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Auto Accident Legal Matters If you are injured in a car accident, contact an experienced attorney as quickly as possible. Your attorney will explain your rights and assist to get the compensation you need. All drivers are required to observe traffic laws. They can be held accountable if they break this duty and cause harm. Damages In general there are two kinds of damage that can result from a car crash. The first, known as special damages, have a clear dollar amount that is easy to determine. Items like medical bills loss of wages, repairs to vehicles are examples of special damages. The second type of damage, referred to as non-economic damages, are more difficult to quantify. They include things like pain and suffering. In order to receive compensation for non-economic losses you must show that your injuries were severe enough to warrant an award. This is a daunting task, and the injured must be represented by an attorney. The loss of enjoyment is among the most common non-economic damages. This is usually a monetary amount that reflects a reduced quality of life due to injuries sustained in accidents. This includes the inability of the victim to take part in activities that were once pleasurable, such as driving. In auto accident lawyer mission may claim punitive damages. This kind of compensation is intended to punish the perpetrator and discourage any further actions that are just as bad. Damages for punitive purposes are not available in all cases, and a successful case relies on the evidence that proves the defendant acted with a conscious disregard for other people's safety. Liability If you are injured in an automobile accident, the person responsible for the injuries you sustained is responsible to pay you. This includes compensation for medical expenses or property damage, as well as loss of income, as well as other damages like suffering and pain. In the majority of cases, the driver who caused a accident will be responsible. However, it's not unusual for two drivers to share a portion of the blame. Certain states follow what's known as comparative negligence laws. the jury will decide the proportion of fault for each driver and adjust the damage award according to that. It is vital that you can prove to the satisfaction of an insurance company or judge and jury what occurred. This is known as the burden of evidence. The burden is placed on the person who is making the claim, namely the plaintiff and requires you to show proof of how the accident happened. A government entity can also be held responsible for an accident. This could happen when a road is not properly constructed or maintained, and this causes an accident. These kinds of claims are also referred to as road defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims as well. They could be held accountable for defects, such as brakes, tires and mechanical failures. At-fault driver citations Often, an officer can determine the cause of an accident by studying the crash scene and interviewing witnesses. If they believe that a driver has violated traffic laws, they can issue a citation. Insurance companies could also use police reports to determine fault. It is normal for drivers to point fingers at each other after an accident. This can be harmful. This could not only give the driver in front of you a bad impression however, it could also result in you committing a crime in the court. The majority of car accidents involve two or more people who share a certain amount of responsibility. This is why many states use modified comparative blame rules that allow the claimant to recover damages minus their share of blame. A traffic ticket can be used by an insurance adjuster to increase the percentage of responsible for an accident. This can decrease the potential payout for injuries. The fact that someone is cited in a car crash could be proof that they are responsible for the crash. It's not an assurance that a personal injury case will be successful. Based on your particular case, other types of evidence may be needed to establish that the other driver was negligent and caused injury to you. This includes witness testimony, evidence taken from the site of the accident, as well as medical records of your injuries. Police reports When law enforcement officers attend the scene of a car crash, they will fill out an official police report. These reports include both the information and opinions observed by the officers on the scene when the accident occurred. It is an essential document for any auto accident claims. Insurance companies will also examine the report to determine fault and compensation. Depending on jurisdiction, police reports may or may not be considered admissible to court. The main reason is because the police report contains statements by people who aren't sworn witnesses in court. These statements must be included in an exception to the law of hearsay to be used as evidence. A typical report from a police officer includes details about the driver, vehicles as well as the victims of the crash, as well as the details of the incident and any evidence discovered at the scene. A majority of police reports contain an officer's opinion on the cause of the accident and who is to blame. If you are not hurt, it is the best option to always complete a police investigation for any accident that you are involved in even if it appears to be minor. Documentation is essential because not all injuries are obvious immediately.