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Auto Accident Legal Matters Contact an experienced attorney right away if you have been injured in a car crash Your lawyer can help you to understand your rights and receive the compensation that you deserve Every driver is required to follow traffic laws When they breach that duty and cause injury they can be held responsible Damages In general there are two kinds of damages that could result from an auto accident The first known as special damages are characterized by a clear dollar amount that is easy to calculate Special damages include medical bills or lost wages as well as repairs to vehicles The second type of damages referred to as noneconomic damage is more difficult to quantify They include things like suffering and pain In order to be compensated for noneconomic losses you must be able prove that your injuries were serious enough to warrant this award This is a daunting task and the injured must be represented by an attorney Loss of enjoyment of life is one of the most frequent noneconomic damages It is usually the amount of money reflected in the reduced quality of life resulting due to injuries caused by accidents This includes the inability of the victim to perform activities that were once pleasurable like driving In some cases victims may be allowed to sue for punitive damages This kind of compensation is intended to penalize the defendant and deter any future actions that are just as bad Punitive damages may not be available in all instances A successful claim will require evidence that the defendant acted with a conscious disregard for the safety of others Liability If you suffer injuries in an accident in a car the person or entity responsible for your injuries will be held accountable to pay you compensation This includes reimbursement for medical expenses as well as property damage lost income and any other noneconomic damage such as discomfort and pain In most cases this will be the driver who caused the crash It is not uncommon for two drivers to share responsibility Some states have laws called comparative negligence In these cases a jury determines each drivers percentage and adjusts the damage amount in accordance with the percentage It is essential that you show to the satisfaction an insurance company or a jury or judge what took place The burden of evidence is what we call it The burden falls on the person making the claim namely the plaintiff and demands that you provide evidence of how your accident happened Another type of case that can be filed is when a government entity is at fault for the accident This could happen when a road is not properly constructed or maintained and this causes an accident These claims are also called roadway defect cases Sometimes the manufacturers are responsible in these types of claims too They may be liable for defects in cars such as brakes tires and mechanical failure Atfault driver citations An officer can often determine who caused an incident by analyzing the accident scene and interviewing witnesses They may write tickets if they believe that a driver has violated traffic laws Insurance companies also review police reports to help them determine fault After an accident its normal for drivers to point at each other This can be harmful Apart from giving the other driver a negative impression it could lead to an admission of guilt that could be used against you in court In most car accidents there are at least two people who share a percentage of blame A majority of states have modified comparativefault rules which allow claimants to recover damages that are less than their percentage of fault An insurance adjuster can sometimes utilize a traffic ticket to increase a claimants percentage fault in the accident which can reduce their payout for their injuries The fact that someone is mentioned in a car crash could be proof that they are responsible for the accident Its not an assurance that a personal injury case will be successful Depending on the circumstances of your case you may need other types of evidence to prove that the other driver was negligent and caused you harm You will need witness testimony evidence from the scene of the accident and medical documents to show 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 the facts and opinions gathered by officers who were on the scene at the time of the collision This is a vital document to be used in any auto accident claim Insurance companies will also examine the report for fault and compensation In accordance with the jurisdiction police reports are admissible or not in court The police report may contain statements from individuals who havent been legally sworn as witnesses These statements must fall under an exception to the hearsay law to be admissible as evidence auto accident lawsuit orem will include information about the vehicle driver and the victims who were involved in the crash as well as the details of the incident and any evidence that was discovered at the scene Many police reports also contain the officers views on how the accident occurred and who is to blame for it Even if you dont feel injured it is still recommended to file a police accident report even if the incident seems to be minor Documentation is important because there arent all injuries obvious immediately
