Auto Accident Legal Matters
If you’ve suffered injuries in an corbin auto accident lawsuit accident, call an experienced attorney as quickly as possible. Your attorney will explain your rights and help you get the compensation that you are entitled to.
All drivers are accountable for adhering to traffic laws. When they breach that duty and cause harm, they are held accountable.
Damages
In general there are two types of damages that can result from an auto accident. The first, known as special damages, are characterized by a clear dollar value that is easy to determine. Special damages include medical expenses as well as lost wages and repairs to vehicles. The second type, which is referred to as non-economic damages are more difficult to quantify. They include things like pain and suffering.
In order to receive compensation for non-economic losses you must establish that your injuries were serious enough to warrant such an award. This is a daunting task and the injured person must be represented by an attorney.
One of the most prevalent types of non-economic damages is the loss of enjoyment in life. It is typically a financial amount that represents a lower quality of living as a result accident-related injuries. This can include the inability of the victim to engage in activities that were once pleasurable, such as driving.
In a few cases, victims can seek punitive damages. The purpose of this type of damage is intended to punish the defendant and deter any future actions that are equally egregious. Punitive damages are not available in all cases. A successful claim will require evidence that the defendant acted with conscious disregard for the safety of others.
Liability
If you’re injured in an automobile accident the person responsible for your injuries is accountable to pay you. This includes compensation for medical expenses, property damages, lost income, and other damages such as discomfort and pain. In most cases, this will be the driver that was responsible for the crash. However, it’s not unusual for both drivers to share some blame. Some states have laws that are called comparative negligence, where the jury determines the percentage of each driver and adjusts the damages awarded according to the percentage.
It is essential that you can demonstrate what transpired to an insurance company or to a jury or judge. This is referred to as the burden of evidence. The plaintiff is responsible for the burden of proof. You have to provide evidence to prove that the accident occurred.
A government entity could also be held accountable for an accident. This can happen when a roadway isn’t properly constructed or maintained and contributes to an accident. These kinds of claims are also referred to as road defect cases. These types of claims can also be brought by manufacturers. They could be held liable for defects like brakes, tires, and mechanical failure.
At-fault driver citations
An officer can often determine the cause by analyzing the scene and interviewing witnesses. If they suspect that a driver has broken traffic laws, they might issue a ticket. Insurance companies may also rely on police reports to determine fault.
After an accident, it’s normal for drivers to point at each one another. But, this can be detrimental. While giving the other driver a negative impression it could result in an admission of guilt, which could be used against you in court.
In most car accidents, there are two or more people who share a percentage of fault. This is the reason why most states follow modified comparative fault rules that allow the claimant to recover damages minus their percentage of fault. An insurance adjuster may apply a traffic citation to increase a claimant’s percentage blame in an accident, which could reduce their potential payment for injuries.
The incident that someone is cited after a car accident may be evidence that they caused the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Depending on the circumstances of your case, you may require other forms of evidence to prove that another driver was negligent and caused you harm. 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 complete an official report. These reports contain both the facts and opinions gathered by officers present at the time of the accident. This is an important document for any jacksonville auto accident lawyer accident claim. Insurance companies will also look over the report for fault and compensation.
Based on the jurisdiction, police reports could or might not be accepted in court. The reason for this is that the police report includes statements made by people who are not sworn witnesses in court. For these statements to be used in a legal matter they must fall within one of the exceptions to hearsay law.
A typical police report will include information about the driver, vehicles and the victims involved in the accident as well as the details of what happened and any evidence found on the scene. Many police reports also include officers’ opinions on the circumstances of the crash and who’s responsible for the incident.
Even if there is no indication that you are injured, it is still recommended to make a police report, even if the accident seems to be minor. Documentation is important because there aren’t all injuries visible right away.