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How to Build an Auto Accident Legal Claim In deciding whether to file a lawsuit an attorney for car accidents will examine all ways your injuries have impacted your life auto accident lawsuit manteca includes medical costs now and in the future loss of wages emotional effects A lawyer who has extensive experience in preparing negotiating and settling cases involving car accidents is essential Insurance companies know that lawyers who are willing to go to trial will fight to get the maximum compensation Traffic collisions A traffic collision is any kind of accident involving one or more vehicles These accidents could include pedestrians animals road debris stationary obstacles like poles or buildings They can also occur on private or public roads Traffic accidents could be accidental or deliberate Some examples of intentional trafficrelated crimes are vehicular homicide and suicide by vehicle According to the NYC Open Data initiative car crashes are among the most common types of accidents that occur in New York City The city maintains an online database of all reported motor vehicle accidents It includes information about the date and time of the collision the location and the severity of the collision It is important to report all traffic accidents even those that appear minor You could lose your right to compensation if fail to report the crash Failing to report a collision can result in a suspension of your license or other penalties It is crucial to contact the police and take photographs of the accident scene should you be involved in an accident You should also collect all the information about the other driver including their insurance company If you are unable to find the other driver you may file a claim using your own auto insurance or a policy for a family member You may also be in a position to file an claim through the states special fund for people who are seriously injured called the New York Motor Vehicle Accident Indemnification Corporation MVAIC Atfault driver citations In states with rules based on fault the insurance company of the atfault driver covers medical and repair costs for the other drivers involved in the crash However there are other forms of compensation you can claim for the damages resulting from the crash In these instances you will need to prove that the other driver was negligent Traffic citations can be a powerful way to prove it In the majority of police departments officers have the option of deciding whether they issue a driver tickets following an accident If they believe that the driver was the cause of the accident through committing an infraction to the speed limit and they decide to issue tickets The nature of the offense influences the determination of the responsibility of the insurance company Some states have contributing factor boxes in accident reports where police can assign a percentage of blame to a driver involved in an incident For instance if you were struck by a motorist who was accelerating through a red light and you had the chance to get away from the path but did not take the opportunity you could be given a percentage of blame for the accident A skilled personal injury lawyer can prove that the other driver violated their duty of care by driving unsafely and not observing road rules You could then seek damages to cover your physical and mental injuries If your losses are greater than the liability insurance coverage you are able to file suit against the driver who is at fault Counterclaims When a car accident occurs and the parties involved are faced with only a short amount of time to pursue legal action These deadlines may differ from state to state however a lawsuit filed within the right time frame could be a great way to get compensation for the losses and injuries caused by the collision A lawyer with experience can help you negotiate with insurance companies and even take your case to court Your lawyer and you will begin the legal process by filing an police report The report is a crucial document that includes an overview of the incident data and evidence that was gathered at the scene witness statements and more It is often used by insurance companies and attorneys to determine fault and what kinds of damages you could be entitled to claim When your attorney files the report and both parties will engage in a series of discussions known as discovery This is when your attorney will ask questions of the representatives of the defendant and collect information regarding their version of events including their assessment of the severity of your injuries Your lawyer can also request expert opinions to support your claims and add credibility to your case Filing a counterclaim is an often used strategy for atfault parties who want to tilt the balance in their favor This is particularly common in states with amended law on comparative negligence that oblige victims to prove they are not more than 51 percent at fault for the accident Comparative negligence Figuring out who is at fault in the cause of a car crash can be confusing and often times difficult This is especially true for states with shared fault or laws of comparative negligence According to the law of comparative negligence an injured person can receive compensation less their share of the blame for the accident If you are found to be 20 negligent your compensation will be reduced by an amount of 80 New York is a state that has a strict policy of recognizing the concept of comparative negligence If your case is brought to court the judge and jury will compare the amount of fault each party has contributed to the accident and then reduce the amount of damage awarded by the same amount Insurance companies also apply standards of comparative fault when evaluating third party claims There are three general kinds of comparative negligence pure comparative neglect modified comparative fault and contributory negligence Most states including Texas follow the modified comparative fault rule Prior to 1995 Texas followed the traditional Joint and Several Liability Rule that held each tortfeasordefendant accountable for the total amount of the victims damages Your attorney will ask questions in person to witnesses medical professionals and police officers who were involved in the crash through a process called depositions They will assist your legal team construct a case for your auto accident Your testimony will help strengthen your case
