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Auto Accident Legal Matters Contact an experienced attorney right away when you've been injured in a car crash. An attorney can explain your rights and help to get the compensation you need. All drivers are required to follow traffic laws. They are held accountable if do not abide by this obligation and cause harm. Damages In general, there are two different types of damages that can result from an accident. The first, referred to as special damages, have a specific dollar value that is easy to calculate. Things like medical bills loss of wages, repairs to vehicles are examples of special damages. The second kind of damages which is referred to as non-economic damage is more difficult to quantify. These include things such as suffering and pain. To receive compensation for non-economic losses it is necessary to to show that the injuries suffered were serious enough to warrant the compensation. This is a difficult task and the injured person must be represented by an attorney. Loss of enjoyment of life is among the most common non-economic damages. In general, this is an amount in dollars that represents the lower quality of life resulting as a result of the injuries caused by accidents. This includes the inability for the victim to take part in activities that were once enjoyable like driving. In some cases victims may sue for punitive damages. This type of damage is designed to punish the perpetrator for a particular sloppy act and helps deter other people from doing the same in the future. Punitive damages may not be offered in all cases. A successful claim will require evidence that the defendant was acting with conscious disregard for the safety of others. Liability If you're injured in a car accident the person or organization responsible for your injuries will be held accountable to compensate you. This includes reimbursement for medical expenses or property damage, loss of income, and any other non-economic damage such as discomfort and pain. In the majority of cases, it will be the driver that caused the accident. However, it's not uncommon for the two drivers to share a portion of the blame. Some states have laws that are called comparative negligence, where the jury decides on each driver's percentage and adjusts the damage award in accordance with the percentage. It is important to demonstrate to the satisfaction of an insurance company, juror or judge that the incident occurred. This is known as the burden of evidence. The burden falls on the person who is making the claim – the plaintiff and it demands that you provide proof of how the crash happened. A government entity could also be held accountable for an accident. This can occur when a roadway is poorly maintained or designed and contributes to an accident. These kinds of claims are also known as road defect cases. Sometimes, the manufacturers are responsible in these claims as well. They could be held accountable for car-related defects such as tires, brakes and mechanical failure. At-fault driver citations Often, an officer can determine who caused an accident by looking at the scene of the accident and interviewing witnesses. They might issue a ticket if they think that a motorist violated traffic rules. Insurance companies will also examine police reports to help determine the cause of the incident. After an accident, it is normal for drivers to point fingers at each other. However, this can be detrimental. In addition to giving the driver a negative impression it could lead to an admission of guilt which could be used against you in court. Most car accidents can involve two or more individuals with varying degrees of responsibility. The majority of states have modified comparative fault rules, which permit claimants to receive damages less their proportion of fault. An insurance adjuster can sometimes apply a traffic citation to increase a claimant's percentage blame in an accident, which could limit their payment for injuries. The the fact that a person is cited after a car accident may be evidence that they caused the crash. However, it's not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may require other forms of evidence to show that another driver was negligent and caused harm to you. This could include witness testimony, evidence taken from the scene of the accident, and medical records detailing your injuries. Police reports When law enforcement officers visit an accident scene they will fill out an official police report. These reports include both the information and opinions noted by the officers on the scene when the accident took place. This report is essential to be used in any auto accident claim. auto accident lawyer victorville will review the report to determine fault and compensation. Based on the jurisdiction, police reports could be admissible in court. The main reason is because the police report includes statements made by people who aren't witnesses in court. These statements must fall within an exception to the law of hearsay in order to be used as evidence. A typical police report contains information about the driver, vehicles, and victims involved in the crash, along with an account of the incident and any evidence that was discovered at the scene. A majority of police reports also include officers' opinions on the circumstances of the crash and who is to blame for it. Even if you're not injured, it is still in your best interests to file a police accident report even if the incident seems minor. Not all injuries are apparent in a hurry and having a thorough record can go a long way toward helping you win the amount you are due for medical expenses.