Auto Accident Legal Matters
If you've suffered injuries in an auto accident, call an experienced attorney as quickly as you can. Your lawyer can explain your rights and help you get the compensation you are entitled to.
All drivers are accountable for adhering to traffic laws. They are held accountable if breach this duty and cause harm.
Damages
In general, there are two types of damages that may result from a car accident. The first kind of damage, known as special damages, comes with a value in dollars that can be easily calculated. Items like medical bills or lost wages as well as repair work on vehicles are examples of special damages. The second type, which is referred to as non-economic damages, are more difficult to quantify. They include things like suffering and pain.
To be able to claim compensation for losses that are not economic, it is necessary to be able to prove that the injuries suffered were serious enough to merit such an award. This is a challenging task, and the injured party must be represented by a lawyer.
One of the most common kinds of non-economic damage is the loss of enjoyment of life. It is usually an amount in dollars that represents the reduced quality of life experienced because of accident-related injuries. This includes the inability of the victim to engage in activities that were once enjoyable, such as driving.
In rare cases victims may pursue punitive damages. This type of loss is designed to penalize the defendant for an egregious violation and to deter others from repeating the same actions in the future. Punitive damages are not offered in all cases. A successful claim will require strong evidence that the defendant acted with a conscious disregard for the safety of others.
Liability
When you are injured in an accident in a car the person or organization responsible for your injuries will be liable to pay you compensation. This includes money for medical expenses, property damage, loss of income as well as non-economic damages such as pain and suffering. In the majority of cases, it will be the driver that caused the crash. However, it is 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 damage amount according to the percentage.
It is crucial that you can demonstrate what transpired to an insurance company, or to a jury or judge. This is referred to as the burden of proof. The plaintiff is responsible for the burden of proof. You must present evidence to prove that your accident took place.
A government entity can be liable for an accident. This can occur when a highway is not maintained properly or designed and contributes to an accident. These claims are also called roadway defect cases. Sometimes, manufacturers are at fault in these claims as well. They could be held accountable for defects such as brakes, tires and mechanical failure.
At-fault driver citations
A police officer is often able to determine who caused an incident by looking at the scene of the accident and interviewing witnesses. If they suspect that a driver has violated traffic laws, they could issue a ticket. Insurance companies may also review police reports to help determine fault.
Following an accident, it is normal for drivers to point fingers at each other. This can be harmful. This may not only give the other driver a bad impression and could cause you to admit guilt in court.
In most car accidents, there are usually two or more parties that share a certain amount of responsibility. This is why many states adhere to modified comparative fault rules that permit the claimant to claim damages less their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant fault in an accident. This could decrease the potential 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. 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 types of evidence to show that an other driver was negligent and caused you harm. You will need witness testimony, evidence from the accident scene and medical documents to show your injuries.
Police reports
When law enforcement officers visit the scene of a car accident they will complete an official police report. These reports contain both the facts and opinions noted by the officers who were on the scene at the time of the accident. This is a crucial document for any claim for auto accidents. Insurance companies will study the report as well to determine the cause of the accident and to pay compensation to the victims.
In accordance with the region, police report are acceptable or not admissible in court. The police report contains testimony from people who aren't legally sworn as witnesses. These statements must be included in an exception to the hearsay law in order to be used as evidence.
A typical report from a police officer includes information about the driver, vehicles as well as the victims of the crash, as well as an account of the incident and any evidence found at the scene. A majority of police reports contain the officer's opinion about the reason for the accident and who's at fault.
If you're not injured it is recommended that you always complete a police investigation for any incident you're involved in even if the incident appears to be minor. auto accident attorneys maine don't show up in a hurry and having a solid record can make a big difference in getting you the money you deserve for medical expenses.