mayhour14
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Auto Accident Legal Matters If youve suffered injuries in a car accident contact an experienced attorney as soon as you can Your attorney can explain your rights and assist you get the compensation that you need All drivers are obliged to abide by traffic laws If they do not comply with this duty and cause harm they are liable Damages In general there are two kinds of damage that can result from a car crash The first type of damages known as special damages have a value in dollars that can be easily calculated Things like medical bills as well as lost wages and vehicle repairs are examples for special damages The second type of damages that are referred to as noneconomic damage is more difficult to quantify They include things like suffering and pain To receive compensation for noneconomic losses it is necessary to establish that your injuries were serious enough to warrant this award This is a challenging task and the injured must be represented by an attorney The loss of enjoyment is among the most commonly reported noneconomic losses This is usually a monetary amount that indicates a decreased quality of life as a result accidentrelated injuries It also involves the inability to take part in certain activities such as driving that were once enjoyable In a few cases victims could be capable of suing for punitive damages The purpose of this type of damage is intended to penalize the defendant and deter future acts that are just as bad The punitive damages might not be available in all cases A successful claim will require strong evidence that the defendant acted with conscious disregard for others safety Liability If you are injured in an accident involving a vehicle the person responsible for the injuries you sustained is responsible to compensate you This includes reimbursement for medical expenses and property damages as well as lost income and other damages like discomfort and pain In the majority of instances the driver who caused the accident will be responsible It is not uncommon for the two drivers to share blame Some states apply whats called comparative negligence laws In these jurors determine the percentage of fault each driver is responsible for and adjust the amount of damage according to that It is essential that you prove what happened to an insurance company or to a judge and jury This is referred to as the burden of evidence The burden is shifted to the person who makes the claim the plaintiff and it requires you to present the evidence that demonstrates how your accident happened Another kind of case that could be filed is when a government agency is the one responsible for the accident This can occur when a roadway is poorly constructed or maintained and this can cause an accident These kinds of claims are also referred to as roadway defect cases These kinds of claims could also be brought by manufacturers They may be held accountable for defects such as brakes tires and mechanical failure Atfault driver citations An officer can often determine who caused an incident by looking at the scene of the accident and interviewing witnesses If they believe a motorist has violated traffic laws they can issue a citation Insurance companies may also rely on police reports to determine fault Following an accident it is normal for drivers to point at each other However this could be detrimental This can not only give the other driver a bad impression however it could also result in you committing a crime in court Most car accidents be caused by two or more people who share a certain amount of responsibility The majority of states have modified comparative fault rules that allow claimants to recover damages that are less than their percentage of blame A traffic citation can be used by an insurance adjuster to increase the percentage of blame in an accident This could reduce the potential payout for injuries The fact that someone is mentioned in a car crash could be a strong proof that they are responsible for the accident However its not a guarantee of the outcome of an injury lawsuit Depending on auto accident attorney turlock other types of evidence could be required to prove that the other driver was negligent and caused injury to you This could include witness testimony evidence from the site of the accident as well as medical records detailing your injuries Police reports If law enforcement officers are at the scene of a car accident they will fill out an official police report These reports include both the information and opinions taken note of by the officers who were on the scene at the time the accident occurred This is a vital document for any claim involving an auto accident Insurance companies will review the report to determine the cause of the accident and to pay compensation to injured parties Depending on the area of jurisdiction police reports can be admissible or not The main reason is that the police report contains statements made by people who arent 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 includes details about the driver vehicles and victims involved in the crash along with the details of what happened and any evidence found at the scene A majority of police reports also include officers opinions on what caused the crash and whos to blame for it Even if youre not injured it is still the best option to file a police accident report even if the accident seems minor Some injuries dont show up right away and having evidence can go a long way toward helping you claim the money you deserve for medical expenses