Auto Accident Legal Matters
If you've been injured as a result of an automobile accident, consult an experienced attorney as soon as possible. An attorney can explain your rights and assist to get the compensation you are entitled to.
All drivers are responsible for obeying traffic laws. If auto accident lawsuit reno violate that duty and cause harm, they are accountable.
Damages
In general there are two types of damages that may result from an auto accident. The first kind of damage called special damages, comes with the value of a dollar that is easily determined. Special damages include medical expenses or lost wages, as well as vehicle repairs. The second type, referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.
To be eligible for compensation for noneconomic losses you must show that your injuries were serious enough to warrant an award. This is an extremely difficult job and the person who was injured must be represented by an attorney.
One of the most frequent forms of non-economic damages is the loss of enjoyment in life. It is typically a financial amount that is a reflection of a diminished quality of life due to injuries sustained in accidents. This includes the inability of the victim to engage in activities that were once enjoyable like driving.
In some cases, victims may be allowed to sue for punitive damage. This type of loss is designed to penalize the defendant for a particularly indecent act and to deter others from similar acts in the future. Punitive damages are not available in all cases, and a successful case relies on evidence that shows the defendant committed a crime with a clear disregard for the safety of others.
Liability
If you're injured in an automobile accident the person or entity responsible for the injuries you sustained will be responsible to compensate you. This includes money for your medical expenses as well as property damage, loss of income and noneconomic damages such as suffering and pain. 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 follow what is called comparative negligence laws. In these, jurors determine the percentage of fault each driver is responsible for and adjust the amount of damage in accordance with that percentage.
It is essential to prove to the satisfaction of an insurance company or a jury or judge what took place. The burden of proof is what we call it. The burden is placed on the person making the claim, which is the plaintiff and requires you to show evidence of how your crash occurred.
Another kind of case that may be brought is when a government institution is accountable for the accident. This can occur when a roadway is poorly designed or maintained and this can cause an accident. These types of claims are also known as roadway defect cases. These types of claims can also be brought by manufacturers. They may be responsible for the defects in cars, such as brakes, tires 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. If they believe that a driver has violated traffic laws, they may issue a ticket. Insurance companies may also examine police reports to help identify the source of the fault.
It is natural for drivers to point fingers at one another after an accident. This can be harmful. Apart from giving the other driver the wrong impression, it could result in an admission of guilt which could be used against you in court.
In most car accidents there are usually two or more people who share a percentage of blame. This is the reason that most states use modified comparative blame rules that allow the person who is claiming to recover damages that are less than their portion of the fault. Insurance adjusters can make use of a traffic citation in order to increase a claimant's percentage blame for the accident which could reduce their potential payment for injuries.
The fact that someone is mentioned in a vehicle accident could be evidence that they caused the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case, other types of evidence may be needed to demonstrate that the driver was negligent and caused injury to you. This includes witness testimony, evidence from the scene of the accident as well as medical records regarding your injuries.
Police reports
When law enforcement personnel attend an accident scene they fill out an official police report. The reports will contain both facts and opinions that were recorded by the officers at the scene when the accident occurred. This is an important document for any claim for auto accidents. Insurance companies will also review the report to determine fault and the amount of compensation.
Based on the region, police report are acceptable or not admissible in court. The main reason for this is that the police report includes statements made by people who are not sworn witnesses in court. In order for these statements to be considered as evidence in a legal context, they must fall under one of the exceptions to hearsay law.
A typical police report contains details about the driver, vehicles, and victims involved in the crash, as well as an account of the accident and any evidence that was discovered at the scene. A majority of police reports contain the officer's opinions on the cause of the crash and who's responsible for the incident.
If you're not injured but you are not injured, it is in your best interest to always file a police report for any accident you're involved in, even if it appears to be minor. Documentation is important because there aren't all injuries visible immediately.