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Auto Accident Legal Matters Contact an experienced attorney immediately if you have been injured in a car accident Your attorney will explain your rights and assist you receive the compensation you need Every driver is required to obey traffic laws They are held accountable if break this duty and cause harm Damages Generally speaking there are two types of damages that may result from a car crash The first type known as special damages have a dollar value that is easily calculated Special damages can include medical bills lost wages and vehicle repairs The second kind of damage which is referred to as noneconomic damage is more difficult to quantify They include things like pain and suffering To receive compensation for noneconomic losses you must be able prove that your injuries were severe enough to warrant this award This is a challenging task and the injured person must be represented by an attorney Loss of enjoyment of life is among the most commonly reported noneconomic losses This is usually a financial amount that indicates a decreased quality of living due to injuries sustained in accidents This also includes the inability to participate in certain activities like driving that were once enjoyable In auto accident lawsuit lawton might be capable of suing for punitive damage These damages are intended to penalize the defendant and deter any future actions that are equally egregious The possibility of punitive damages is not available in every case and a successful claim depends on strong evidence showing that the defendant committed a crime with a clear disregard for other peoples safety Liability If youre injured in an automobile accident the person responsible for your injuries is responsible to pay you This includes compensation for medical expenses as well as property damage lost income as well as noneconomic damages like discomfort and pain In the majority of cases it is the driver who caused the crash It is not uncommon for two drivers to share the blame Some states have laws that are called comparative negligence where the jury decides on the proportion of each drivers share and adjusts the damages awarded in proportion It is crucial that you prove what happened to an insurance company or to a jury or judge This is referred to as the burden of evidence The burden is placed on the person making the claim the plaintiff and it demands that you provide proof of how the crash occurred Another kind of case that can be filed is when a government institution is the one responsible for the accident This could occur when a highway is poorly maintained or designed which can lead to an accident These are also known as roadway defect cases These kinds of claims could also be brought by manufacturers They may be responsible for car defects such as brakes tires and mechanical failure Atfault driver citations In most cases an officer is able to determine who caused an accident by analyzing the scene of the crash and questioning witnesses If they believe a motorist has violated traffic laws they can issue a citation Insurance companies will also review police reports to help determine who is at fault It is common for drivers to point fingers at one another after an accident But this can be harmful While giving the other driver a bad impression it could lead to an admission of guilt which could be used against you in court Most car accidents can be caused by two or more people who share a certain amount of responsibility This is the reason that most states follow modified comparative fault rules that allow the claimant to claim damages less their percentage of fault An insurance adjuster can sometimes apply a traffic citation to increase a claimants percentage blame for the accident which could limit their payout for their injuries The the fact that a person is cited after a car accident may be powerful evidence that they caused the crash Its not a guarantee that a personal injury lawsuit will be successful Depending on the circumstances of your case you may require other forms of evidence to show that an other driver was negligent and caused harm to you You will need witness testimony evidence at the scene of the accident and medical records to show your injuries Police reports When officers from the police arrive at a car accident site they fill out an official report These reports include both the details and opinions recorded by the officers at the scene when the accident took place This is an important document to be included in any auto accident claim Insurance companies will review the report as well to determine the cause of the accident and to pay compensation to the parties who have been injured In accordance with the area of jurisdiction police reports can be admissible in court or not The police report may contain statements of people who havent been legally sworn as witnesses To be able to be used in a legal proceeding they must fall under one of the exemptions to hearsay law A typical police report includes details regarding the driver the vehicles and the victims who were involved in the crash along with the details of the incident and any evidence discovered at the scene Many police reports include the officers opinions on the cause of the crash and whos responsible for the incident If youre not injured it is in your best interest to always make a police report of any accident that you are involved in even if it appears minor Not all injuries are apparent immediately and having solid documentation can go a long way toward helping you win the amount you are due for your medical expenses
