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Auto Accident Legal Matters If you've been injured as a result of an auto accident, call an experienced attorney as soon as you can. Your attorney can help you know your rights and obtain the compensation you are entitled to. Every driver is responsible to obey traffic laws. They are held accountable if break this duty and cause harm. Damages Generally speaking there are two types of damages that could result from a car accident. The first type of damage, known as special damages, have the value of a dollar that is easily calculated. Special damages are medical bills or lost wages, as well as repairs to vehicles. The second type, which is referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain. In order to receive compensation for non-economic losses, it is necessary to be able to prove that the injuries suffered were serious enough to merit the award. This is a difficult task and the injured person must be represented by an attorney. Loss of enjoyment is one of the most frequent non-economic damages. It is usually an amount in dollars that represents the diminished quality of life resulting as a result of injury caused by an accident. This also is the inability to participate in certain activities, like driving, that used to be enjoyable. In rare instances victims might be in a position to sue for punitive damage. This type of damage is designed to punish the defendant for a particularly indecent act and to deter others from doing similar things in the future. Punitive damages may not be available in every case, and a successful case relies on the strength of evidence that proves the defendant acted with conscious disregard for the safety of others. Liability If you suffer injuries in a car accident, the person or entity responsible for your injuries will be held accountable to compensate you. auto accident attorney waco includes compensation for medical expenses, property damage, loss of income, as well as other injuries like suffering and pain. In the majority of cases, it will be the driver that was responsible for the crash. It is not unusual for two drivers to share responsibility. Certain states have laws that are called comparative negligence, where the jury decides on the percentage of each driver and adjusts the damage award according to the percentage. It is crucial to prove what happened to an insurance company, or to a jury or judge. The burden of proof is what we call it. The plaintiff bears the burden of proof. You must present evidence to prove that your accident took place. Another type of case that could be brought is when a government entity is the one responsible for the accident. This could occur when a roadway is not properly maintained or designed, and this contributes towards an accident. These kinds of claims are also known as road defect cases. Sometimes, manufacturers are the ones to blame in these claims as well. They may be responsible for car-related defects like brakes, tires and mechanical failure. At-fault driver citations A police officer is often able to determine the cause of an incident by analyzing the scene and interviewing witnesses. If they suspect that a driver is in violation of traffic laws, they may issue a ticket. Insurance companies take a look at police reports to help them identify the source of the fault. It is common for drivers to point fingers at one another following an accident. This can be detrimental. While giving the other driver a negative impression it could lead to an admission of guilt, which could be used against you in court. Most car accidents be caused by two or more people who share a certain amount of responsibility. This is the reason that most states have modified comparative fault rules that allow the claimant to claim damages less their percentage of fault. Insurance adjusters can make use of a traffic citation in order to increase the percentage of responsibility for the accident, which may reduce their settlement for their injuries. The the fact that a person is cited after a car accident can be powerful evidence that they were the cause of the crash. However, it's not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case you may require other forms of evidence to prove an other driver was negligent and caused harm to you. This could include witness testimony, evidence taken from the scene of the accident, and medical records of your injuries. Police reports When police officers arrive at a car accident site and are asked to fill out an official report. The reports will contain both facts and opinions noted by the officers who were on the scene at the time of the collision. This is an important document to be included in any auto accident claim. Insurance companies will review the report to determine fault and compensation for the victims. According to the jurisdiction, police reports can or may not be admissible in court. The police report may contain statements from people who aren't certified as witnesses. To be able to be considered as evidence in a legal matter they must fall under one of the hearingsay exceptions under law. A typical police report contains information about the driver, the vehicles involved and the victims in the accident, as well as an account of the incident and any evidence found at the scene. Many police reports include an officer's view on the reason for the accident and who is to blame. If you are not hurt, it is ideal to always file a police report for any accident that you are involved in, even if it appears minor. Not all injuries show up right away, and having solid documentation can help in helping you get the money you deserve for your medical expenses.