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Auto Accident Legal Matters Contact a seasoned attorney immediately If you've suffered injuries in a car crash. An attorney can assist you to understand your rights and receive the compensation you are entitled to. All drivers are responsible for adhering to traffic laws. If they fail to do so and cause harm, they are accountable. Damages In general there are two kinds of damages that may result from a car crash. The first type of damage called special damages, comes with the value of a dollar that can be easily calculated. Examples of special damages include medical bills, lost wages, and vehicle repairs are examples for special damages. The second kind of damages, also known as non-economic damages, is more difficult to quantify. These include things like suffering and pain. In order to be compensated for non-economic losses you must demonstrate that your injuries were serious enough to warrant an award. This is an extremely difficult task, and the injured should be represented by an attorney. One of the most common kinds of non-economic damages is the loss of enjoyment of life. It is usually an amount in dollars that represents the lower quality of life that is experienced as a result of the injuries caused by accidents. This can include the inability of the victim to engage in activities that were once enjoyable, such as driving. In some cases victims may be able to seek punitive damages. This type of damages is intended to penalize the defendant and deter any future actions which are as indecent. The possibility of punitive damages is not available in every case, and a successful claim relies on the evidence that proves the defendant acted with conscious disregard for the safety of others. Liability If you're injured in an accident in a car the person or organization responsible for your injuries will be liable to compensate you. This includes compensation for medical costs or property damage, loss of income, and other damages such as pain and discomfort. In most cases, this will be the driver who caused the crash. However, it's not unusual for two drivers to share a portion of the blame. Some states follow what is known as comparative negligence laws. the jury will decide the proportion of fault for each driver and adjust the damage award in proportion. It is important to prove to the satisfaction of an insurance company or a judge and jury what occurred. This is referred to as the burden of proof. The plaintiff is responsible for the burden of proof. You must prove to prove that the accident happened. A government agency can be liable for an accident. This can happen when a road is poorly maintained or designed and causes an accident. These are also referred to as roadway defect cases. These kinds of claims can also be brought by manufacturers. They could be held liable for the defects in brakes, tires and mechanical failures. At-fault driver citations An officer will often be able to determine the cause by analyzing the scene of the accident and interviewing witnesses. They could issue a ticket if they think a driver violated traffic laws. Insurance companies could also use police reports to determine fault. auto accident lawsuit arlington is natural for drivers to blame one another after an accident. But, this can be detrimental. This may not only give the driver in front of you a bad impression and could result in you committing a crime in the court. Most car accidents involve two or more people who share a portion of fault. A majority of states have modified comparative-fault rules, which allow claimants to recover damages less their percentage of blame. A traffic citation could be used by an insurance adjuster to increase the percentage of claimant at fault in an accident. This can decrease the possibility of a payout for injuries. The fact that someone is mentioned after a car accident can be strong evidence that they were the cause of the crash. It's not any guarantee that a personal injury lawsuit 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 includes witnesses' testimony, evidence from the scene of the accident as well as medical records regarding your injuries. Police reports When officers from the police arrive at a car accident site and are asked to fill out an official report. These reports include both information and opinions recorded by the officers at the scene at the time the incident occurred. This report is essential for any claim involving an auto accident. Insurance companies also will review the report to determine the fault and amount of compensation. Depending on the area of jurisdiction, police reports can be acceptable or not admissible in court. The main reason for this is that the police report includes statements made by people who aren't sworn witnesses in court. These statements must fall under an exception to the hearsay law to be admissible as evidence. A typical police report includes details about the driver's identity, the vehicles involved and the victims in the crash along with the details of what happened and any evidence that was found on the scene. A majority of police reports contain an officer's view on the reason for the accident, and who is to blame. If you are not hurt however, it is recommended that you always submit a police report after any accident that you are involved in even if the incident appears minor. Not all injuries show up immediately, and having solid documentation can go a long way toward getting you the amount you are due for medical expenses.