epoxypaul2

Auto Accident Legal Matters Contact an experienced attorney immediately in the event that you've been injured in a car accident. Your lawyer can help you know your rights and obtain the compensation you deserve. Every driver is required to abide by traffic laws. If they violate that duty and cause harm, they are liable. Damages In general there are two distinct types of damages that can result from an automobile accident. The first type of damages, known as special damages, have an amount that can be easily calculated. Special damages are medical bills or lost wages, as well as vehicle repairs. auto accident attorney tuscaloosa , referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering. To be eligible for compensation for noneconomic losses it is necessary to prove that your injuries were severe enough to warrant such an award. This is a challenging job and the person who was injured should be represented by an attorney. Loss of enjoyment is among the most frequently reported non-economic damages. In general, this is the amount of money reflected in the diminished quality of life resulting because of injury caused by an accident. It also can result in the inability of participating in certain activities, like driving, that used to be enjoyable. In a few cases victims may be in a position to sue for punitive damage. The purpose of this type of damage is intended to penalize the defendant and deter future acts that are just as bad. Punitive damages are not available in all instances. A successful claim will require strong evidence that the defendant acted with conscious disregard for the safety of others. Liability If you are injured in an automobile accident the person responsible for your injuries is accountable to compensate you. This includes money for medical expenses, property damage, loss of income and noneconomic damage like pain and suffering. In most cases, this is the driver who was responsible for the crash. However, it's not unusual for both drivers to share a portion of the blame. Certain states have laws called comparative negligence. In these cases, jurors determine the respective percentages of each driver and adjusts the amount of damage according to the percentage. It is vital that you prove what happened to an insurance company, or to a jury or judge. The burden of proof is what we call it. The plaintiff is the one who bears the burden of proof. You must present evidence to prove that the accident occurred. A government entity can also be held responsible for an accident. This could occur when a roadway is not maintained or constructed properly which can lead to an accident. These are also known as road defect cases. Sometimes, the manufacturers are the ones to blame in these claims too. They may be responsible for car-related defects such as brakes, tires and mechanical failure. At-fault driver citations An officer can often determine the cause of an incident by analyzing the accident scene and interviewing witnesses. They can issue tickets if they believe that a motorist violated traffic rules. Insurance companies may take a look at police reports to help determine fault. After an accident, it is normal for drivers to point at each one another. This can be harmful. This can not only give the driver in front of you a bad impression however, it could also cause you to admit guilt in the court. In most car accidents there are at least two parties who share some level of responsibility. This is why many states adhere to modified comparative fault rules that allow the person who is claiming to recover damages that are less than their portion of the fault. An insurance adjuster may apply a traffic citation to increase a claimant's percentage of blame for the accident which could limit their compensation for their injuries. The fact that someone is mentioned following a car crash could be evidence that they caused the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may require other forms of evidence to prove an other driver was negligent and caused harm to you. This could include witness testimony, evidence at the site of the accident, as well as medical records detailing your injuries. Police reports When officers from the police arrive at a crash site they will fill out an official report. The reports include both information and opinions noted by the officers who are on scene at the time of the crash. This is a vital document for any claim involving an auto accident. Insurance companies will scrutinize the report as well to help determine the cause of the accident and to pay compensation to the victims. Based on the jurisdiction, police reports can or may not be considered admissible to court. The main reason for this is that the police report contains statements from people who aren't witnesses in court. For these statements to be considered as evidence in a legal matter they must be covered by one of the exceptions to hearsay law. A typical police report contains details regarding the driver, vehicles and the victims involved in the accident, as well as an account of what transpired and any evidence found at the scene. A majority of police reports contain the officer's opinion about the cause of the accident and who's at fault. If you're not injured it is recommended that you always submit a police report after any accident that you are involved in, even if it appears to be a minor. Documentation is important because not all injuries are evident immediately.