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Auto Accident Legal Matters Get in touch with an experienced attorney as soon as possible if you have been injured in a car crash Your lawyer can assist you understand your rights and get the compensation that you deserve All drivers are obliged to observe traffic laws They are held accountable if violate this duty and cause harm Damages Generally speaking there are two types of damages that could result from a car accident The first called special damages have a specific dollar amount that is easy to determine Special damages can include medical bills lost wages and vehicle repairs The second type of damages that are referred to as noneconomic damages is more difficult to quantify They include things like suffering and pain To be eligible for compensation for noneconomic losses you must be able show that your injuries were serious enough to warrant this award This is a difficult task and the injured person must be represented by an attorney One of the most common kinds of noneconomic damage is the loss of enjoyment life Its usually a financial amount that reflects a reduced quality of living due to injuries sustained in accidents This also can result in the inability of participating in certain activities like driving which were once enjoyable In rare cases victims may seek punitive damages The purpose of this type of damage is intended to punish the perpetrator and discourage any further actions that are as egregious Punitive damages may not be available in all cases and a successful claim depends on the evidence that proves the defendant acted with a conscious disregard for other peoples safety Liability If you suffer injuries in a car accident the person or entity responsible for your injuries will be held accountable to compensate you This includes compensation for medical expenses and property damages as well as lost income as well as noneconomic damages such as pain and discomfort In the majority of cases it will be the driver who caused the crash It is not unusual for two drivers to share responsibility Some states have laws known as comparative negligence in which a jury determines the percentage of each driver and adjusts the damage amount accordingly It is crucial that you can demonstrate what transpired to an insurance company or to a jury or judge This is known as the burden of proof The plaintiff is the one who bears the burden of proving You must present evidence to prove that your accident occurred A government entity could also be held responsible for an accident This can happen when a road is not properly designed or maintained and this contributes to an accident These types of claims are also referred to as roadway defect cases Sometimes manufacturers are accountable in these types of claims too They could be accountable for carrelated defects such as brakes tires and mechanical failure Atfault driver citations Most of the time police officers can determine who caused an accident by analyzing the scene of the crash and questioning witnesses They might issue a ticket if they think the driver was in violation of traffic laws Insurance companies also look at police reports to determine who is at fault It is natural for drivers to point fingers at each other following an accident But this can be harmful This could not only give the other driver a bad impression and could result in you committing a crime in the court In the majority of car accidents there are usually two or more parties that share a certain amount of fault This is the reason why most states follow modified comparative fault rules that allow the victim to claim damages less their share of blame A traffic citation can be used by an insurance adjuster to increase the percentage of fault in an accident This can decrease the possibility of a payout for injuries The fact that someone is cited in the aftermath of a car accident could be a strong proof that they were the cause of the crash auto accident lawyer kenner s not a guarantee that a personal injury lawsuit will be successful Based on the circumstances of your case you may require additional types of evidence to show that an other driver was negligent and caused you harm You will need witness testimony evidence from the accident scene and medical records to prove your injuries Police reports If law enforcement officers are at the scene of a car crash they will fill out an official police report The reports will contain both facts and opinions noted by the officers who were on the scene at the time of the accident This report is essential for any claim involving an auto accident Insurance companies will also review the report to determine fault and compensation Based on the jurisdiction of the police reports may or may not be considered admissible in court The main reason for this is that the police report contains statements from people who arent witnesses in court These statements must be included in an exception to the hearsay law to be used as evidence A typical police report contains details about the drivers identity the vehicles and the victims involved in the crash along with a description of what happened and any evidence found at the scene Many police reports also contain the officers views on how the accident occurred and who is the most to blame Even if youre not injured its recommended to submit a police accident report even if the accident seems minor Not all injuries show up immediately and having a thorough record can make a big difference in helping you get the amount you are due for medical expenses
