Auto Accident Legal Matters
Get in touch with an experienced attorney as soon as possible in the event that you've been injured in a car crash. An attorney can assist you know your rights and obtain the compensation you are entitled to.
All drivers are required to observe traffic laws. They are accountable if they breach this duty and cause harm.
Damages
In general there are two distinct kinds of damages that can result from an auto accident. auto accident attorneys st louis , called special damages, have a precise dollar amount that is easy to calculate. Things like medical bills loss of wages, vehicle repair are examples of special damages. The second kind of damages which is referred to as non-economic damages, is more difficult to quantify. They include things like pain and suffering.
In order to receive compensation for non-economic losses it is essential to to show that the injuries suffered were severe enough to merit the compensation. This is a difficult task, and the injured must be represented by an attorney.
One of the most common forms of non-economic damages is the loss of enjoyment life. This is usually a financial amount that indicates a decreased quality of living as a result accident-related injuries. Also, it is the inability to participate in certain activities, such as driving, that were once enjoyable.
In rare instances victims may be able to claim punitive damages. This kind of compensation is intended to punish the defendant and deter any future actions that are equally egregious. Damages for punitive purposes are not available in all cases, and a successful claim relies on the strength of evidence that proves the defendant committed a crime with a clear disregard for other people's safety.
Liability
If you suffer injuries in an accident involving a vehicle the person responsible for your injuries is responsible to compensate you. This includes compensation for medical expenses as well as property damage, lost income, and any other non-economic damage like pain and discomfort. In most cases, this is the driver who caused the crash. It is not unusual for two drivers to share responsibility. Certain states have laws called comparative negligence. In these cases, jurors determine the respective percentages of each driver and adjusts the damages awarded in proportion.
It is essential to demonstrate what transpired to an insurance company, or to a judge and jury. This is referred to as the burden of proof. The plaintiff bears the burden of proof. You must present evidence to prove that your accident took place.
Another type of situation that can be filed is when a government agency is at fault for the accident. This could happen when a roadway has been poorly constructed or maintained, and this causes an accident. These kinds of claims are also referred to as road defect cases. These types of claims may also be brought by manufacturers. They could be held accountable for car-related defects such as brakes, tires and mechanical failure.
At-fault driver citations
Most of the time, police officers can determine the cause of an accident by studying the crash scene and interviewing witnesses. They might issue an order if they believe that a motorist violated traffic rules. Insurance companies take a look at police reports to help determine fault.
After an accident, it is normal for drivers to point fingers at each one another. This can be harmful. This could not only give the other driver a negative impression, but it could also result in you committing a crime in the court.
Most car accidents can involve two or more individuals with varying degrees of blame. This is the reason why most states use modified comparative blame rules that allow the person who is claiming to recover damages minus their proportion of fault. Insurance adjusters can use a traffic citation to increase a claimant's percentage of blame for the accident which may reduce their 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 a guarantee of the outcome of a personal injury lawsuit. Depending on your case additional evidence may be needed to show that the other driver was negligent and injured you. This could include witness testimony, evidence at the scene of the accident, and medical records of your injuries.
Police reports
When police officers arrive at a car crash site they will fill out an official report. These reports include both the facts and opinions recorded by the officers at the scene when the accident occurred. This is an important document for any auto accident claim. Insurance companies also will review the report to determine fault and the amount of compensation.
In accordance with the jurisdiction, police reports are admissible or not. The main reason is that the police report contains statements made by people who aren't sworn witnesses in court. To allow these statements to be considered as evidence in a legal context, they must fall under one of the exemptions to hearsay law.
A typical report from a police officer contains details regarding the driver, vehicles and victims involved in the accident along with an account of the incident and any evidence found on the scene. The majority of police reports include officers' opinions on what caused the crash and who's responsible for the incident.
Even if there is no indication that you are injured, it's the best option to file a police accident claim, even if the accident seems to be minor. Documentation is important since not all injuries are visible right away.