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Auto Accident Legal Matters If you've suffered injuries in an accident in the car, you should contact an experienced attorney as quickly as you can. Your attorney can help you to understand your rights and receive the compensation you deserve. All drivers are responsible to obey traffic laws. They can be held accountable if they violate this duty and cause harm. Damages Generally speaking there are two kinds of damage that can result from a car crash. The first type of damages, known as special damages, comes with an amount that is easily determined. Items like medical bills, lost wages, and repairs to vehicles are examples of special damages. The second kind, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain. To be able to claim compensation for losses that are not economic, it is essential to be able to prove that the injuries suffered were serious enough to merit the award. This is a difficult task and the injured person should be represented by an attorney. The loss of enjoyment is one of the most common non-economic damages. Generally, this entails an amount in dollars that represents the diminished quality of life as a result of accident-related injuries. It also includes the inability to participate in certain activities, like driving, that were once enjoyable. In rare cases, victims can seek punitive damages. The purpose of this type of damage is intended to penalize the defendant and discourage future acts which are as indecent. Damages for punitive purposes are not available in every case and a successful claim relies on evidence that shows the defendant committed a crime with a clear disregard for the safety of others. Liability When you are injured in a car accident and are injured, the person or company responsible for your injuries will be liable to compensate you. This includes compensation for medical costs, property damages, lost income, and non-economic damages like pain and discomfort. In most cases, this will be the driver that caused the crash. It is not uncommon for two drivers to share the blame. Some states apply what's called comparative negligence laws where jurors will determine the respective percentage of blame for each driver and adjust the damage award accordingly. It is essential to show to the satisfaction an insurance company or jury or judge what happened. The burden of proof is what we call it. The plaintiff has the burden of proof. You must provide evidence to prove that the accident happened. Another kind of situation that can be filed is when a governmental entity is responsible for the accident. This can be the case when a road is not properly maintained or designed which can lead to an accident. These are also known as road defect cases. These types of claims can also be brought by manufacturers. They may be held accountable for defects such as brakes, tires and mechanical failures. At-fault driver citations An officer will usually determine the cause by analyzing the scene and interviewing witnesses. They can issue an order if they believe that a motorist violated traffic rules. Insurance companies also look at police reports to determine fault. It is normal for drivers to blame one another following an accident. This can be detrimental. Apart from giving the other driver a bad impression, it could lead to an admission of guilt, which could be used against you in court. In auto accident law firm hawaii , there are two or more parties that share a certain amount of blame. This is the reason that most states have modified comparative fault rules that allow the claimant to seek compensation for damages minus their portion of the fault. An insurance adjuster may make use of a traffic citation in order to increase a claimant's percentage of responsibility for the accident, which can reduce their settlement for their injuries. The fact that someone is mentioned in a car crash could be proof that they are responsible for the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case you may require additional types of proof to prove that the other driver was negligent and caused harm to you. This could include witness testimony, evidence taken from the scene of the accident as well as medical records detailing your injuries. Police reports When law enforcement officers visit an accident scene they will fill out an official police report. These reports contain both the facts and opinions that are compiled by officers present at the time of the crash. This report is essential for any auto accident claims. Insurance companies will also examine the report to determine the fault and amount of compensation. Based on the region, police report are admissible in court or not. The main reason is because the police report contains statements made by individuals who are not sworn witnesses in court. To allow these statements to be considered as evidence in a legal case, they must fall under one of the exceptions to hearsay law. A typical report from a police officer includes details about the car, driver, and victims involved in the crash, as well as the details of the incident and any evidence that was discovered at the scene. The majority of police reports include the officer's opinions about the circumstances of the crash and who is the most to blame for it. Even if you don't feel injured, it's recommended to submit a police accident report, even if the accident seems to be minor. There are many injuries that do not show up right away and having a thorough record can make a big difference in helping you claim the compensation you're entitled to for your medical expenses.