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Auto Accident Legal Matters Contact an experienced attorney right away If youve suffered injuries in a car accident Your attorney can explain your rights and assist you get the compensation that you are entitled to All drivers are responsible to obey traffic laws When they breach that duty and cause harm they are held accountable Damages Generally speaking there are two types of damages that could result from a car crash auto accident attorney phoenix of damage known as special damages comes with a value in dollars that can be easily determined Things like medical bills loss of wages vehicle repairs are examples for special damages The second kind referred to as noneconomic damages are more difficult to quantify They include things like pain and suffering To be eligible for compensation for noneconomic losses you must be able establish that your injuries were serious enough to warrant such an award This is a challenging task and the injured party must be represented by a lawyer One of the most common forms of noneconomic damages is the loss of enjoyment of life Its usually a financial amount that is a reflection of a diminished quality of living as a result accidentrelated injuries This could include the inability of the victim to take part in activities that were once pleasurable such as driving In some cases victims may seek punitive damages This type of damages is intended to punish the perpetrator and deter future acts that are equally egregious Punitive damages are not available in all instances A successful claim will require strong evidence that the defendants actions were carried out with conscious disregard for the safety of others Liability If you are injured in an accident involving a vehicle the person responsible for your injuries is responsible to compensate you This includes reimbursement for medical expenses property damages lost income and other damages like pain and discomfort In most cases the driver who caused a accident will be the one responsible It is not uncommon for the two drivers to share responsibility Some states have laws called comparative negligence where the jury determines each drivers percentage and adjusts the damages awarded accordingly It is essential to demonstrate what transpired to an insurance company or to a jury or judge The burden of proof is what we call it The plaintiff is the one who bears the burden of proving You have to provide evidence to prove that the incident took place Another type of case that can be filed is when a government institution is at fault for the accident This can occur when a roadway has been poorly designed or maintained and this results in an accident These claims are also called road defect cases These types of claims may also be brought by manufacturers They may be liable for defects in cars such as brakes tires and mechanical failure Atfault driver citations An officer can often determine who was the culprit by analyzing the accident scene and interviewing witnesses If they believe a driver is in violation of traffic laws they could issue a ticket Insurance companies may also review police reports to help them determine who is at fault It is normal for drivers to point fingers at each other following an accident This can be harmful This can not only give the driver behind you a bad impression and could lead to you admitting guilt in court In the majority of car accidents there are usually two or more people who share a percentage of responsibility This is the reason why most states follow modified comparative fault rules that allow the victim to seek compensation for damages minus their percentage of fault A traffic citation could be used by an insurance adjuster to increase the percentage of claimant responsible for an accident This could reduce the chance of recovering compensation for injuries The fact that someone is mentioned in the aftermath of a car accident could be powerful evidence that they were the cause of the crash Its not an assurance that a personal injury case will be successful Based on the circumstances of your case other types of evidence may be needed to prove that the other driver was negligent and caused injury to you You will need witness testimony evidence at the scene of the accident and medical documents to prove your injuries Police reports When officers from the police arrive at a car crash site they fill out an official report The reports will contain both facts and opinions gathered by officers who were on the scene at the time of the crash This is a crucial document for any claim for auto accidents Insurance companies will also examine the report for fault and compensation According to the region police report are admissible or not in court The police report includes statements that arent officially sworn in as witnesses For these statements to be used in a legal case they must be covered by one of the exemptions to hearsay law A typical police report will include details about the driver the vehicles and the victims involved in the crash as well as an account of what transpired and any evidence found on the scene A majority of police reports contain the officers opinions on the cause of the crash and whos to blame Even if youre not injured it is still recommended to file a police accident report even if the incident seems minor Documentation is important since not all injuries are visible immediately
