Clarinda Auto Accident Attorney Accident Legal Matters

Contact an experienced attorney immediately if you have been injured in a car accident. Your attorney can explain your rights and help you get the compensation that you deserve.

All drivers are obliged to obey traffic laws. If they do not comply with this duty and cause harm, they are held accountable.

Damages

Generally speaking there are two types of damages that may result from a car accident. The first, called special damages, are characterized by a clear dollar amount that is easy to determine. Special damages include medical expenses as well as lost wages and vehicle repairs. The second kind of damage which is referred to as non-economic damage, is more difficult to quantify. These include things such as pain and dwsharedoc.com suffering.

In order to receive compensation for non-economic losses, you must be able establish that your injuries were serious enough to warrant such an award. This is not an easy task, and the injured party should be represented by an attorney.

The loss of enjoyment is one of the most frequent non-economic damages. Generally, this entails a monetary sum that reflects the lower quality of life 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 like driving.

In some cases victims may seek punitive damages. The purpose of this type of damage is designed to punish the defendant and discourage any further actions that are as egregious. Punitive damages are not available in every case and a successful claim relies on the evidence that proves the defendant was acting with conscious disregard for the safety of others.

Liability

If you are injured in a car accident the person or entity responsible for your injuries is liable to compensate you. This includes reimbursement for medical expenses as well as property damage, lost income, and any other non-economic damage such as pain and discomfort. In the majority of instances, the driver who caused a accident will be responsible. It is not uncommon for the two drivers to share the blame. Some states apply what's known as comparative negligence laws, where jurors determine the respective percentage of blame for each driver and adjust the damage amount accordingly.

It is vital that you can demonstrate to the satisfaction of an insurance company or juror or judge that the incident occurred. This is known as the burden of proof. The plaintiff is the one who bears the burden of proof. You must prove to prove that the incident occurred.

A government entity could also be held responsible for an accident. This can occur when a highway is not properly maintained or designed and causes an accident. These types of claims are also known as road defect cases. Sometimes, manufacturers are the ones to blame in these claims as well. They could be accountable for the defects in cars, like brakes, tires and mechanical failure.

At-fault driver citations

Often, an officer can determine who caused the accident by analyzing the scene of the crash and healingletter.com questioning witnesses. If they believe a motorist has broken traffic laws, they may issue a ticket. Insurance companies could also use police reports to determine the fault.

It is normal for drivers to blame one another after an accident. However, this can be harmful. This may not only give the driver behind you a bad impression and could result in you committing a crime in the court.

Most car accidents involve two or more people who share a certain amount of fault. This is why most states have modified comparative fault rules that allow the victim to recover damages that are less than their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage claimant blame in an accident. This could decrease the chance of recovering compensation for injuries.

The the fact that a person is cited in the aftermath of a car accident could be a strong proof that they were the cause of the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case you may need other types of evidence to prove the other driver was negligent and caused you harm. You will need witness testimony, evidence from the scene of an accident and medical documents to prove your injuries.

Police reports

When officers from the police arrive at a car accident site they will fill out an official report. The reports include both information and opinions noted by the officers who were on the scene at the time of the crash. This is a vital document for any lincoln park auto accident lawsuit accident claim. Insurance companies will examine the report in order to determine the cause of the accident and to pay compensation to injured parties.

In accordance with the region, police report are admissible in court or not. The main reason is because the police report includes statements made by people who aren't witnesses in court. These statements must fall within an exception to the law of hearsay to be admissible as evidence.

A typical police report includes information about the car, driver and the victims involved in the crash, in addition to the details of the incident and any evidence found at the scene. A majority of police reports contain the officer's opinions on the reason for the crash and who's at fault.

Even if there is no indication that you are injured, it is still the best option to make a police report even if the incident appears to be minor. Documentation is important since not all injuries are visible immediately.