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Contact an experienced attorney right away if you have been injured in a car accident. Your lawyer can help you to understand your rights and auto accident Lawsuits receive the compensation that you are entitled to.

All drivers have a duty to follow traffic laws. If they violate that duty and cause injury, they can be held responsible.

Damages

In general, there are two types of damages that may result from a car accident. The first type of damages known as special damages, has an amount that can be easily determined. Examples of special damages include medical bills loss of wages, vehicle repairs are examples for special damages. The second type, which is referred to as non-economic damages, are 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 a daunting task, and the injured party must be represented by a lawyer.

The loss of enjoyment is among the most common non-economic damages. This is usually a financial amount that indicates a decreased quality of life as a result accident-related injuries. Also, it involves the inability to take part in certain activities, such as driving, that used to be enjoyable.

In rare cases victims may sue for punitive damages. This kind of damages are designed to punish the perpetrator for an egregious violation and helps deter others from doing similar things in the future. Punitive damages may not be available in all circumstances. A successful claim will require strong evidence that the defendant acted with conscious disregard for the safety of others.

Liability

If you’re injured in an auto accident the person who caused your injuries is liable to compensate you. This includes reimbursement for medical expenses or property damage, loss of income, and any other non-economic damage that include pain and discomfort. In most cases, the driver that caused the accident will be responsible. However, it’s not unusual for two drivers to share some blame. Certain states follow what’s called comparative negligence laws. In these, a jury will determine each driver’s percentage of fault and adjust the damage award in proportion.

It is crucial that you can prove what happened to an insurance company or to a jury or judge. The burden of evidence is what we call it. The burden is placed on the person who makes the claim — the plaintiff and it requires you to provide evidence of how your accident occurred.

A government institution can be liable for an accident. This can occur when a highway is poorly maintained or designed which can lead to an accident. These claims are also called road defect cases. Sometimes, manufacturers are at fault in these types of claims too. They could be held liable for defects like brakes, tires and mechanical failure.

At-fault driver citations

Usually, a police officer can determine who was the cause of an accident by looking at the scene of the crash and questioning witnesses. If they believe a driver is in violation of traffic laws, they can issue a citation. Insurance companies may also rely on police reports to determine fault.

After an accident, it is normal for drivers to point at each one another. However, this could be harmful. This could not only give the driver behind you a bad impression however, it could also lead to you admitting guilt in the court.

In most car accidents there are at least two parties sharing a portion of fault. This is why most states follow modified comparative fault rules that allow the victim to seek compensation for damages minus their portion of the fault. A traffic citation can be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This could decrease the amount of compensation for injuries.

The the fact that a person is cited after a car accident may be powerful evidence that they caused the crash. However, it’s not an assurance of the outcome of a personal injury lawsuit. Depending on the situation the other evidence could be required to prove that the other driver was negligent and caused injury to you. You will need witness testimony, evidence at the scene of an accident and medical records to show your injuries.

Police reports

When officers from the police arrive at a car accident site and are asked to fill out an official report. The reports will contain both facts and opinions noted by the officers on the scene at the time of the accident. This report is essential to be used in any auto accident claim. Insurance companies will examine the report to determine fault and the amount of compensation for the injured parties.

Based on the jurisdiction, police reports are admissible or not. The reason for this is that the police report contains statements by people who aren’t sworn witnesses in court. These statements must be included in an exception to the hearsay law to be admissible as evidence.

A typical police report will include details about the driver, vehicles and the victims involved in the crash, as well as a description of the incident and any evidence found at the scene. Many police reports also contain the officer’s opinions about how the accident occurred and who is to blame for it.

If you are not hurt, it is in your best interest to always complete a police investigation for any incident you’re involved in even if it appears to be a minor. It is crucial to document the incident because there aren’t all injuries evident immediately.