Auto Accident Legal Matters
Contact a seasoned attorney immediately in the event that you've been injured in a car crash. An attorney can explain your rights and help you get the compensation that you are entitled to.
All drivers are obliged 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 may result from an accident. The first type of damages called special damages, have a value in dollars that can be easily determined. Things like medical bills loss of wages, vehicle repair are examples of special damages. The second type of damage, referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.
To receive compensation for non-economic losses, it is essential to be able to prove that the injuries sustained were serious enough to warrant the compensation. This is a difficult job and the person who was injured must be represented by an attorney.
One of the most prevalent forms of non-economic damages is the loss of enjoyment of life. Generally, this entails an amount in dollars that represents the reduced quality of life that is experienced as a result of injuries caused by accidents. This can include the inability of the victim to participate in activities that were once enjoyable, such as driving.
In some cases victims might be in a position to sue for punitive damage. This kind of damages are designed to punish the perpetrator for a particular sloppy act and to deter others from doing similar things 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 conscious disregard for other people's safety.
Liability
If you suffer injuries in an accident in a car the person or entity responsible for your injuries is liable to pay you compensation. This includes compensation for medical expenses, property damage, loss of income as well as non-economic damages such as suffering and pain. In the majority of cases, the driver that caused the accident will be responsible. However, it is not unusual for both drivers to share some responsibility. Certain states follow what's called comparative negligence laws. In these, jurors determine the proportion of fault for each driver and adjust the damage amount in proportion.
It is vital that you can prove to the satisfaction of an insurance company or jury or judge what took place. This is known as the burden of evidence. The burden is shifted to the party making the claim - the plaintiff - and it requires you to show the evidence that demonstrates how your accident happened.
A government institution can be liable for an accident. It can happen when a roadway has been poorly constructed or maintained and results in an accident. These are also known as road defect cases. These kinds of claims could also be brought by manufacturers. They could be accountable for defects in cars such as tires, brakes and mechanical failure.
At-fault driver citations
Usually, a police officer can determine who caused the accident by analyzing the scene of the accident and interviewing witnesses. They might issue tickets if they believe that a driver has violated traffic laws. Insurance companies will also look at police reports to identify the source of the fault.
It is natural for drivers to blame one another following an accident. But, this can be detrimental. It could not only leave the other driver a negative impression and could lead to you admitting guilt in the court.
In the majority of car accidents there are at least two people who share a percentage of blame. This is the reason why most states follow modified comparative fault rules that allow the claimant to seek compensation for damages minus their percentage of fault. A traffic citation could be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This could decrease the potential payout for injuries.
The fact that someone is mentioned in the aftermath of a car accident could be a strong proof that they were the cause of the crash. However, it is not an assurance of the outcome of an injury lawsuit. Based on your particular case other evidence may be needed to show that the other driver was negligent and injured you. auto accident attorneys beaverton , evidence at the scene of the accident and medical records to show your injuries.
Police reports
When law enforcement officers attend an accident scene they will complete an official police report. The reports will contain both information and opinions recorded by the officers at the scene when the accident occurred. This is a vital document for any claim involving an auto accident. Insurance companies will also review the report for fault and compensation.
Based on the jurisdiction of the police, reports could be considered admissible in court. The main reason is because the police report includes statements made by people who aren't witnesses in court. These statements have to fall under an exception to the law of hearsay to be admissible as evidence.
A typical police report contains details regarding the driver, vehicles and the victims involved in the crash as well as the details of what happened and any evidence found on the scene. Many police reports also contain officers' opinions on the circumstances of the crash and who is most responsible for the incident.
Even if there is no indication that you are injured, it's recommended to submit a police accident report even if the incident seems to be minor. It is crucial to document the incident because not all injuries are obvious immediately.