It's The Auto Accident Attorney Case Study You'll Never Forget
Auto Accident Legal Matters
Contact an experienced attorney immediately in the event that you've been injured in a car accident. Your lawyer can explain your rights and assist you receive the compensation you deserve.
All drivers are obliged to observe traffic laws. They can be held accountable if they break this duty and cause harm.
auto accident lawsuit santa clara speaking there are two types of damage that can result from a car crash. The first type of damage called special damages, have an amount that can be easily determined. Special damages can include medical bills loss of wages, repairs to vehicles. The second type, which is referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering.
In order to be eligible for compensation for losses that are not economic, it is necessary to be able to demonstrate that the injuries suffered were serious enough to merit the compensation. This is a challenging job and the person who was injured should be represented by an attorney.
Loss of enjoyment of life is one of the most common non-economic damages. This is usually a financial amount that represents a lower quality of living as a result accident-related injuries. This includes the inability for the victim to take part in activities that were once pleasurable, such as driving.
In rare instances, victims may be allowed to sue for punitive damage. This kind of damage is designed to penalize the defendant for a particularly egregious act and to deter others from similar acts in the future. Damages for punitive purposes are not available in all cases and a successful claim depends on the evidence that proves the defendant acted with a conscious disregard for other people's safety.
Liability
If you're injured in an accident in a car the person or organization responsible for your injuries is liable to compensate you. This includes money for medical expenses and property damage, as well as loss of income as well as non-economic damages like pain and suffering. In the majority of instances, the driver who caused a accident will be the one responsible. It is not unusual for two drivers to share the blame. Some states apply what's called comparative negligence laws where jurors determine each driver's percentage of fault and adjust the damage amount in proportion.
It is vital that you can show to the satisfaction an insurance company, juror or judge that the incident occurred. This is referred to as the burden of proof. The burden falls on the person who makes the claim - the plaintiff and it requires you to present evidence of how your accident happened.
A government entity could be liable for an accident. This could be the case when a road is poorly maintained or designed which can lead to an accident. These kinds of claims are also referred to as road defect cases. Sometimes, manufacturers are at fault in these kinds of claims as well. They could be held accountable for car-related defects such as tires, brakes and mechanical failure.
At-fault driver citations
An officer will usually determine who caused an incident by analyzing the scene and interviewing witnesses. They might issue an order if they believe a driver violated traffic laws. Insurance companies may also look at police reports to determine who is at fault.
After an accident, it is normal for drivers to glare at each one another. This can be detrimental. Besides giving the other driver a negative impression it could result in an admission of guilt which could be used against you in court.
In the majority of car accidents there are two or more people who share a percentage of blame. This is why many states follow modified comparative fault rules that allow the person who is claiming to claim damages less their proportion of fault. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage responsible for an accident. This can decrease the chance of recovering compensation for injuries.
The fact that a person is mentioned in a car crash could be proof that they were responsible for the crash. It's not an assurance that a personal injury claim 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 harm to you. This could include witness testimony, evidence taken from the scene of the accident and medical records regarding your injuries.
Police reports
When police officers arrive at a car crash site they will fill out an official report. The reports will contain both facts and opinions that were observed by the officers on the scene when the accident occurred. This is a crucial document for any claim for auto accidents. Insurance companies will examine the report in order to determine fault and the amount of compensation for the parties who have been injured.
Depending on jurisdiction, police reports may or may not be admissible in court. The police report contains statements that aren't sworn in as witnesses. To allow these statements to be used in a legal case they must fall under one of the hearingsay exceptions under law.
A typical police report includes details about the driver, the vehicles and the people involved in the accident along with the details of what happened and any evidence found on the scene. Many police reports include the officer's opinions on the cause of the accident, and who is responsible for the incident.
If you're 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. Some injuries don't show up in a hurry and having a thorough record can be a huge help in helping you claim the amount you are due for medical expenses.