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Auto Accident Legal Matters If youve suffered injuries in an automobile accident consult an experienced attorney as quickly as possible Your lawyer can explain your rights and assist you get 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 could result from a car accident The first called special damages have a clear dollar value that is easy to calculate Items like medical bills lost wages and vehicle repairs are examples for special damages The second kind of damages that are referred to as noneconomic damages is more difficult to quantify auto accident attorneys sioux falls include things like suffering and pain In order to be compensated for noneconomic losses it is necessary to show that your injuries were serious enough to warrant such an award This is a daunting job and the person who was injured must be represented by an attorney Loss of enjoyment is among the most frequently reported noneconomic damages It is typically a financial amount that reflects a reduced quality of life because of injuries resulting from accidents It also involves the inability to take part in certain activities such as driving which were once enjoyable In rare cases victims may be capable of suing for punitive damages The purpose of this type of damage is designed to punish the defendant and discourage future acts that are equally egregious Punitive damages may not be available in every case and a successful claim depends on the strength of evidence that proves the defendant committed a crime with a clear disregard for other peoples safety Liability If you are injured in an auto accident the person responsible for the injuries you sustained is responsible to pay you This includes compensation for medical expenses as well as property damage loss of income and other noneconomic damage like pain and suffering In the majority of cases it will be the driver that caused the crash However it is not uncommon for both drivers to share a portion of the blame Some states apply whats known as comparative negligence laws where jurors will determine the respective percentage of blame for each driver and adjust the damage amount accordingly It is vital to demonstrate to the satisfaction of an insurance company or a jury or judge what happened This is known as the burden of evidence The burden is placed on the person who is making the claim the plaintiff and demands that you provide evidence of how your accident happened A government entity can be liable for an accident This can happen when a road is not properly designed or maintained and this results in an accident These kinds of claims are also referred to as roadway defect cases Sometimes manufacturers are at fault in these types of claims too They could be held responsible for defects such as brakes tires and mechanical failure Atfault driver citations An officer will usually determine the cause by looking at the scene of the accident and interviewing witnesses If they believe a motorist has broken traffic laws they can issue a citation Insurance companies can also use police reports to determine fault It is natural for drivers to point fingers at one another following an accident However this could be detrimental In addition to giving the driver a negative impression it could result in an admission of guilt which could be used against you in court Most car accidents can involve two or more people with varying degrees of blame Many states have modified comparativefault rules which allow claimants to recover damages that are less than their percentage of fault A traffic citation can be used by an insurance adjuster to increase the percentage claimant fault in an accident This could reduce the possibility of a payout for injuries The fact that someone is mentioned in a vehicle crash could be a strong proof that they were responsible for the crash However its not an assurance of the outcome of a personal injury lawsuit Depending on the circumstances of your case you may require other types of evidence to prove that the negligence of another driver caused you harm This could include witness testimony evidence taken from the site of the accident as well as medical records detailing your injuries Police reports When law enforcement officers attend the scene of a car crash they will fill out an official police report The reports contain both the facts and opinions that were recorded by the officers at the scene when the incident occurred This is a crucial document for any claim involving an auto accident Insurance companies will also examine the report to determine fault and compensation Depending on the region police report are admissible or not The police report contains testimony from individuals who havent been certified as witnesses In order for these statements to be considered as evidence in a legal context they must fall under one of the exemptions to hearsay law A typical police report will include information about the driver the vehicles and victims involved in the accident as well as an account of what transpired and any evidence found on the scene The majority of police reports include the officers opinion on how the crash happened and whos to blame If youre not injured it is the best option to always submit a police report after any accident that you are involved in even if it appears to be a minor It is crucial to document the incident because there arent all injuries visible immediately
