urbandale auto accident law firm Accident Legal Matters
Contact a seasoned attorney immediately If you’ve suffered injuries in a car crash. Your lawyer can assist you to understand your rights and receive the compensation you deserve.
All drivers have a duty to abide by traffic laws. They are accountable if they break this duty and cause harm.
Damages
In general there are two distinct types of damages that may result from an accident. The first, known as special damages, have a clear dollar value that is easy to calculate. Special damages are medical bills as well as lost wages and repairs to vehicles. The second type of damage, referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain.
To be able to claim compensation for non-economic losses it is necessary to be able to demonstrate that the injuries suffered were serious enough to warrant the compensation. This is a difficult task and the injured party must be represented by an attorney.
The loss of enjoyment is one of the most common non-economic damages. This usually involves an amount of money that represents the lower quality of life that is experienced because of injuries resulting from accidents. This includes the inability of the victim to participate in activities that were once pleasurable, such as driving.
In rare instances, victims may be capable of suing for punitive damages. This type of loss is intended to punish the defendant for a particularly indecent act and to deter others from repeating the same actions in the future. Punitive damages are not available in all cases and a successful claim is based on strong evidence showing that the defendant committed a crime with a clear disregard for other people’s safety.
Liability
When you are injured in an automobile accident the person or organization responsible for your injuries will be held accountable to pay you compensation. This includes compensation for medical expenses, property damages, lost income, as well as non-economic damages like discomfort and pain. In most cases, the person who caused the accident will be the one responsible. However, it is not uncommon for both drivers to share some blame. Some states have laws that are known as comparative negligence, in which jurors determine each driver’s percentage and adjusts the damages awarded according to the percentage.
It is vital that you prove what happened to an insurance company, or to a judge and jury. This is known as the burden of proof. The burden is placed on the party making the claim, namely the plaintiff and requires you to provide the evidence that demonstrates how your accident occurred.
A government entity can be liable for an accident. This can happen when a roadway has been poorly constructed or maintained and results in an accident. These types of claims are also referred to as road defect cases. These types of claims can also be brought by manufacturers. They may be held accountable for the defects in brakes, tires, and mechanical failure.
At-fault driver citations
An officer can often determine the cause by analyzing the accident scene and interviewing witnesses. They might issue a ticket if they think a driver violated traffic laws. Insurance companies can also use police reports to determine fault.
It is natural for drivers to point fingers at one another after an accident. However, this can be harmful. This could not only give the driver behind you a bad impression however, it could also cause you to confess guilt in court.
Most car accidents can be caused by two or more people who share a certain amount of responsibility. Many states have modified comparative-fault rules, which allow claimants to recover damages that are less than their percentage of fault. A traffic citation can be used by an insurance adjuster to increase the percentage of blame in an accident. This could reduce the chance of recovering compensation for injuries.
The fact that someone is mentioned in the aftermath of a car accident could be evidence that they caused the crash. It’s not any guarantee that a personal-injury case will be successful. Based on the circumstances of your case you may need other types of evidence to prove the negligence of another driver caused you harm. This could include witness 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 vehicle accident site they complete an official report. These reports include both the details and opinions observed by the officers on the scene when the incident occurred. This is an important document to be included in any alaska auto accident attorney accident claim. Insurance companies will also examine the report for fault and compensation.
Based on the location, police reports are admissible or not. The police report may contain statements that aren’t sworn in as witnesses. These statements must fall within an exception to the hearsay law to be used as evidence.
A typical police report contains information about the vehicle, driver and the victims involved in the crash, along with the details of the incident and any evidence that was discovered at the scene. A majority of police reports contain the officer’s opinion about the cause of the accident and Vimeo who’s to blame.
If you are not hurt, it is recommended that you always file a police report for any accident that you are involved in even if it seems to be minor. Documentation is essential because there aren’t all injuries visible immediately.
