Auto Accident Legal Matters
If you've suffered injuries in a car accident, contact an experienced attorney as quickly as possible. An attorney can explain your rights and help you receive the compensation you are entitled to.
All drivers are responsible for adhering to traffic rules. If they violate that duty and cause harm, they are liable.
Damages
In general there are two kinds of damages that could result from a car accident. The first type called special damages, have a dollar value that is easily calculated. Special damages can include medical bills, lost wages and vehicle repairs. The second type of damages that are referred to as non-economic damages is more difficult to quantify. These include things like suffering and pain.
In order to receive compensation for non-economic losses, you must be able demonstrate that your injuries were serious enough to warrant this award. This is a difficult task and the person who was injured must be represented by an attorney.
One of the most frequent kinds of non-economic damage is the loss of enjoyment life. This is usually a financial amount that represents a lower quality of life due to injuries sustained in accidents. This can include the inability of the victim to participate in activities that were once enjoyable, such as driving.
In some cases victims may be able to pursue punitive damages. This kind of damages are designed to punish the perpetrator for an egregious violation and also to discourage others from doing similar things in the future. Punitive damages may not be offered in all cases. A successful claim will require evidence that the defendant acted with a conscious disregard for others' safety.
Liability
If you are injured in a car accident, the person responsible for your injuries is accountable to compensate you. This includes compensation for medical expenses and property damage, as well as loss of income, as well as other damage like pain and suffering. In most cases, this is the driver who was responsible for the crash. However, it is not uncommon for the two drivers to share a portion of the blame. Certain states follow what's known as comparative negligence laws, where jurors will determine each driver's percentage of fault and adjust the damage amount in accordance with that percentage.
It is crucial to demonstrate to the satisfaction an insurance company or juror or judge that the incident occurred. The burden of proof is what we call it. The plaintiff is responsible for the burden of proof. You must provide evidence to prove that the accident occurred.
A government institution can also be held responsible for an accident. It can happen when a roadway is poorly constructed or maintained and can cause an accident. These types of claims are also known as roadway defect cases. These kinds of claims could also be brought by manufacturers. They could be held accountable for the defects in brakes, tires, and mechanical failures.
At-fault driver citations
Most of the time, police officers can determine the cause of an accident by looking at the scene of the accident and interviewing witnesses. If they suspect that a driver has violated traffic laws, they could issue a ticket. Insurance companies may also use police reports to determine fault.
It is normal for drivers to point fingers at one another following an accident. However, this can be detrimental. While giving the other driver a negative impression it could result in an admission of guilt that could be used against you in court.
In most car accidents there are usually two or more people who share a percentage of fault. This is the reason why most states follow modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their proportion of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant fault in an accident. This could decrease the possibility of a payout for injuries.
The fact that a person is mentioned in a vehicle crash can be strong evidence that they caused the crash. However, it's not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may need other types of evidence to prove that an other driver was negligent and caused harm to you. Witness testimony, evidence at the accident scene and medical records to show your injuries.
Police reports
When law enforcement officers visit the scene of a car crash, they will fill out an official police report. These reports contain both facts and opinions noted by the officers present at the time of the crash. This report is essential for any claim involving an auto accident. Insurance companies will also look over the report to determine fault and the amount of compensation.
Based on auto accident lawsuit sacramento of jurisdiction, police reports can be admissible or not. The main reason for this is that the police report includes statements made by people who aren't sworn witnesses in court. These statements must fall under an exception to the hearsay law to be admissible as evidence.
A typical police report will include information about the driver, vehicles and the victims who were involved in the crash, as well as an account of the incident and any evidence that was found at the scene. Many police reports include the officer's opinions on the cause of the accident and who is responsible for the incident.
Even if there is no indication that you are injured, it's in your best interests to make a police report even if the incident appears to be minor. Documentation is essential because not all injuries are obvious immediately.