10 Things We All Hate About Auto Accident Attorney
Auto Accident Legal Matters
If you've suffered injuries in a car accident, contact an experienced attorney as soon as you can. Your lawyer can explain your rights and assist you get the compensation that you need.
All drivers are responsible for adhering to traffic rules. They are liable if they breach this duty and cause harm.
Damages
In general there are two kinds of damages that could result from an accident. The first, referred to as special damages, have a clear dollar value that is easy to determine. Items like medical bills, lost wages, and repairs to vehicles are examples of special damages. The second kind, referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering.
To receive auto accident law firm yorba linda for noneconomic losses it is necessary to show that your injuries were severe enough to warrant this award. This is a challenging task and the injured party must be represented by a lawyer.
One of the most prevalent kinds of non-economic damages is the loss of enjoyment of life. This is usually a financial amount that indicates a decreased quality of living because of injuries resulting from accidents. This can include the inability of the victim to engage in activities that were once enjoyable, such as driving.
In rare cases victims may be able to sue for punitive damages. This type of damage is designed to punish the defendant for a particular sloppy act and also to discourage other people from doing the same in the future. 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 liable to compensate you. This includes reimbursement for medical expenses or property damage, loss of income, as well as non-economic damages, such as discomfort and pain. In the majority of cases, it is the driver who caused the accident. However, it's not unusual for two drivers to share some blame. Some states follow what is called comparative negligence laws where the jury will decide the percentage of fault each driver is responsible for and adjust the damage amount accordingly.
It is vital to demonstrate to the satisfaction of an insurance company, jury or judge what happened. This is known as the burden of evidence. The burden is placed on the person making the claim, namely the plaintiff and it requires you to present evidence of how your crash occurred.
A government entity could also be held responsible for an accident. This can be the case when a road is not maintained or constructed properly and contributes to an accident. These kinds of claims are also referred to as road defect cases. These types of claims can also be brought by manufacturers. They could be held responsible for defects like brakes, tires, and mechanical failure.
At-fault driver citations
A police officer is often able to determine the cause of an incident by looking at the scene of the accident and interviewing witnesses. They could issue an order if they believe a driver violated traffic laws. Insurance companies may also rely on police reports to determine the fault.
It is normal for drivers to blame one another after an accident. This can be harmful. Besides giving the other driver the wrong impression, it could lead to an admission of guilt which could be used against you in court.
In the majority of car accidents, there are at least two parties who share some level of blame. This is the reason why most states have modified comparative fault rules that allow the victim to recover damages minus their proportion of fault. An insurance adjuster can sometimes apply a traffic citation to increase a claimant's percentage blame in an accident, which could reduce their potential settlement for their injuries.
The fact that someone is cited after a car accident can be strong evidence that they were the cause of the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may require other forms of evidence to show that another driver was negligent and caused harm to you. Witness testimony, evidence at the scene of an accident and medical documents to prove your injuries.
Police reports
When law enforcement personnel attend an accident scene they will fill out an official police report. The reports include both information and opinions of the officers on the scene at the time of the collision. This is a crucial document to be included in any claim for auto accidents. Insurance companies will study the report as well to determine fault and the amount of compensation for the injured parties.
In accordance with the jurisdiction, police reports are admissible in court or not. The reason for this is that the police report includes statements made by people who aren't witnesses in court. In order for these statements to be used in a legal context, they must fall under one of the exemptions to hearsay law.
A typical police report includes information about the driver's identity, the vehicles involved and the victims in the crash and an account of the incident and any evidence found on the scene. The majority of police reports include the officer's opinions about how the accident occurred and who is most to blame.
Even if there is no indication that you are injured, it is still the best option to file a police accident report even if the incident seems to be minor. Not all injuries are apparent immediately, and having solid documentation can go a long way toward helping you claim the money you deserve for your medical expenses.