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Auto Accident Legal Matters If youve suffered injuries in a car accident contact an experienced attorney as quickly as you can Your lawyer can assist you to understand your rights and receive the compensation you are entitled to All drivers are obliged to obey traffic laws They are accountable if they break this duty and cause harm Damages In general there are two kinds of damages that could result from an accident The first type referred to as special damages are characterized by a clear dollar amount that is easy to determine Special damages can include medical bills loss of wages vehicle repairs The second type of damage referred to as noneconomic damages are more difficult to quantify These include things such as pain and suffering To be eligible for compensation for noneconomic losses you must be able prove that your injuries were serious enough to warrant such an award This is a challenging task and the person who was injured should be represented by a lawyer auto accident attorneys ontario of enjoyment is among the most frequently reported noneconomic damages Its usually a financial amount that represents a lower quality of life as a result accidentrelated injuries This could include the inability of the victim to engage in activities that were once enjoyable such as driving In a few cases victims may be allowed to sue for punitive damage These damages are intended to punish the defendant and deter any future actions that are equally egregious Punitive damages are not available in all instances A successful claim requires evidence that the defendants actions were carried out with conscious disregard for others safety Liability If youre injured in a car accident the person responsible for the injuries you sustained is responsible to pay you This includes compensation for medical expenses or property damage as well as loss of income and other noneconomic damages like pain and suffering In the majority of cases it will be the driver that was responsible for the crash However its not uncommon for the two drivers to share some blame Some states have laws that are called comparative negligence where a jury determines the percentage of each driver and adjusts the amount of damage according to the percentage It is crucial to prove what happened to an insurance company or to a judge and jury This is known as the burden of proof The burden is placed on the person who is making the claim the plaintiff and it requires you to present proof of how the accident occurred A government institution can also be held responsible for an accident This could be the case when a road is not properly maintained or designed and causes an accident These kinds of claims are also referred to as roadway defect cases Sometimes the manufacturers are the ones to blame in these types of claims as well They could be held liable for the defects in brakes tires and mechanical failure Atfault driver citations Most of the time police officers can determine the cause of an accident by analyzing the scene of the accident and interviewing witnesses If they suspect that a driver has violated traffic laws they may issue a ticket Insurance companies could also use police reports to determine fault Following an accident it is normal for drivers to point fingers at each other This can be harmful This could not only give the other driver a bad impression but it could also cause you to admit guilt in court In the majority of car accidents there are two or more parties that share a certain amount of fault This is why most states follow modified comparative fault rules that allow the claimant to seek compensation for damages minus their portion of the fault Insurance adjusters can make use of a traffic citation in order to increase a claimants percentage blame for the accident which could reduce their potential compensation for their injuries The fact that someone is mentioned in the aftermath of a car accident could be evidence that they were the cause of the crash However it is not a guarantee of the outcome of a personal injury lawsuit Depending on the situation other types of evidence may be needed to prove that the other driver was negligent and injured you Witness testimony evidence from the accident scene and medical records to prove your injuries Police reports When officers from the police arrive at a vehicle accident site and are asked to fill out an official report These reports include both facts and opinions noted by the officers on the scene at the time the incident occurred This is a crucial document for any claim for auto accidents Insurance companies will study the report to help determine the cause of the accident and to pay compensation to the parties who have been injured Depending on the location police reports are admissible in court or not The main reason is that the police report contains statements from people who are not sworn witnesses in court In order for these statements to be used in a legal proceeding they must fall within one of the exceptions to hearsay law A typical police report will include information regarding the driver vehicles and the people involved in the crash as well as an account of what transpired and any evidence discovered on the scene The majority of police reports include the officers views on what caused the crash and who is the most to blame for it If you are not hurt it is ideal to always make a police report of any accident that you are involved in even if it appears to be a minor Not all injuries show up immediately and having solid documentation can make a big difference in getting you the money you deserve for medical expenses
