Auto Accident Legal Matters
Contact an experienced attorney immediately in the event that you've been injured in a car accident. Your attorney can help you know your rights and obtain the compensation that you are entitled to.
Every driver is required to follow traffic laws. They are liable if they violate this duty and cause harm.
Damages
In general there are two kinds of damages that can result from an auto accident. The first, known as special damages, are characterized by a clear dollar value that is easy to calculate. auto accident lawyer mount pleasant like medical expenses, lost wages, and vehicle repairs are examples for special damages. The second type of damage, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.
In order to be compensated for non-economic losses you must show that your injuries were severe enough to warrant this award. This is a challenging task and the victim must be represented by a lawyer.
One of the most prevalent kinds of non-economic damage is the loss of enjoyment in life. It is typically a financial amount that reflects a reduced quality of life 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 rare cases, victims can claim punitive damages. This type of damage is intended to punish the defendant for a particularly egregious act and also to discourage others from repeating the same actions in the future. Punitive damages may not be available in all cases, and a successful claim relies on evidence that shows the defendant acted with conscious disregard for other people's safety.
Liability
If you are injured in an accident in a car, the person or entity responsible for your injuries will be held accountable to pay you compensation. This includes compensation for medical expenses as well as property damage, loss of income and noneconomic damages such as pain and suffering. In the majority of instances, the driver who caused a crash will be accountable. It is not uncommon for the two drivers to share responsibility. Some states have laws that are called comparative negligence. the jury decides on each driver's percentage and adjusts the amount of damage accordingly.
It is crucial that you demonstrate what transpired to an insurance company, or to a judge and jury. This is referred to as the burden of proof. The burden falls on the person making the claim - the plaintiff and it demands that you provide proof of how the crash happened.
Another type of case that can be brought is when a governmental entity is responsible for the accident. This could happen when a road is not properly designed or maintained and this can cause an accident. These kinds of claims are also known as road defect cases. These kinds of claims could also be brought by manufacturers. They could be held accountable for defects such as brakes, tires and mechanical failure.
At-fault driver citations
A police officer is often able to determine the cause of an incident by looking at the scene of the accident and interviewing witnesses. They might issue tickets if they believe the driver was in violation of traffic laws. Insurance companies also examine police reports to determine the cause of the incident.
After an accident, it is normal for drivers to glare at each one another. However, this could be harmful. It could not only leave the driver in front of you a bad impression and could lead to you admitting guilt in the court.
The majority of car accidents involve two or more people with varying degrees of blame. This is the reason why most states adhere to modified comparative fault rules that allow the claimant to claim damages less their portion of the fault. An insurance adjuster can sometimes utilize a traffic ticket to increase a claimant's percentage of responsibility for the accident, which could limit their payout for their injuries.
The fact that someone is mentioned in a car crash can be strong evidence that they caused the crash. However, it's not a guarantee of the outcome of a personal injury lawsuit. Depending on the situation, other types of evidence may be required to show that the other driver was negligent and injured you. Witness testimony, evidence at the accident scene and medical documents to prove your injuries.
Police reports
When law enforcement officers visit the scene of a car accident they fill out an official police report. The reports will contain both details and opinions noted by the officers on the scene at the time the accident occurred. This is a crucial document to be included in any auto accident claim. Insurance companies will also review the report to determine the fault and amount of compensation.
Based on the jurisdiction of the police, reports could or might not be considered admissible in 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 case they must fall under one of the hearingsay exceptions under law.
A typical report from a police officer contains details about the driver, vehicles and the people involved in the crash, as well as the details of what happened and any evidence found on the scene. Many police reports also contain the officer's opinions about what caused the crash and who is to blame.
If you're not injured it is the best option to always make a police report of any incident you're involved in even if it appears to be minor. Not all injuries show up right away and having evidence can be a huge help in helping you win the amount you are due for medical expenses.