Auto Accident Legal Matters
If you are injured in an accident in the car, you should contact an experienced attorney as quickly as possible. Your attorney will explain your rights and help you get the compensation you deserve.
All drivers are responsible for adhering to traffic rules. They are accountable if they break this duty and cause harm.
Damages
In general, there are two different kinds of damages that can result from an auto accident. The first, known as special damages, have a precise dollar amount that is easy to determine. Examples of special damages include medical bills or lost wages as well as repairs to vehicles are examples of special damages. The second kind of damage, referred to as non-economic damage is more difficult to quantify. They include things like suffering and pain.
In order to receive compensation for non-economic losses, it is essential to be able to demonstrate that the injuries suffered were serious enough to warrant the award. This is not an easy task and the person who was injured should be represented by an attorney.
Loss of enjoyment is among the most commonly reported non-economic losses. This is usually a monetary amount that represents a lower quality of living due to injuries sustained in accidents. This could include the inability of the victim to engage in activities that were once pleasurable like driving.
In some cases victims can pursue punitive damages. This type of damage is designed to punish the defendant for a particularly indecent act, and serves to deter other people from doing the same in the future. Damages for punitive intent may not be available in all circumstances. A successful claim requires evidence that the defendant was acting with conscious disregard for the safety of others.
Liability
If you are injured in an auto accident, the person responsible for your injuries is accountable to compensate you. This includes money for medical expenses and property damage, as well as loss of income, as well as other damage like suffering and pain. In the majority of cases, the person who caused a crash will be accountable. It is not uncommon for two drivers to share responsibility. Certain states have laws known as comparative negligence, in which the jury determines the percentage of each driver and adjusts the damage award in proportion.
It is essential that you demonstrate to the satisfaction an insurance company or a judge and jury what occurred. The burden of evidence is what we call it. The plaintiff is the one who bears the burden of proving. You must present evidence to prove that the accident happened.
A government institution can also be held responsible for an accident. This can happen when a road is not maintained properly or designed and causes an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are the ones to blame in these claims as well. They could be held responsible for defects like brakes, tires, and mechanical failure.
At-fault driver citations
In most cases, an officer is able to determine who was the cause of an accident by studying the scene of the crash and questioning witnesses. If they believe that a driver has violated traffic laws they may issue a ticket. Insurance companies may also rely on police reports to determine the fault.
Following an accident, it is normal for drivers to point fingers at each other. This can be detrimental. It could not only leave the other driver a bad impression and could cause you to confess guilt in court.
auto accident attorneys nashua of car accidents be caused by two or more people who share some degree of fault. This is the reason why most states use modified comparative blame rules that allow the person who is claiming to recover damages that are less than their share of blame. A traffic citation may be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This can reduce the potential payout for injuries.
The fact that someone is mentioned in a car accident could be evidence that they were responsible for the accident. However, it's not an assurance of the outcome of an injury lawsuit. Based on the circumstances of your case, other types of evidence may be required to prove that the other driver was negligent and caused injury to you. This includes witness testimony, evidence at the scene of the accident as well as medical records detailing your injuries.
Police reports
When law enforcement personnel attend an accident scene, they will fill out an official police report. The reports will contain both facts and opinions taken note of by the officers who were on the scene at the time the accident occurred. It is an essential document for any auto accident claims. Insurance companies will review the report to determine the fault and compensate the parties who have been injured.
Based on the jurisdiction of the police, reports may or may not be considered admissible to court. The main reason is because the police report contains statements by people who aren't sworn witnesses in court. To be able to be considered as evidence in a legal proceeding they must be covered by one of the hearingsay exceptions under law.
A typical report from a police officer contains information about the driver, the vehicles and victims involved in the crash and an account of what transpired and any evidence that was found on the scene. Many police reports also contain officers' opinions on how the crash happened and who is to blame.
Even if you're not injured, it is still beneficial to file a police accident claim, even if the accident seems minor. Documentation is important since not all injuries are visible immediately.