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Auto Accident Legal Matters If you are injured in an accident in the car, you should contact an experienced attorney as soon as you can. Your lawyer can explain your rights and help you get the compensation that you are entitled to. All drivers are responsible for adhering to traffic laws. They are accountable if they breach this duty and cause harm. Damages In general, there are two types of damages that may result from a car crash. The first, called special damages, have a clear dollar amount that is easy to determine. Special damages include medical expenses loss of wages, vehicle repairs. The second kind of damages, also known as non-economic damages is more difficult to quantify. They include things like pain and suffering. In order to be eligible for compensation for losses that are not economic, it is essential to to show that the injuries suffered were serious enough to merit the award. This is an extremely difficult task, and the injured must be represented by an attorney. The loss of enjoyment is among the most commonly reported non-economic losses. This is usually a monetary amount that reflects a reduced quality of life because of injuries resulting from accidents. It also involves the inability to take part in certain activities, like driving, which were once enjoyable. In a few cases victims may be capable of suing for punitive damage. These damages are intended to punish the defendant and deter future acts that are equally egregious. Damages for punitive intent may not be available in all circumstances. A successful claim will require strong evidence that the defendant's actions were carried out with conscious disregard for the safety of others. Liability If you suffer injuries in an accident in a car the person or entity responsible for the injuries you sustained will be responsible to compensate you. This includes compensation for medical costs or property damage, loss of income, and non-economic damages such as discomfort and pain. In most instances, the driver who caused the accident will be the one responsible. However, it's not unusual for both drivers to share some blame. Some states apply what's called comparative negligence laws where the jury will decide the proportion of fault for each driver and adjust the damage award accordingly. It is vital that you can 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 is responsible for the burden of proving. You have to provide evidence to prove that your accident took place. A government agency can also be held accountable for an accident. auto accident law firm hawaii can be the case when a road is not maintained properly or designed and contributes to an accident. These types of claims are also known as roadway defect cases. These types of claims can also be brought by manufacturers. They may be held accountable for defects such as brakes, tires, and mechanical failures. At-fault driver citations Most of the time, police officers can determine the cause of an accident by looking at the scene of the crash and questioning witnesses. If they believe that a driver has broken traffic laws, they may issue a ticket. Insurance companies can also use police reports to determine the fault. It is natural for drivers to point fingers at one another following an accident. However, this can be detrimental. In addition to giving the driver a bad 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 people who share a certain amount of responsibility. This is why most states follow modified comparative fault rules that allow the person who is claiming to recover damages minus their percentage of fault. An insurance adjuster may use a traffic citation to increase a claimant's percentage of responsibility for the accident, which can reduce their settlement for their injuries. The incident that someone is cited in the aftermath of a car accident could be a strong proof that they were the cause of the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Depending on the situation other evidence may be needed to establish that the other driver was negligent and caused injury to you. You will need witness testimony, evidence from the scene of an accident and medical documents to show your injuries. Police reports When law enforcement officers visit an accident scene they will fill out an official police report. These reports include both details and opinions taken note of by the officers who were on the scene at the time the accident occurred. This report is essential for any auto accident claim. Insurance companies will study the report to help determine fault and the amount of compensation for injured parties. According to the area of jurisdiction, police reports can be admissible in court or not. The reason for this is that the police report includes statements made by individuals who are not sworn witnesses in court. To allow these statements to be used in a legal proceeding they must be covered by one of the hearingsay exceptions under law. A typical police report contains details about the car, driver, and victims involved in the crash, along with an account of the accident and any evidence discovered at the scene. Many police reports include the officer's opinions on the reason for the accident and who's responsible for the incident. If you are not hurt however, it is the best option to always file a police report for any accident that you are involved in even if the incident appears minor. Documentation is essential because not all injuries are visible right away.