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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 quickly as possible. Your lawyer can assist you know your rights and obtain the compensation that you are entitled to. All drivers have a duty to obey traffic laws. They are liable if they violate this duty and cause harm. Damages In general, there are two different types of damages that can result from an auto accident. The first type of damages called special damages, comes with a dollar value that is easily calculated. Things like medical expenses, lost wages, and vehicle repair are examples of special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering. To be able to claim compensation for losses that are not economic, it is essential to be able to demonstrate that the injuries suffered were serious enough to merit the amount. This is a daunting task and the victim must be represented by a lawyer. The loss of enjoyment is one of the most frequently reported non-economic damages. It is typically a financial amount that is a reflection of a diminished quality of life due to injuries sustained in accidents. auto accident lawyer glendale could include the inability of the victim to take part in activities that were once pleasurable, such as driving. In a few cases victims may be able to claim punitive damages. This type of loss is designed to punish the defendant for a particularly egregious act and to deter other people from doing the same in the future. The possibility of punitive damages is not available in all cases and a successful claim relies on the strength of evidence that proves the defendant acted with a conscious disregard for other people's safety. Liability If you suffer injuries in an accident involving a vehicle, the person responsible for your injuries is liable to pay you. This includes compensation for medical costs or property damage, loss of income, and non-economic damages like pain and discomfort. In most cases, the person who caused a accident will be the one responsible. It is not unusual for two drivers to share blame. Some states apply what's called comparative negligence laws where a jury will determine the percentage of fault each driver is responsible for and adjust the damage award in proportion. It is vital that you can demonstrate to the satisfaction an insurance company or juror or judge that the incident occurred. This is known as the burden of evidence. The plaintiff has the burden of proof. You must provide evidence to prove that the accident happened. Another kind of case that can be filed is when a government agency is responsible for the accident. This can occur when a roadway isn't properly constructed or maintained and causes an accident. These are also referred to as roadway defect cases. Sometimes, manufacturers are responsible in these kinds of claims as well. They could be held accountable for car defects such as tires, brakes and mechanical failure. At-fault driver citations Often, an officer can determine who caused the accident by studying the scene of the accident and interviewing witnesses. If they believe a motorist is in violation of traffic laws, they may issue a ticket. Insurance companies could also use police reports to determine the fault. It is natural for drivers to point fingers at each other following an accident. However, this could be detrimental. This could not only give the driver behind you a bad impression however, it could also cause you to confess guilt in the court. In most car accidents, there are at least two parties sharing a portion of responsibility. This is why many states adhere to modified comparative fault rules that allow the claimant to recover damages minus their share of blame. Insurance adjusters can use a traffic citation to increase a claimant's percentage blame in an accident, which could limit their payment for injuries. The the fact that a person is cited after a car accident may be powerful evidence that they caused the crash. However, it is not a guarantee of the outcome of a personal 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 at the scene of an accident and medical records to show your injuries. Police reports If law enforcement officers are at an accident scene they will complete an official police report. The reports contain both the facts and opinions recorded by the officers at the scene at the time the accident took place. This is an important document to be included in any auto accident claim. Insurance companies also will review the report to determine fault and the amount of compensation. Based on the jurisdiction, police reports may or may not be accepted in court. The main reason is that the police report contains statements made by people who aren't witnesses in court. To allow these statements to be used in a legal case they must fall under one of the exceptions to hearsay law. A typical police report contains details regarding the driver, vehicles involved and the victims in the crash and a description of what happened and any evidence found on the scene. A majority of police reports contain the officer's opinions on the cause of the accident and who's responsible for the incident. Even if you don't feel injured, it is still beneficial to file a police accident claim, even if the accident seems to be minor. There are many injuries that do not show up right away and having evidence can help in getting you the money you deserve for your medical expenses.

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