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Auto Accident Legal Matters If you are injured in a car accident, contact an experienced attorney as soon as you can. Your attorney will explain your rights and help you get the compensation that you are entitled to. All drivers are required to observe traffic laws. They can be held accountable if they violate this duty and cause harm. Damages Generally speaking there are two kinds of damages that can result from a car crash. The first, called special damages, have a clear dollar value that is easy to determine. Items like medical bills as well as lost wages and vehicle repair are examples of special damages. The second kind, referred to as non-economic damages, are more difficult to quantify. They include things like suffering and pain. To receive compensation for noneconomic losses you must demonstrate that your injuries were severe enough to warrant such an award. This is a daunting task, and the person who has suffered must be represented by an attorney. The loss of enjoyment is among the most frequently reported non-economic damages. This is usually a financial amount that is a reflection of a diminished quality of living as a result accident-related injuries. Also, it involves the inability to take part in certain activities, such as driving, that used to be enjoyable. In some cases victims may claim punitive damages. This kind of damages are designed to punish the defendant for a particular sloppy act and helps deter others from similar acts in the future. Punitive damages are not available in all instances. A successful claim requires evidence that the defendant's actions were carried out with conscious disregard for others' safety. Liability When you are injured in an automobile accident, the person or entity responsible for your injuries will be held accountable to compensate you. This will include money for medical expenses or property damage, as well as loss of income, as well as other damages such as pain and suffering. In the majority of cases, the person who caused a accident will be responsible. However, it is not uncommon for both drivers to share some blame. Some states have laws called comparative negligence, where a jury determines the respective percentages of each driver and adjusts the amount of damage according to the percentage. It is vital that you prove what happened to an insurance company, or to a jury or judge. This is known as the burden of evidence. The burden falls on the person who makes the claim – the plaintiff and requires you to present evidence of how your crash happened. Another kind of case that could be filed is when a government institution is the one responsible for the accident. auto accident law firm tempe could happen when a roadway is poorly designed or maintained and this results in an accident. These are also referred to as roadway defect cases. These types of claims can also be brought by manufacturers. They could be held liable for defects such as brakes, tires and mechanical failures. At-fault driver citations Usually, a police officer can determine the cause of an accident by studying the scene of the crash and questioning witnesses. If they believe a driver has broken traffic laws, they may issue a ticket. Insurance companies also review police reports to determine the cause of the incident. It is natural for drivers to blame each other after an accident. This can be detrimental. This could not only give the driver in front of you a bad impression and could lead to you admitting guilt in the court. In most car accidents there are usually two or more parties sharing a portion of responsibility. The majority of states have modified comparative fault rules that allow claimants to recover damages less their proportion of blame. A traffic citation can be used by an insurance adjuster to increase the percentage claimant blame in an accident. This can reduce the chance of recovering compensation for injuries. The incident that someone is cited after a car accident can be a strong proof that they caused the crash. It's not a guarantee that a personal injury case will be successful. Depending on the situation the other evidence may be required to show that the other driver was negligent and caused injury to you. This includes witness testimony, evidence taken from the scene of the accident as well as medical records detailing your injuries. Police reports When police officers arrive at a car crash site, they fill out an official report. The reports will contain both details and opinions recorded by the officers at the scene at the time the accident took place. This is a crucial document for any auto accident claim. Insurance companies will study the report to help determine the cause of the accident and to pay compensation to the parties who have been injured. According to the jurisdiction, police reports are admissible in court or not. The police report contains statements of people who haven't been certified as witnesses. In order for these statements to be considered as evidence in a legal proceeding, they must fall under one of the exceptions to hearsay law. A typical police report includes information about the driver's identity, the vehicles and victims involved in the crash, as well as the details of what happened and any evidence that was found on the scene. Many police reports also contain the officer's views on the circumstances of the crash and who's to blame for it. Even if there is no indication that you are injured, it is still in your best interests to make a police report, even if the accident seems minor. Some injuries don't show up right away and having a solid record can help in helping you win the amount you are due for your medical expenses.