Don't Make This Silly Mistake With Your Auto Accident Attorney
Auto Accident Legal Matters
If you've been injured in an auto accident, call an experienced attorney as soon as you can. Your attorney will explain your rights and help you get the compensation you deserve.
All drivers have a duty to abide by traffic laws. When they breach that duty and cause harm, they are held accountable.
Damages
In general there are two types of damages that can result from a car accident. The first, known as special damages, are characterized by a clear dollar value that is easy to determine. Special damages are medical bills, lost wages and vehicle repairs. The second type, which is referred to as non-economic damages, are more difficult to quantify. auto accident law firm virginia beach include things like suffering and pain.
To be able to claim compensation for non-economic losses it is necessary to be able to demonstrate that the injuries suffered were serious enough to warrant such an award. This is a difficult task and the person who was injured must be represented by an attorney.
One of the most popular forms of non-economic damages is the loss of enjoyment in life. It is typically a financial amount that indicates a decreased quality of living due to injuries sustained in accidents. This includes the inability for the victim to engage in activities that were once pleasurable like driving.
In some cases, victims can pursue punitive damages. This type of damage is designed to punish the defendant for a particular sloppy act and also to discourage other people from doing the same in the future. Damages for punitive purposes are not available in every case and a successful claim is based on strong evidence showing that the defendant committed a crime with a clear disregard for other people's safety.
Liability
If you are injured in a car accident, the person or entity responsible for your injuries will be liable to pay you compensation. This includes compensation for medical costs as well as property damage, lost income, and any other non-economic damage like discomfort and pain. In most cases, the driver who caused the accident will be responsible. However, it's not unusual for two drivers to share a portion of the blame. Some states follow what is called comparative negligence laws where jurors will determine the proportion of fault for each driver and adjust the amount of damage accordingly.
It is crucial that you can show to the satisfaction an insurance company or judge and jury what occurred. This is referred to as the burden of proof. The plaintiff is responsible for the burden of proof. You must prove to prove that the accident happened.
Another type of case that can be brought is when a government entity is the one responsible for the accident. This can occur when a roadway is poorly designed or maintained and this contributes to an accident. These claims are also called road defect cases. Sometimes, manufacturers are the ones to blame in these types of claims too. They could be held accountable for the defects in brakes, tires, and mechanical failures.
At-fault driver citations
An officer will usually determine the cause by analyzing the scene of the accident and interviewing witnesses. If they believe that a driver has violated traffic laws, they might issue a ticket. Insurance companies can also use police reports to determine the fault.
It is normal for drivers to blame one another following an accident. However, this can be harmful. This can not only give the other driver a negative impression and could cause you to admit guilt in the court.
In most car accidents there are two or more parties that share a certain amount of fault. This is why many states use modified comparative blame rules that permit the claimant to recover damages that are less than their proportion of fault. An insurance adjuster may utilize a traffic ticket to increase a claimant's percentage of fault in the accident, which could reduce their potential settlement for their injuries.
The incident 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 an injury lawsuit. Based on the circumstances of your case, you may require additional types of evidence to prove another driver was negligent and caused harm to you. Witness testimony, evidence at the accident scene and medical documents to prove your injuries.
Police reports
When law enforcement officers attend the scene of a car crash they will fill out an official police report. These reports include both the facts and opinions observed by the officers on the scene at the time the incident occurred. This is a crucial document to be included in any auto accident claim. Insurance companies also will review the report to determine the fault and amount of compensation.
Based on the jurisdiction of the police, reports can or may not be admissible in court. The police report contains testimony from people who aren't sworn in as witnesses. These statements must fall within an exception to the law of hearsay to be admissible as evidence.
A typical police report contains details regarding the driver, vehicles and the victims involved in the crash and an account of what transpired and any evidence found on the scene. A majority of police reports contain the officer's opinions on the reason for the accident and who's responsible for the incident.
If you're not injured but you are not injured, it is recommended that you always make a police report of any accident that you are involved in even if it seems to be a minor. Not all injuries are apparent in a hurry and having evidence can be a huge help in getting you the compensation you're entitled to for your medical expenses.