Auto Accident Legal Matters
If you've been injured in an automobile accident, consult an experienced attorney as soon as possible. An attorney can explain your rights and help you receive the compensation you need.
All drivers are accountable for adhering to traffic rules. They can be held accountable if they do not abide by this obligation and cause harm.
Damages
In general there are two distinct kinds of damages that could result from an automobile accident. The first type known as special damages, comes with a value in dollars that can be easily determined. Items like medical bills or lost wages as well as repair work on vehicles are examples of special damages. The second type of damages, referred to as non-economic damages is more difficult to quantify. These include things such as pain and suffering.
In order to receive compensation for non-economic losses you must demonstrate that your injuries were serious enough to warrant such an award. This is a daunting task and the injured party should be represented by an attorney.
One of the most popular forms of non-economic damages is the loss of enjoyment life. It's usually a financial amount that indicates a decreased quality of living as a result accident-related injuries. It also can result in the inability of participating in certain activities, such as driving, which were once enjoyable.
In rare instances victims may sue for punitive damages. This type of loss is designed to punish the defendant for a particular sloppy act, and serves to deter others from repeating the same actions in the future. Damages for punitive intent may not be available in all cases. A successful claim will require strong evidence that the defendant acted with a conscious disregard for others' safety.
Liability
If you suffer injuries in an accident in a car the person or organization responsible for your injuries will be held accountable to compensate you. This includes reimbursement for medical expenses as well as property damage, lost income, as well as non-economic damages that include pain and discomfort. In most cases, the driver that caused the accident will be responsible. However, it is not uncommon for both drivers to share a portion of the blame. Certain states have laws that are called comparative negligence. a jury determines the percentage of each driver and adjusts the damage amount according to the percentage.
It is essential that you can prove what happened to an insurance company or to a judge and jury. The burden of evidence is what we call it. The burden is placed on the person who is making the claim - the plaintiff - and it requires you to present proof of how the accident happened.
Another kind of case that may be filed is when a government institution is responsible for the accident. This could happen when a road is not maintained or constructed properly which can lead to an accident. These types of claims are also referred to as roadway defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims too. They may be responsible for car defects like brakes, tires and mechanical failure.
At-fault driver citations
Usually, a police officer can determine who caused the accident by studying the crash scene and interviewing witnesses. If they believe a driver has broken traffic laws, they could issue a ticket. Insurance companies may also examine police reports to help them determine who is at fault.
It is common for drivers to point fingers at each other after an accident. This can be harmful. Besides giving the other driver a negative impression, it could lead to an admission of guilt that could be used against you in court.
In most car accidents there are at least two people who share a percentage of fault. The majority of states have modified comparative fault rules, which permit claimants to receive damages that are less than their share of fault. An insurance adjuster might apply a traffic citation to increase a claimant's percentage of responsibility for the accident, which could reduce their potential payout for their injuries.
The fact that a person is mentioned in a car crash could be a strong proof that they are responsible for the crash. It is not an assurance that a personal injury lawsuit will be successful. Based on the circumstances of your case the other evidence may be required to show that the other driver was negligent and injured 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 fill out an official police report. These reports include both the details and opinions recorded by the officers at the scene when the accident took place. This is an important document for any claim for auto accidents. Insurance companies will examine the report as well to determine fault and compensation for injured parties.
Based on the location, police reports are admissible in court or not. auto accident lawyer green bay is because the police report contains statements from people who aren't sworn witnesses in court. In order for these statements to be considered as evidence in a legal context they must be covered by one of the exemptions to hearsay law.
A typical report from a police officer includes information regarding the driver, the vehicles, and victims involved in the crash, along with an account of the incident and any evidence found at the scene. Many police reports include an officer's view on the cause of the accident, and who is responsible for the incident.
If you're not injured however, it is in your best interest to always submit a police report after any accident that you are involved in even if the incident appears to be a minor. It is crucial to document the incident because not all injuries are visible immediately.