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Auto Accident Legal Matters If youve been injured as a result of a car accident contact an experienced attorney as quickly as you can Your lawyer can explain your rights and assist to get the compensation you are entitled to All drivers are accountable for adhering to traffic rules If they violate that duty and cause harm they are liable Damages In general there are two types of damages that may result from a car accident The first called special damages have a specific dollar value that is easy to calculate Things like medical bills loss of wages vehicle repairs are examples for special damages auto accident lawyer chino of damage referred to as noneconomic damages are more difficult to quantify They include things like pain and suffering In order to receive compensation for noneconomic losses you must demonstrate that your injuries were serious enough to warrant such an award This is a challenging task and the injured party should be represented by an attorney Loss of enjoyment of life is one of the most frequently reported noneconomic damages It is usually the amount of money reflected in the diminished quality of life that is experienced as a result of the injuries resulting from accidents This includes the inability of the victim to perform activities that were once pleasurable like driving In rare instances victims may be allowed to sue for punitive damages These damages are intended to punish the defendant and discourage future acts that are equally egregious The possibility of punitive damages is not available in all cases and a successful case relies on the evidence that proves the defendant committed a crime with a clear disregard for other peoples safety Liability If you are injured in a car accident the person responsible for your injuries is liable to compensate you This includes reimbursement for medical expenses or property damage loss of income and any other noneconomic damage such as discomfort and pain In most cases this is the driver who caused the crash It is not uncommon for two drivers to share the blame Certain states have laws called comparative negligence jurors determine each drivers percentage and adjusts the damages awarded in proportion It is vital that you prove what happened to an insurance company or to a jury or judge This is referred to as the burden of proof The plaintiff has the burden of proving You must prove to prove that your accident took place A government entity could also be held accountable for an accident This could happen when a road is not maintained or constructed properly and contributes to an accident These types of claims are also known as road defect cases These kinds of claims could also be brought by manufacturers They could be held responsible for the defects in brakes tires and mechanical failures Atfault driver citations An officer can often determine the cause of an incident by looking at the scene of the accident and interviewing witnesses They might issue tickets if they believe a driver violated traffic laws Insurance companies will take a look at police reports to determine who is at fault Following an accident its normal for drivers to point at each other But this can be harmful In addition to giving the 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 usually two or more parties sharing a portion of responsibility A majority of states have modified comparativefault rules that permit claimants to receive damages that are less than their percentage of fault A traffic citation may be used by an insurance adjuster to increase the percentage of claimant responsible for an accident This could decrease the possibility of a payout for injuries The fact that someone is mentioned in a vehicle accident could be evidence that they were responsible for the accident Its not an assurance that a personal injury claim will be successful Based on the circumstances of your case you may require other types of evidence to prove the other driver was negligent and caused you harm This includes witnesses testimony evidence from the scene of the accident as well as medical records of your injuries Police reports When officers from the police arrive at a vehicle accident site and are asked to fill out an official report The reports contain both the facts and opinions that were recorded by the officers at the scene when the accident took place This is a vital document for any claim involving an auto accident Insurance companies will scrutinize the report to determine fault and the amount of compensation for injured parties According to the jurisdiction police reports can or may not be considered admissible in court The main reason is that the police report contains statements by people who arent sworn witnesses in court To be able to be used in a legal case they must fall within one of the exceptions to hearsay law A typical police report includes information about the driver the vehicles and the victims involved in the crash along with a description of what happened and any evidence that was found on the scene Many police reports also include the officers views on how the crash happened and who is most responsible for the incident Even if you dont feel injured its in your best interests to make a police report even if the accident seems to be minor Documentation is essential because not all injuries are evident immediately