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Auto Accident Legal Matters Get in touch with an experienced attorney as soon as possible if you have been injured in a car accident. Your lawyer can assist you learn about your rights and help you get the compensation that you deserve. Every driver is required to observe traffic laws. They are held accountable if do not abide by this obligation and cause harm. Damages In general there are two kinds of damages that could result from an automobile accident. The first type, referred to as special damages, have a specific dollar amount that is easy to calculate. Examples of special damages include medical bills, lost wages, and vehicle repair are examples of special damages. The second type, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering. To be eligible for compensation for noneconomic losses, you must be able establish that your injuries were serious enough to warrant this award. This is not an easy task and the person who was injured should be represented by a lawyer. One of the most common types of non-economic damages is the loss of enjoyment in life. In general, this is an amount of money that represents the lower quality of life due to injuries caused by accidents. This includes the inability of the victim to participate in activities that were once enjoyable like driving. In rare instances victims can seek punitive damages. This kind of damage is intended to punish the defendant for an egregious violation, and serves to deter others from similar acts in the future. Damages for punitive intent may not be available in all circumstances. 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 an accident in a car, the person or entity responsible for the injuries you sustained will be responsible to compensate you. This includes reimbursement for medical expenses, property damages, lost 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 is not unusual for both drivers to share a portion of the blame. Certain states have laws that are called comparative negligence. jurors determine the respective percentages of each driver and adjusts the damages awarded in accordance with the percentage. It is essential that you demonstrate to the satisfaction an insurance company, jury or judge what took place. This is known as the burden of proof. The plaintiff bears the burden of proof. You must prove to prove that the accident occurred. Another type of case that could be filed is when a government entity is accountable for the accident. This can happen when a road is not maintained properly or designed and contributes to an accident. These kinds of claims are also known as roadway defect cases. These types of claims may also be brought by manufacturers. They could be held liable for the defects in brakes, tires, and mechanical failure. At-fault driver citations An officer can often determine who caused an incident by analyzing the accident scene and interviewing witnesses. If auto accident attorney springfield suspect that a driver has violated traffic laws, they can issue a citation. Insurance companies may also rely on police reports to determine the fault. After an accident, it is normal for drivers to stare at each one another. However, this could be detrimental. Apart from giving the other driver a negative impression, it could lead to an admission of guilt, which could be used against you in court. The majority of car accidents involve two or more persons who share a certain amount of responsibility. This is why most states use modified comparative blame rules that permit the claimant to claim damages less their percentage of fault. An insurance adjuster can sometimes utilize a traffic ticket to increase a claimant's share of blame in an accident, which can reduce their settlement for their injuries. The fact that a person is cited in a car crash can be strong evidence that they are responsible for the crash. However, it's not an assurance of the outcome of an injury lawsuit. Based on your particular case additional evidence may be needed to show that the other driver was negligent and caused injury to you. Witness testimony, evidence at the accident scene and medical documents 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. The reports will contain both details and opinions recorded by the officers at the scene at the time the accident occurred. This report is essential for any auto accident claims. Insurance companies also will review the report to determine fault and compensation. Based on the jurisdiction, police reports could or might not be accepted in court. The main reason is because the police report contains statements by people who are not sworn witnesses in court. To be able to be considered as evidence in a legal matter they must be covered by one of the exemptions to hearsay law. A typical report from a police officer includes details about the car, driver and the victims who were involved in the crash, along with a description 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 most to blame for it. If you are not hurt but you are not injured, it is the best option to always complete a police investigation for any accident you're involved in even if it appears to be minor. There are many injuries that do not show up in a hurry and having a thorough record can be a huge help in helping you get the compensation you're entitled to for medical expenses.