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Auto Accident Legal Matters Contact an experienced attorney immediately if you have been injured in a car crash. An attorney can assist you understand your rights and get the compensation you deserve. Every driver is responsible to obey traffic laws. If they do not comply with this duty and cause harm, they are accountable. Damages In general there are two distinct types of damages that can result from an accident. The first type, referred to as special damages, have a specific dollar value that is easy to determine. Special damages are medical bills loss of wages, 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. To receive compensation for non-economic losses it is essential to be able to demonstrate that the injuries suffered were severe enough to merit such an award. This is an extremely difficult task, and the person who has suffered should be represented by an attorney. Loss of enjoyment of life is among the most frequently reported non-economic damages. In general, this is an amount of money that represents the lower quality of life as a result of the injuries caused by accidents. This also includes the inability to participate in certain activities, like driving, that used to be enjoyable. In a few cases victims can pursue punitive damages. This type of damages is designed to punish the defendant and discourage any further actions that are as egregious. Punitive damages may not be available in all cases and a successful case relies on the strength of evidence that proves the defendant committed a crime with a clear disregard for other people's safety. Liability If you are injured in a car accident and are injured, the person or company responsible for the injuries you sustained will be responsible to compensate you. This includes compensation for medical expenses or property damage, loss of income, as well as non-economic damages that include pain and discomfort. In most cases, this will be the driver that caused the crash. However, it's not uncommon for the two drivers to share a portion of the blame. Certain states have what are known as comparative negligence laws. jurors determine the percentage of fault each driver is responsible for and adjust the amount of damage according to that. It is essential that you demonstrate what transpired to an insurance company, or to a judge and jury. The burden of evidence is what we refer to it. The burden is placed on the party making the claim – the plaintiff and requires you to provide the evidence that demonstrates how your crash happened. Another kind of situation that can be brought is when a governmental entity is responsible for the accident. This can happen when a road is not properly maintained or designed which can lead to an accident. These kinds of claims are also known as road defect cases. These types of claims can also be brought by manufacturers. They could be held responsible for defects such as brakes, tires and mechanical failures. At-fault driver citations Often, an officer can determine who caused the accident by looking at the scene of the crash and questioning witnesses. They may write tickets if they believe that a driver has violated traffic laws. auto accident attorney allentown may also look at police reports to determine who is at fault. After an accident, it is normal for drivers to point fingers at each one another. However, this could be harmful. This can not only give the other driver a negative impression however, it could also lead to you admitting guilt in the court. In the majority of car accidents, there are two or more parties that share a certain amount of blame. Many states have modified comparative-fault rules, which allow claimants to recover damages that are less than their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This could decrease the potential payout for injuries. The fact that someone is cited in a car crash could be proof that they are responsible for the crash. It's not a guarantee that a personal injury claim will be successful. Based on the circumstances of your case, you may require additional types of proof to prove that another driver was negligent and caused you harm. Witness testimony, evidence from the scene of the accident and medical documents to prove your injuries. Police reports When police officers arrive at a vehicle accident site and are asked to fill out an official report. These reports include both facts and opinions that were recorded by the officers at the scene when the accident took place. This is a crucial document to be included in any claim for auto accidents. Insurance companies will also look over the report to determine fault and compensation. According to the jurisdiction, police reports are acceptable or not admissible in court. The main reason is that the police report contains statements made by people who aren't witnesses in court. To be able to be considered as evidence in a legal matter, they must fall under one of the exemptions to hearsay law. A typical police report will include information about the driver, vehicles and the victims involved in the crash and an account of the incident and any evidence found at the scene. A majority of police reports contain an officer's opinion on the reason for the crash and who's responsible for the incident. If you're not injured however, it is the best option to always make a police report of any accident that you are involved in, even if it appears to be minor. Documentation is essential because not all injuries are visible immediately.