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Auto Accident Legal Matters Get in touch with an experienced attorney as soon as possible when you've been injured in a car crash. Your attorney can help you understand your rights and get the compensation you deserve. All drivers are obliged to follow traffic laws. They are liable if they do not abide by this obligation and cause harm. Damages Generally speaking, there are two types of damages that may result from a car accident. The first type, known as special damages, have a dollar value that is easily determined. Special damages include medical expenses loss of wages, repairs to vehicles. The second type, which is referred to as non-economic damages, are more difficult to quantify. These include things such as suffering and pain. In order to be compensated for non-economic losses you must establish that your injuries were serious enough to warrant such an award. This is an extremely difficult task and the injured person must be represented by an attorney. One of the most prevalent kinds of non-economic damage is the loss of enjoyment life. Generally, this entails an amount in dollars that represents the diminished quality of life resulting as a result of injuries caused by accidents. This includes the inability for the victim to take part in activities that were once enjoyable, such as driving. In a few cases victims could be in a position to sue for punitive damages. This kind of damage is intended to punish the defendant for a particularly indecent act and to deter others from repeating the same actions in the future. The possibility of punitive damages is not available in all cases and a successful claim is based on evidence that shows the defendant acted with conscious disregard for other people's safety. Liability If you suffer injuries in an automobile accident, the person or entity responsible for your injuries is liable to pay you compensation. This includes compensation for medical expenses as well as property damage, loss of income, and other non-economic damages like suffering and pain. In the majority of cases, the person who caused a accident will be the one responsible. It is not uncommon for the two drivers to share responsibility. Some states follow what is known as comparative negligence laws, where jurors determine the respective percentage of blame for each driver and adjust the damage amount according to that. It is essential that you can prove what happened to an insurance company or to a judge and jury. This is referred to as the burden of proof. The burden is placed on the party making the claim – the plaintiff and it requires you to show evidence of how your crash happened. Another type of case that could be filed is when a government institution is accountable for the accident. This could happen when a road is not maintained or constructed properly, and this contributes towards an accident. These are also known as roadway defect cases. auto accident lawsuit fort worth of claims can also be brought by manufacturers. They could be held accountable for car defects like brakes, tires and mechanical failure. At-fault driver citations In most cases, an officer is able to determine the cause of an accident by studying the crash 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. Following an accident, it is normal for drivers to stare at each one another. But, this can be harmful. This could not only give the other driver a bad impression and could lead to you admitting guilt in court. In most car accidents, there are usually two or more people who share a percentage of blame. This is why most states use modified comparative blame rules that allow the person who is claiming to claim damages less their percentage of fault. Insurance adjusters can make use of a traffic citation in order to increase a claimant's percentage of fault in the accident, which can reduce their settlement for their injuries. The fact that someone is mentioned in a vehicle crash could be a strong proof that they are responsible for the crash. However, it is not a guarantee of the outcome of an injury lawsuit. Based on the circumstances of your case, you may need other types of evidence to show that another driver was negligent and caused you harm. This could include witnesses' testimony, evidence from the scene of the accident as well as medical records detailing your injuries. Police reports When officers from the police arrive at a car crash site and are asked to fill out an official report. These reports contain both the facts and opinions that are compiled by officers who were on the scene at the time of the crash. This is a crucial document for any auto accident claim. Insurance companies will also review the report to determine fault and compensation. According to the area of jurisdiction, police reports can be admissible or not in court. The reason for this is that the police report contains statements by people who aren't sworn witnesses in court. These statements must fall under an exception to the hearsay law to be admissible as evidence. A typical report from a police officer includes details about the vehicle, driver, and victims involved in the crash, in addition to a description of the incident and any evidence that was discovered at the scene. A majority of police reports also include officers' opinions on the circumstances of the crash and who is most to blame for it. If you are not hurt but you are not injured, it is recommended that you always complete a police investigation for any accident that you are involved in even if the incident appears to be a minor. Not all injuries show up immediately and having a thorough record can make a big difference in helping you claim the compensation you're entitled to for your medical expenses.