Auto Accident Legal Matters
If you've been injured as a result of an auto accident, call an experienced attorney as quickly as possible. An attorney can assist you to understand your rights and receive the compensation you deserve.
Every driver is responsible for adhering to traffic laws. They are held accountable if do not abide by this obligation and cause harm.
Damages
In general, there are two different kinds of damages that could result from an accident. The first, known as special damages, have a precise dollar amount that is easy to calculate. Special damages can include medical bills loss of wages, repairs to vehicles. The second type, which is referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.
In order to be compensated for non-economic losses, you must be able establish that your injuries were severe enough to warrant this award. This is a difficult task, and the person who has suffered must be represented by an attorney.
Loss of enjoyment is one of the most frequent non-economic damages. It is typically a financial amount that represents a lower quality of life because of injuries resulting from accidents. It also can result in the inability of participating in certain activities, such as driving, that were once enjoyable.
In some cases victims could be able to sue for punitive damages. This kind of compensation is designed to punish the defendant and discourage any further actions that are just as bad. Punitive damages may not be available in every case and a successful claim relies on the strength of evidence that proves the defendant committed a crime with a clear disregard for the safety of others.
Liability
If you suffer injuries in an automobile accident, the person responsible for the injuries you sustained is responsible to pay you. This includes compensation for medical costs or property damage, loss of income, as well as non-economic damages such as discomfort and pain. In most cases, this will be the driver who caused the accident. However, it's not uncommon for both drivers to share some blame. Certain states have laws known as comparative negligence, in which a jury determines the percentage of each driver and adjusts the damages awarded according to the percentage.
It is important to show to the satisfaction an insurance company, judge and jury what occurred. This is known as the burden of proof. The plaintiff bears the burden of proving. You must prove to prove that the incident took place.
Another type of case that could be filed is when a governmental entity is responsible for the accident. This can occur when a road is not properly designed or maintained and this can cause an accident. These types of claims are also referred to as road defect cases. Sometimes, manufacturers are accountable in these kinds of claims as well. They may be liable for car-related defects such as brakes, tires and mechanical failure.
At-fault driver citations
A police officer is often able to determine the cause of an incident by analyzing the scene of the accident and interviewing witnesses. They can issue tickets if they believe a driver violated traffic laws. Insurance companies will also review police reports to identify the source of the fault.
It is natural for drivers to blame one another following an accident. This can be detrimental. This may not only give the driver in front of you a bad impression however, it could also cause you to confess guilt in court.
In the majority of car accidents there are two or more parties who share some level of responsibility. Most states have modified comparative-fault rules that permit claimants to receive damages that are less than their percentage of blame. auto accident lawyer oxnard may apply a traffic citation to increase a claimant's share of blame for the accident which could limit their payout for their injuries.
The fact that someone is cited following a car crash could be powerful evidence that they caused the crash. However, it's not a guarantee of the outcome of a personal injury lawsuit. Based on your particular case additional evidence may be required to show that the other driver was negligent and caused injury to you. This could include witnesses' testimony, evidence from the scene of the accident as well as medical records regarding your injuries.
Police reports
When law enforcement officers attend the scene of a car accident they will fill out an official police report. These reports include both the facts and opinions taken note of by the officers who were on the scene at the time the accident took place. This report is essential for any claim involving an auto accident. Insurance companies will scrutinize the report as well to determine the fault and compensate the victims.
Depending on jurisdiction, police reports could be accepted in court. The police report contains statements from people who aren't sworn in as witnesses. In order for these statements to be considered as evidence in a legal context, they must fall under one of the exemptions to hearsay law.
A typical report from a police officer includes details regarding the driver, the vehicles and the victims involved in the crash, along with a description of the incident and any evidence that was found at the scene. The majority of police reports include the officer's views on how the accident occurred and who is most to blame.
Even if you're not injured, it's in your best interests to file a police accident report even if the incident seems to be minor. Some injuries don't show up right away, and having solid documentation can go a long way toward helping you claim the amount you are due for your medical expenses.