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Auto Accident Legal Matters If you've suffered injuries in a car accident, contact an experienced attorney as soon as you can. An attorney can assist you learn about your rights and help you get the compensation you are entitled to. Every driver is responsible for obeying traffic laws. When they breach that duty and cause harm, they are liable. Damages In general there are two distinct types of damages that can result from an automobile accident. The first type known as special damages, comes with the value of a dollar that is easily calculated. Things like medical expenses as well as lost wages and vehicle repairs are examples for special damages. The second type, referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain. To be eligible for compensation for noneconomic losses, you must be able demonstrate that your injuries were serious enough to warrant such an award. This is a challenging task, and the person who has suffered must be represented by an attorney. One of the most frequent forms of non-economic damages is the loss of enjoyment life. It's usually a financial amount that is a reflection of a diminished quality of life due to injuries caused by accidents. This also includes the inability to participate in certain activities, like driving, that were once enjoyable. In some cases, victims can claim punitive damages. This type of damage is designed to punish the perpetrator for a particularly indecent act and also to discourage others from similar acts in the future. The possibility of punitive damages is not available in all cases, and a successful case relies on strong evidence showing that the defendant committed a crime with a clear disregard for other people's safety. Liability If you suffer injuries in an accident involving a vehicle the person who caused your injuries is liable to pay you. This includes reimbursement for medical expenses and property damages, as well as lost income, and any other non-economic damage, such as pain and discomfort. In the majority of cases, it will be the driver that caused the crash. It is not uncommon for the two drivers to share blame. Some states follow what is known as comparative negligence laws. jurors determine the respective percentage of blame for each driver and adjust the damage amount accordingly. It is crucial that you demonstrate what transpired to an insurance company or to a judge and jury. This is referred to as the burden of evidence. The burden is shifted to the party making the claim, which is the plaintiff and it requires you to show the evidence that demonstrates how your accident occurred. A government entity could also be held accountable for an accident. This could be the case when a road is not properly maintained or designed which can lead to an accident. These types of claims are also referred to as road defect cases. Sometimes, the manufacturers are responsible in these kinds of claims too. They may be responsible for the defects in cars, like brakes, tires and mechanical failure. At-fault driver citations Usually, a police officer can determine the cause of an accident by looking at the crash scene and interviewing witnesses. If they suspect that a driver has violated traffic laws they may issue a ticket. Insurance companies may also rely on police reports to determine the fault. Following an accident, it is normal for drivers to point fingers at each one another. But, this can be harmful. This could not only give the other driver a bad impression and could cause you to admit guilt in court. Most car accidents can involve two or more people who share a certain amount of fault. auto accident lawsuit winston salem have modified comparative-fault rules, which permit claimants to receive damages that are less than their percentage of blame. An insurance adjuster can sometimes apply a traffic citation to increase a claimant's percentage of responsibility for the accident, which may reduce their payout for their injuries. The fact that someone is mentioned in a car crash could be proof that they caused the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may require other forms of evidence to show that the negligence of another driver caused you harm. This includes witness testimony, evidence at the scene of the accident and medical records regarding your injuries. Police reports When police officers arrive at a crash site they will fill out an official report. These reports contain both facts and opinions that are compiled by officers present at the time of the crash. This is a crucial document to be used in any auto accident claim. Insurance companies also will review the report for fault and compensation. In accordance with the jurisdiction, police reports are acceptable or not admissible in court. The main reason for this is that the police report contains statements by people who aren't witnesses in court. These statements have to fall under an exception to the hearsay law in order to be used as evidence. A typical police report contains information regarding the driver, vehicles involved and the victims in the accident and a description of what happened and any evidence discovered on the scene. A majority of police reports contain an officer's opinion on the cause of the accident and who's to blame. If you're not injured, it is the best option to always file a police report for any accident that you are involved in, even if it appears minor. Not all injuries show up in a hurry and having evidence can make a big difference in helping you get the amount you are due for your medical expenses.