to present evidence of how your accident happened.
A government entity could be liable for an accident. This could occur when a highway is poorly maintained or designed which can lead to an accident. These types of claims are also known as roadway defect cases. These types of claims can also be brought by manufacturers. They could be accountable for defects in cars such as tires, brakes and mechanical failure.
At-fault driver citations
An officer will often be able to determine the cause of an incident by looking at the scene of the accident and interviewing witnesses. If they believe a driver has broken traffic laws, they could issue a ticket. Insurance companies may also use police reports to determine fault.
It is natural for drivers to blame each other following an accident. However, this can be harmful. Apart from giving the other driver the wrong impression, it could lead to an admission of guilt that could be used against you in court.
The majority of car accidents be caused by two or more people who share some degree of fault. The majority of states have modified comparative fault rules that permit claimants to receive damages less their proportion of blame. A traffic citation could be used by an insurance adjuster to increase the percentage of responsible for an accident. This could reduce the chance of recovering compensation for injuries.
The incident that someone is cited following a car crash could be a strong proof that they were the cause of the crash. It's not an assurance that a personal injury case will be successful. Based on the circumstances of your case the other evidence may be needed to demonstrate that the driver was negligent and caused injury to you. This includes witness testimony, evidence at 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 and are asked to fill out an official report. auto accident lawsuit hialeah include both the facts and opinions observed by the officers on the scene at the time the incident occurred. This is a crucial document to be included in any claim for auto accidents. Insurance companies will also examine the report to determine the fault and amount of compensation.
Based on the location, police reports are admissible in court or not. The main reason for this is that the police report includes statements made by people who are not sworn witnesses in court. To be able to be used in a legal matter they must be covered by one of the hearingsay exceptions under law.
A typical police report contains information regarding the driver, vehicles and victims involved in the crash, as well as the details of what happened and any evidence discovered on the scene. Many police reports also contain officers' opinions on how the crash happened and who's to blame.
If you're not injured however, it is in your best interest to always make a police report of any accident that you are involved in even if it seems minor. Some injuries don't show up immediately and having evidence can help in helping you win the amount you are due for your medical expenses.