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Auto Accident Legal Matters Get in touch with an experienced attorney as soon as possible when you've been injured in a car accident. Your lawyer can help you know your rights and obtain the compensation you are entitled to. All drivers have a duty to abide by traffic laws. If they fail to do so and cause injury, they can be held responsible. Damages In general, there are two types of damages that may result from a car accident. The first, called special damages, have a precise dollar value that is easy to determine. Items like medical bills as well as lost wages and vehicle repairs are examples for special damages. The second kind of damages, referred to as non-economic damage, is more difficult to quantify. These include things like suffering and pain. To be able to claim compensation for non-economic losses it is essential to be able to demonstrate that the injuries suffered were serious enough to warrant the award. This is an extremely difficult job and the person who was injured must be represented by an attorney. One of the most popular types of non-economic damages is the loss of enjoyment of life. Generally, this entails an amount of money that represents the lower quality of life experienced as a result of the injuries resulting from accidents. This can include the inability of the victim to engage in activities that were once enjoyable like driving. In a few cases victims may pursue punitive damages. The purpose of this type of damage is intended to punish the perpetrator and deter future acts that are as egregious. Punitive damages are not available in every case, and a successful case relies on strong evidence showing that the defendant acted with conscious disregard for other people's safety. Liability If you're injured in an accident in a car and are injured, the person or company responsible for your injuries will be liable to pay you compensation. This includes compensation for medical costs or property damage, loss of income, as well as non-economic damages that include pain and discomfort. In the majority of cases, the driver that caused the crash will be responsible. However, auto accident lawsuit vallejo is not uncommon for both drivers to share a portion of the blame. Some states follow what is known as comparative negligence laws, where a jury will determine the percentage of fault each driver is responsible for and adjust the damages awarded according to that. It is vital that you demonstrate what transpired 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 have to provide evidence to prove that your accident occurred. A government entity could be liable for an accident. It can happen when a roadway is poorly designed or maintained and this results in an accident. These claims are also called roadway defect cases. Sometimes, manufacturers are responsible in these types of claims as well. They could be held accountable for car defects such as brakes, tires and mechanical failure. At-fault driver citations Most of the time, police officers can determine who was the cause of an accident by analyzing the scene of the crash and speaking with witnesses. If they believe a motorist has violated traffic laws, they could issue a ticket. Insurance companies take a look at police reports to help them determine who is at fault. It is common for drivers to blame one another after an accident. This can be harmful. Besides giving the other driver a negative impression it could lead to an admission of guilt that could be used against you in court. Most car accidents involve two or more persons who share some degree of blame. Most states have modified comparative-fault rules, which permit claimants to receive damages less their percentage of fault. Insurance adjusters can utilize a traffic ticket to increase a claimant's percentage responsibility for the accident, which may reduce their payout for their injuries. The fact that a person is mentioned in a car accident could be evidence that they caused the accident. It is not any guarantee that a personal-injury case will be successful. Depending on the circumstances of your case you may require additional types of evidence to show that an other driver was negligent and caused harm to you. This includes witness testimony, evidence at the scene of the accident, and medical records of your injuries. Police reports When police officers arrive at a crash site and are asked to fill out an official report. The reports include both information and opinions gathered by officers who were on the scene at the time of the crash. This is a crucial document for any claim involving an auto accident. Insurance companies will also examine the report for fault and compensation. In accordance with the region, police report are admissible or not in court. The main reason is because the police report contains statements by individuals who are not sworn witnesses in court. To be able to be considered as evidence in a legal matter they must fall under one of the exceptions to hearsay law. A typical police report will include details about the driver, vehicles and the victims involved in the accident, as well as an account of the incident and any evidence found on the scene. Many police reports also include the officer's opinions about the circumstances of the crash and who is most to blame. If you are not hurt it is in your best interest to always complete a police investigation for any accident you're involved in even if it appears minor. There are many injuries that do not show up in a hurry and having a solid record can go a long way toward getting you the compensation you're entitled to for your medical expenses.