Galion Auto Accident Law Firm Accident Legal Matters

If you've suffered injuries in a car accident, contact an experienced attorney as soon as possible. Your attorney can explain your rights and assist you get the compensation you deserve.

All drivers have a duty to observe traffic laws. If they violate that duty and cause harm, they are liable.

Damages

In general there are two types of damages that may result from an elon auto accident law firm accident. The first type of damage, known as special damages, have an amount that can be easily determined. Things like medical bills, lost wages, and repairs to vehicles are examples of special damages. The second kind of damages, referred to as non-economic damage, is more difficult to quantify. They include things like pain and suffering.

In order to be compensated for non-economic losses, you must be able establish that your injuries were serious enough to warrant this award. This is a challenging task and the victim must be represented by an attorney.

The loss of enjoyment is among the most frequently reported non-economic damages. This is usually a financial amount that is a reflection of a diminished quality of life because of injuries resulting from accidents. It also is the inability to participate in certain activities, such as driving, which were once enjoyable.

In rare cases victims could be in a position to sue for punitive damages. This type of damages is intended to penalize the defendant and deter future acts that are equally egregious. Punitive damages may not be available in all cases and a successful claim relies on evidence that shows the defendant committed a crime with a clear disregard for the safety of others.

Liability

If you are injured in a car accident the person who caused your injuries is liable to compensate you. This includes money for medical expenses as well as property damage, loss of income as well as non-economic damages like suffering and pain. In most cases, the driver who caused the accident will be the one responsible. It is not unusual for two drivers to share blame. Some states have laws called comparative negligence. the jury decides on the proportion of each driver's share and adjusts the damage award in accordance with the percentage.

It is important that you show to the satisfaction an insurance company or jury or judge what took place. This is referred to as the burden of proof. The burden is placed on the person who makes the claim, namely the plaintiff and it requires you to provide evidence of how your accident occurred.

A government agency can be liable for an accident. This can happen when a road is not properly constructed or maintained and can cause an accident. These types of claims are also known as road defect cases. These kinds of claims can also be brought by manufacturers. They could be held liable for defects such as brakes, tires and mechanical failure.

At-fault driver citations

An officer will usually determine the cause of an incident by analyzing the scene and interviewing witnesses. If they suspect that a driver has violated traffic laws, they could issue a ticket. Insurance companies may also use police reports to determine fault.

It is natural for drivers to point fingers at one another after an accident. This can be detrimental. While giving the other driver a bad impression, it could lead to an admission of guilt which could be used against you in court.

The majority of car accidents be caused by two or more people who share some degree of blame. This is why most states use modified comparative blame rules that permit the claimant to claim damages less their portion of the fault. A traffic citation could be used by an insurance adjuster to increase the percentage of responsible for lawsuits an accident. This can reduce the amount of compensation for injuries.

The fact that someone is mentioned in a vehicle accident could be evidence that they are responsible for the accident. However, it's not a guarantee of the outcome of an injury lawsuit. Depending on the situation, other types of evidence may be required to prove that the other driver was negligent and caused injury to you. You will need witness testimony, evidence from the scene of an accident 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. These reports contain both facts and opinions noted by the officers on the scene at the time of the crash. This is a crucial document to be included in any claim for auto accidents. Insurance companies will study the report as well to determine fault and compensation for the parties who have been injured.

In accordance with the area of jurisdiction, police reports can be acceptable or not admissible in court. The police report may contain statements from people who aren't sworn in as witnesses. These statements must be included in an exception to the hearsay law in order to be used as evidence.

A typical report from a police officer includes information about the car, driver as well as the victims of the crash, as well as the details of the incident and any evidence found at the scene. A majority of police reports also include the officer's views on what caused the crash and who is the most responsible for the incident.

Even if you're not injured, it's in your best interests to make a police report, even if the accident appears to be minor. Documentation is essential because not all injuries are visible immediately.