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Auto Accident Legal Matters If you are injured in an auto accident, call an experienced attorney as soon as possible. An attorney can assist you understand your rights and get the compensation you are entitled to. All drivers are accountable for obeying traffic laws. If they violate that duty and cause harm, they are held accountable. Damages In general, there are two types of damage that can result from a car accident. The first, referred to as special damages, have a clear dollar amount that is easy to determine. Examples of special damages include medical bills loss of wages, repairs to vehicles are examples of special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. They include things like pain and suffering. To receive compensation for noneconomic losses it is necessary to demonstrate that your injuries were severe enough to warrant such an award. This is not an easy task and the person who was injured should be represented by an attorney. The loss of enjoyment is among the most common non-economic damages. Generally, this entails an amount in dollars that represents the reduced quality of life resulting as a result of the injury caused by an accident. This includes the inability of the victim to perform activities that were once pleasurable like driving. In a few cases victims can seek punitive damages. The purpose of this type of damage is intended to punish the defendant and deter any future actions that are just as bad. Damages for punitive purposes are not available in every case, and a successful claim relies on the strength of evidence that proves the defendant acted with conscious disregard for the safety of others. Liability If you are injured in a car accident, the person responsible for your injuries is responsible to pay you. This includes compensation for medical costs and property damages, as well as lost income, and non-economic damages such as discomfort and pain. In most cases, the driver that caused a crash will be accountable. However, it's not unusual for both drivers to share some blame. Some states follow what is known as comparative negligence laws, where the jury will decide the percentage of fault each driver is responsible for and adjust the amount of damage accordingly. It is essential to prove what happened to an insurance company, or to a judge and jury. The burden of evidence is what we refer to it. The plaintiff bears the burden of proving. You must prove to prove that your accident occurred. A government agency can also be held responsible for an accident. This can occur when a roadway isn't properly constructed or maintained, and this contributes to an accident. These are also known as roadway defect cases. Sometimes, manufacturers are accountable in these kinds of claims as well. They may be held accountable for defects like brakes, tires and mechanical failures. At-fault driver citations Most of the time, police officers can determine the cause of an accident by analyzing the crash scene and interviewing witnesses. They may write an order if they believe that a motorist violated traffic rules. Insurance companies take a look at police reports to help determine who is at fault. It is natural for drivers to blame each other after an accident. But, this can be harmful. Apart from giving the other driver a negative impression, it could result in an admission of guilt that can be used against you in court. Most car accidents can involve two or more people with varying degrees of responsibility. This is the reason that most states use modified comparative blame rules that allow the claimant to recover damages that are less than their portion of the fault. A traffic ticket can be used by an insurance adjuster to increase the percentage of blame in an accident. This can reduce the chance of recovering compensation for injuries. The fact that a person is cited in a car crash can be strong evidence that they were the cause of the accident. However, auto accident lawsuit napa is not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case you may need other types of proof to prove that an other driver was negligent and caused harm to you. This could include witness testimony, evidence at the site of the accident, as well as medical records of your injuries. Police reports When officers from the police arrive at a car accident site they complete an official report. The reports will contain both facts and opinions noted by the officers on the scene when the incident occurred. It is an essential document for any claim involving an auto accident. Insurance companies will review the report in order to help determine fault and the amount of compensation for injured parties. Depending on the location, police reports are admissible or not. The police report includes statements from people who aren't officially sworn in as witnesses. To allow these statements to be used in a legal context they must be covered by one of the exceptions to hearsay law. A typical police report includes information about the driver, vehicles and the people involved in the crash as well as an account of what transpired and any evidence discovered on the scene. A majority of police reports contain an officer's view on the cause of the accident and who is to blame. Even if there is no indication that you are injured, it's in your best interests to file a police accident report even if the incident appears to be minor. Not all injuries are apparent right away and having a thorough record can help in getting you the compensation you're entitled to for your medical expenses.