Auto Accident Legal Matters
If you've been injured in an accident in the car, you should contact an experienced attorney as soon as you can. Your lawyer can help you learn about your rights and help you get the compensation that you are entitled to.
auto accident lawyer santa monica are accountable for adhering to traffic laws. They are held accountable if 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 type, referred to as special damages, have a precise dollar value that is easy to determine. Special damages are medical bills or lost wages, as well as repairs to vehicles. The second kind of damages, also known as non-economic damage is more difficult to quantify. These include things such as suffering and pain.
In order to receive compensation for non-economic losses, it is essential to to prove that the injuries sustained were serious enough to merit such an award. This is a daunting task, and the injured should be represented by an attorney.
One of the most prevalent kinds of non-economic damages is the loss of enjoyment life. It's usually a financial amount that reflects a reduced quality of life because of injuries resulting from accidents. This includes the inability for the victim to participate in activities that were once pleasurable like driving.
In a few cases victims may be allowed to sue for punitive damages. This type of damages is intended to penalize the defendant and discourage future acts that are just as bad. The punitive damages might not be available in all circumstances. A successful claim requires evidence that the defendant was acting with conscious disregard for others' safety.
Liability
If you suffer injuries in an automobile accident, the person responsible for your injuries is responsible to pay you. This includes reimbursement for medical expenses or property damage, loss of income, as well as non-economic damages, such as pain and discomfort. In the majority of instances, the driver who caused a crash will be accountable. It is not uncommon for two drivers to share blame. Certain states have what are known as comparative negligence laws, where jurors will determine the respective percentage of blame for each driver and adjust the amount of damage according to that.
It is important that you prove to the satisfaction of an insurance company, jury or judge what took place. The burden of proof is what we call it. The burden falls on the person who makes the claim, which is the plaintiff and it requires you to show proof of how the crash occurred.
A government agency can be liable for an accident. This could occur when a highway is not maintained or constructed properly, and this contributes towards an accident. These are also known as roadway defect cases. These kinds of claims could also be brought by manufacturers. They may be responsible for car-related defects such as tires, brakes and mechanical failure.
At-fault driver citations
Usually, a police officer can determine who caused an accident by analyzing the scene of the crash and speaking with witnesses. If they believe that a driver is in violation of traffic laws, they might issue a ticket. Insurance companies could also use police reports to determine the fault.
Following an accident, it's normal for drivers to stare at each one another. However, this could be detrimental. This could not only give the other driver a negative impression but could also cause you to confess guilt in court.
Most car accidents be caused by two or more people who share a portion of responsibility. This is the reason why most states follow modified comparative fault rules that permit the claimant to recover damages that are less than their share of blame. An insurance adjuster can sometimes utilize a traffic ticket to increase the percentage of blame in an accident, which can reduce their payout for their injuries.
The fact that someone is mentioned after a car accident can be strong evidence that they were the cause of 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 need other types of evidence to prove that the negligence of another driver caused you harm. This could include witness testimony, evidence at the scene of the accident, and medical records detailing your injuries.
Police reports
When law enforcement officers attend the scene of a car accident they will complete an official police report. These reports include both the information and opinions noted by the officers on the scene when the accident occurred. This is an important document for any auto accident claim. Insurance companies will study the report in order to help determine fault and the amount of compensation for injured parties.
Depending on jurisdiction, police reports may or may not be considered admissible to court. The police report contains statements from individuals who haven't been officially sworn in as witnesses. These statements must be included in an exception to the hearsay law in order to be used as evidence.
A typical report from a police officer contains details about the driver, vehicles involved and the victims in the crash as well as an account of what transpired and any evidence discovered on the scene. Many police reports also include the officer's opinion on how the accident occurred and who is most responsible for the incident.
Even if there is no indication that you are injured, it is still beneficial to submit a police accident report even if the incident seems to be minor. Not all injuries are apparent right away and having evidence can help in helping you win the compensation you're entitled to for your medical expenses.