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Auto Accident Legal Matters Contact an experienced attorney immediately If you've suffered injuries in a car crash. An attorney can explain your rights and assist you receive the compensation you deserve. All drivers are required to observe traffic laws. They are liable if they violate this duty and cause harm. Damages In general there are two distinct types of damages that can result from an automobile accident. The first, known as special damages, have a precise dollar amount that is easy to determine. Special damages include medical expenses, lost wages and repairs to vehicles. The second type of damage which is referred to as non-economic damages is more difficult to quantify. They include things like pain and suffering. To be able to claim compensation for losses that are not economic, it is essential to to prove that the injuries sustained were serious enough to merit the award. This is a daunting task and the victim must be represented by a lawyer. Loss of enjoyment is among the most frequent non-economic damages. This is usually a monetary amount that is a reflection of a diminished quality of life as a result accident-related injuries. This includes the inability of the victim to take part in activities that were once enjoyable like driving. In rare cases victims may be in a position to sue for punitive damages. The purpose of this type of damage is intended to punish the perpetrator and deter any future actions which are as indecent. The possibility of punitive damages is not available in all cases and a successful case relies on the evidence that proves the defendant acted with a conscious disregard for other people's safety. Liability If you suffer injuries in a car accident and are injured, the person or company responsible for the injuries you sustained will be responsible to pay you compensation. This will include money for medical expenses and property damage, as well as loss of income, as well as other damages such as suffering and pain. In the majority of cases, it will be the driver that was responsible for the crash. However, it's not unusual for both drivers to share a portion of the blame. Certain states follow what's called comparative negligence laws. In these, jurors determine the respective percentage of blame for each driver and adjust the damages awarded according to that. It is crucial to demonstrate what transpired to an insurance company or to a jury or judge. This is referred to as the burden of proof. The burden is placed on the person who makes the claim, which is the plaintiff and it requires you to show the evidence that demonstrates how your crash occurred. Another type of case that could be filed is when a government agency is responsible for the accident. This could occur when a highway is not maintained or constructed properly and contributes to an accident. These types of claims are also known as roadway defect cases. These kinds of claims can also be brought by manufacturers. They could be held responsible for defects like brakes, tires and mechanical failure. At-fault driver citations An officer can often determine the cause of an incident by analyzing the scene of the accident and interviewing witnesses. If they believe a motorist has broken traffic laws, they could issue a ticket. Insurance companies may take a look at police reports to help determine fault. It is common for drivers to blame one another following an accident. But, this can be harmful. Apart from giving the other driver a negative impression, it could lead to an admission of guilt, which could be used against you in court. The majority of car accidents involve two or more persons who share a certain amount of blame. This is the reason that most states use modified comparative blame rules that permit the claimant to recover damages that are less than their proportion of fault. auto accident lawyer south gate can be used by an insurance adjuster to increase the percentage of claimant fault in an accident. This can reduce the amount of compensation for injuries. The fact that someone is cited following a car crash could be strong evidence that they caused the crash. However, it's not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case you may require other forms of evidence to prove that the other driver was negligent and caused you harm. Witness testimony, evidence from the scene of the accident and medical records to prove your injuries. Police reports If law enforcement officers are at the scene of a car crash they will fill out an official police report. The reports contain both the facts and opinions observed by the officers on the scene at the time the incident occurred. This is a crucial document to be included in any auto accident claim. Insurance companies will scrutinize the report as well to determine fault and the amount of compensation for the parties who have been injured. In accordance with the jurisdiction, police reports are admissible or not. The main reason is because the police report contains statements from people who aren't witnesses in court. These statements must fall within an exception to the law of hearsay to be used as evidence. A typical police report will include details about the car, driver and the victims involved in the crash, in addition to a description of the incident and any evidence that was found at the scene. Many police reports also include the officer's views on how the accident occurred and who is the most to blame for it. If you're not injured, it is in your best interest to always complete a police investigation for any incident you're involved in even if it appears minor. Documentation is essential because not all injuries are visible immediately.