Auto Accident Legal Matters
If you've suffered injuries in an auto accident, call an experienced attorney as soon as you can. Your attorney can help you to understand your rights and receive the compensation that you deserve.
All drivers are responsible for obeying traffic laws. They can be held accountable if they do not abide by this obligation and cause harm.
Damages
Generally speaking, there are two types of damages that could result from a car accident. The first, referred to as special damages, have a specific dollar value that is easy to calculate. Examples of special damages include medical bills, lost wages, and repair work on vehicles are examples of special damages. The second kind of damages that are referred to as non-economic damages is more difficult to quantify. They include things like pain and suffering.
In order to receive compensation for non-economic losses it is necessary to demonstrate that your injuries were severe enough to warrant an award. This is an extremely difficult task, and the injured should be represented by an attorney.
Loss of enjoyment of life is among the most commonly reported non-economic losses. In general, this is a monetary sum that reflects the reduced quality of life experienced due to accident-related injuries. Also, it includes the inability to participate in certain activities, like driving that were once enjoyable.
In rare instances, victims can claim punitive damages. This type of damage is designed to punish the defendant for a particular sloppy act and helps deter others from similar acts in the future. Punitive damages may not be available in all circumstances. A successful claim requires evidence that the defendant acted with a conscious disregard for others' safety.
Liability
If you are injured in an accident involving a vehicle, the person responsible for the injuries you sustained is responsible to pay you. This includes reimbursement for medical expenses, property damages, lost income, as well as non-economic damages like discomfort and pain. In the majority of instances, the driver who caused the accident will be responsible. 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 damage award in proportion.
It is crucial that you can prove what happened to an insurance company, or to a jury or judge. This is referred to as the burden of proof. The burden is shifted to the party making the claim - the plaintiff and it requires you to present proof of how the crash happened.
Another kind of case that can be filed is when a government agency is accountable for the accident. This can occur when a roadway isn't properly designed or maintained and this causes an accident. These kinds of claims are also referred to as road defect cases. Sometimes, manufacturers are responsible in these claims too. They could be held liable for defects such as brakes, tires, and mechanical failures.
At-fault driver citations
An officer will usually determine the cause by analyzing the scene and interviewing witnesses. If they believe a driver is in violation of traffic laws, they can issue a citation. Insurance companies also review police reports to help them determine who is at fault.
It is normal for drivers to blame one another following an accident. This can be harmful. Besides giving the other driver a negative impression, it could lead to an admission of guilt, which could be used against you in court.
In most car accidents there are at least two parties that share a certain amount of responsibility. The majority of states have modified comparative fault rules, which permit claimants to receive damages that are less than their percentage of fault. A traffic citation may be used by an insurance adjuster to increase the claimant's percentage at fault in an accident. This could decrease the possibility of a payout for injuries.
The fact that someone is cited after a car accident can be strong evidence that they caused the crash. It's not an assurance that a personal injury lawsuit will be successful. Based on auto accident lawyer columbus of your case, you may need other types of evidence to prove the negligence of another driver caused you harm. You will need witness testimony, evidence from the scene of the accident and medical records to prove your injuries.
Police reports
When law enforcement officers visit an accident scene they will complete an official police report. The reports contain both the details and opinions observed by the officers on the scene when the accident took place. This report is essential for any auto accident claim. Insurance companies will review the report to help determine the cause of the accident and to pay compensation to the victims.
Based on the region, police report are admissible in court or not. The reason for this is that the police report contains statements by people who aren't sworn witnesses in court. These statements must fall within an exception to the hearsay law to be used as evidence.
A typical police report contains details about the vehicle, driver and the victims who were involved in the crash, along with a description of the incident and any evidence discovered at the scene. Many police reports include the officer's opinion about the reason for the accident and who's at fault.
If you are not hurt it is in your best interest to always make a police report of any accident you're involved in even if the incident appears to be minor. It is crucial to document the incident because there aren't all injuries visible immediately.