7 Simple Tips For Making A Statement With Your Auto Accident Attorney
Auto Accident Legal Matters
Get in touch with an experienced attorney as soon as possible when you've been injured in a car accident. Your attorney will explain your rights and help you get the compensation you are entitled to.
All drivers have a duty to observe traffic laws. If they violate that duty and cause harm, they are held accountable.
Damages
In general there are two types of damages that can result from an auto accident. The first type of damages called special damages, has an amount that is easily determined. Items like medical bills or lost wages as well as repairs to vehicles are examples of special damages. auto accident attorneys chattanooga of damage, referred to as non-economic damages, is 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 essential to be able to prove that the injuries suffered were serious enough to merit the award. This is a difficult task and the person who was injured should be represented by an attorney.
Loss of enjoyment of life is among the most frequently reported non-economic damages. This is usually a financial amount that represents a lower quality of living because of injuries resulting from accidents. Also, it involves the inability to take part in certain activities, such as driving, which were once enjoyable.
In a few cases victims may be able to sue for punitive damage. This type of damage is intended to punish the defendant for a particularly egregious act, and serves to deter other people from doing the same in the future. Punitive damages are not available in all cases, and a successful claim relies on strong evidence showing that the defendant acted with a conscious disregard for other people's safety.
Liability
If you are injured in an accident in a car and are injured, the person or company responsible for your injuries will be liable to pay you compensation. This includes reimbursement for medical expenses, property damages, lost income, and non-economic damages such as discomfort and pain. In most cases, the driver that caused the accident will be responsible. It is not uncommon for two drivers to share the blame. Certain states have what are called comparative negligence laws. In these, the jury will decide the respective percentage of blame for each driver and adjust the damage amount according to that.
It is crucial that you show to the satisfaction an insurance company or jury or judge what happened. This is referred to as the burden of proof. The burden is placed on the person making the claim, which is the plaintiff and demands that you provide the evidence that demonstrates how your crash happened.
A government entity could also be held accountable for an accident. This could happen when a road is not properly maintained or designed which can lead to an accident. These claims are also called roadway defect cases. Sometimes, the manufacturers are accountable in these kinds of claims too. They could be held accountable for car defects such as tires, brakes and mechanical failure.
At-fault driver citations
In most cases, an officer is able to determine who was the cause of an accident by analyzing the scene of the crash and questioning witnesses. They may write tickets if they believe a driver violated traffic laws. Insurance companies may also use police reports to determine the fault.
It is natural for drivers to blame one another following an accident. However, this could be detrimental. In addition to giving the driver a negative impression, it could result in an admission of guilt, which could be used against you in court.
In most car accidents there are usually two or more parties sharing a portion of fault. Most states have modified comparative-fault rules, which allow claimants to recover damages that are less than their percentage of blame. Insurance adjusters can make use of a traffic citation in order to increase a claimant's share of fault in the accident, which may reduce their payout for their injuries.
The fact that someone is cited in a car crash could be a strong proof that they were responsible for the accident. It's not any guarantee that a personal injury case will be successful. Depending on your case other evidence may be required to establish that the other driver was negligent and injured you. You will need witness testimony, evidence from the accident scene and medical records to show your injuries.
Police reports
If law enforcement officers are at an accident scene, they will fill out an official police report. The reports include both information and opinions gathered by officers on the scene at the time of the crash. This is an important document for any auto accident claim. Insurance companies will also examine the report to determine fault and the amount of compensation.
Based on the jurisdiction of the police, reports could or might not be admissible in court. The main reason is because the police report contains statements by people who aren't witnesses in court. To allow these statements to be used in a legal proceeding they must fall within one of the hearingsay exceptions under law.
A typical police report contains information about the driver, vehicles and the people involved in the crash along with the details of what happened and any evidence discovered on the scene. A majority of police reports also include the officer's opinion on how the accident occurred and who is responsible for the incident.
Even if there is no indication that you are injured, it's beneficial to submit a police accident report even if the incident seems minor. Documentation is important because there aren't all injuries visible right away.