10 Facts About Auto Accident Attorney That Will Instantly Put You In A Good Mood
Auto Accident Legal Matters
Contact an experienced attorney right away when you've been injured in a car accident. Your attorney can help you understand your rights and get the compensation that you deserve.
All drivers are responsible to obey traffic laws. If they fail to do so and cause harm, they are liable.
Damages
Generally speaking, there are two types of damages that can result from a car crash. The first type of damage known as special damages, have a dollar value that can be easily determined. Things like medical bills as well as lost wages and repairs to vehicles are examples of special damages. The second kind of damage that are referred to as non-economic damages, is more difficult to quantify. They include things like pain and suffering.
To receive compensation for noneconomic losses you must demonstrate that your injuries were serious enough to warrant an award. This is a difficult task and the person who was injured must be represented by a lawyer.
The loss of enjoyment is one of the most common non-economic damages. Generally, this entails a monetary sum that reflects the reduced quality of life that is experienced because of injuries caused by accidents. This includes the inability of the victim to participate in activities that were once enjoyable like driving.
In rare instances victims might be allowed to sue for punitive damage. This kind of damage is designed to punish the perpetrator for a particular sloppy act and helps deter other people from doing the same in the future. Damages for punitive intent may not be available in all cases. A successful claim will require strong evidence that the defendant's actions were carried out with conscious disregard for the safety of others.
Liability
If you're injured in a car accident, the person or entity responsible for your injuries will be held accountable to pay you compensation. This includes reimbursement for medical expenses as well as property damage, lost income, and other damages such as discomfort and pain. In the majority of cases, it will be the driver who caused the crash. However, it's not uncommon for both drivers to share some blame. Some states have laws called comparative negligence, where the jury determines the percentage of each driver and adjusts the damages awarded accordingly.
It is vital that you can prove what happened to an insurance company, or to a judge and jury. This is known as the burden of proof. auto accident lawyer orem is placed on the person making the claim, which is the plaintiff and it requires you to provide the evidence that demonstrates how your crash occurred.
Another type of situation that can be brought is when a government agency is accountable for the accident. This can occur when a roadway has been poorly constructed or maintained and causes an accident. These types of claims are also referred to as road defect cases. These kinds of claims can also be brought by manufacturers. They could be held accountable for car-related defects such as brakes, tires and mechanical failure.
At-fault driver citations
An officer will often be able to determine the cause of an incident by analyzing the accident scene and interviewing witnesses. If they believe a driver has violated traffic laws they can issue a citation. Insurance companies can also use police reports to determine fault.
It is normal for drivers to blame each other following an accident. However, this could be detrimental. 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 the majority of car accidents, there are at least two people who share a percentage of fault. Many states have modified comparative-fault rules, which permit claimants to receive damages less their proportion of blame. A traffic citation could be used by an insurance adjuster to increase the claimant's percentage responsible for an accident. This can decrease the possibility of a payout for injuries.
The fact that someone is cited following a car crash could be a strong proof that they were the cause of the crash. It is not a guarantee that a personal injury claim will be successful. Depending on the circumstances of your case, you may require additional types of evidence to prove that another driver was negligent and caused you harm. This includes witness testimony, evidence at the scene of the accident and medical records of your injuries.
Police reports
When officers from the police arrive at a crash site they will fill out an official report. These reports include both information and opinions noted by the officers on the scene when the accident occurred. This is a crucial document for any auto accident claim. Insurance companies will also review the report to determine the fault and amount of compensation.
In accordance with the location, police reports are acceptable or not admissible in court. The main reason is because the police report contains statements from people who aren't sworn witnesses in court. These statements must be included in an exception to the law of hearsay to be used as evidence.
A typical police report contains information regarding the driver, vehicles and victims involved in the accident along with a description of what happened and any evidence that was found on the scene. A majority of police reports contain the officer's opinions on the cause of the accident and who's responsible for the incident.
If you're not injured however, it is ideal to always file a police report for any accident that you are involved in even if it seems minor. It is crucial to document the incident because there aren't all injuries evident immediately.