Auto Accident Legal Matters
Contact an experienced attorney immediately if you have been injured in a car accident. Your attorney can explain your rights and help you receive the compensation you need.
All drivers are accountable for adhering to traffic laws. They are held accountable if break this duty and cause harm.
Damages
In general, there are two types of damage that can result from a car accident. The first type of damage called special damages, comes with the value of a dollar that can be easily calculated. Special damages are medical bills as well as lost wages and vehicle repairs. The second type of damage, referred to as non-economic damages are more difficult to quantify. These include things such as pain and suffering.
In order to receive compensation for losses that are not economic, it is essential to to prove that the injuries sustained were serious enough to warrant the award. This is a challenging task, and the person who has suffered must be represented by an attorney.
One of the most frequent kinds of non-economic damages is the loss of enjoyment of life. This usually involves an amount of money that represents the reduced quality of life resulting due to injuries caused by accidents. This could include the inability of the victim to take part in activities that were once pleasurable, such as driving.
In some cases victims may be able to seek punitive damages. This type of damage is intended to punish the defendant for a particularly indecent act and also to discourage other people from doing the same in the future. The possibility of punitive damages is not available in all cases, and a successful claim is based on the strength of evidence that proves the defendant acted with conscious disregard for other people's safety.
Liability
If you suffer injuries in a car accident the person or entity responsible for the injuries you sustained will be responsible to pay you compensation. This will include money for medical expenses or property damage, as well as loss of income and noneconomic damage like pain and suffering. In the majority of cases, it will be the driver that caused the accident. It is not uncommon for two drivers to share the blame. Some states follow what is called comparative negligence laws. In these, jurors determine the respective percentage of blame for each driver and adjust the amount of damage in accordance with that percentage.
It is vital to prove to the satisfaction of an insurance company, jury or judge what took place. This is known as the burden of proof. The burden falls on the person who is making the claim - the plaintiff - and it requires you to provide the evidence that demonstrates how your accident occurred.
Another type of case that can be brought is when a government entity is responsible for the accident. This could occur when a roadway is not maintained or constructed properly and contributes to an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are the ones to blame in these types of claims too. They may be held accountable for the defects in brakes, tires, and mechanical failure.
At-fault driver citations
In most cases, an officer is able to determine who was the cause of an accident by looking at the scene of the accident and interviewing witnesses. They might issue tickets if they believe that a driver has violated traffic laws. Insurance companies may also examine police reports to help them determine who is at fault.
After an accident, it's normal for drivers to glare at each other. This can be harmful. auto accident attorney odessa could not only give the driver behind you a bad impression however, it could also lead to you admitting guilt in court.
The majority of car accidents involve two or more individuals who share a certain amount of responsibility. This is the reason that most states adhere to modified comparative fault rules that permit the claimant to seek compensation for damages minus their portion of the fault. An insurance adjuster might make use of a traffic citation in order to increase a claimant's share of blame for the accident which could reduce their potential payout for their injuries.
The fact that someone is cited after a car accident may be powerful evidence that they caused the crash. It's not any guarantee that a personal injury lawsuit will be successful. Depending on the circumstances of your case you may require other types of evidence to show that the negligence of another driver caused you harm. You will need witness testimony, evidence from the scene of the accident, and medical records to prove your injuries.
Police reports
When police officers arrive at a car accident site, they fill out an official report. These reports include both facts and opinions noted by the officers on the scene at the time the accident took place. This is a vital document for any claim involving an auto accident. Insurance companies will study the report to determine fault and compensation for the parties who have been injured.
In accordance with the jurisdiction, police reports are admissible or not in court. The reason for this is that the police report contains statements by people who are not sworn witnesses in court. For these statements to be used in a legal proceeding they must fall within one of the exemptions to hearsay law.
A typical report from a police officer contains information about the driver, the vehicles and the people involved in the accident and the details of what happened and any evidence that was found on the scene. A majority of police reports contain an officer's opinion on the reason for the accident and who is at fault.
If you are not hurt however, it is in your best interest to always submit a police report after any accident that you are involved in, even if it appears to be minor. Documentation is important since there aren't all injuries visible immediately.