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Auto Accident Legal Matters If you've been injured as a result of an accident in the car, you should contact an experienced attorney as soon as you can. Your lawyer can assist you understand your rights and get the compensation you deserve. All drivers are responsible for adhering to traffic rules. They are accountable if they do not abide by this obligation and cause harm. Damages In general, there are two types of damages that could result from a car crash. The first, known as special damages, have a specific dollar value that is easy to determine. Items like medical bills or lost wages as well as vehicle repairs are examples for special damages. The second type of damage, referred to as non-economic damages, are more difficult to quantify. These include things such as pain and suffering. To receive compensation for noneconomic losses you must establish that your injuries were serious enough to warrant an award. This is a daunting task and the injured person must be represented by an attorney. One of the most popular kinds of non-economic damages is the loss of enjoyment life. This is usually a monetary amount that is a reflection of a diminished quality of life due to injuries caused by accidents. This also involves the inability to take part in certain activities, like driving, that used to be enjoyable. In rare instances victims may be able to pursue punitive damages. This type of loss is designed to punish the defendant for a particularly egregious act, and serves to deter others from similar acts in the future. Punitive damages may not be available in all cases and a successful claim relies on the evidence that proves the defendant acted with a conscious disregard for other people's safety. Liability If you are injured in an automobile accident, the person or entity 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 pain and discomfort. In the majority of instances, the driver who caused a accident will be responsible. It is not uncommon for the two drivers to share responsibility. Certain states have laws called comparative negligence. a jury determines the respective percentages of each driver and adjusts the damages awarded in accordance with the percentage. It is vital that you prove what happened to an insurance company or to a jury or judge. The burden of evidence is what we call it. The plaintiff is the one who bears the burden of proving. You have to provide evidence to prove that your accident took place. auto accident attorneys fargo can also be held responsible for an accident. This could be the case when a road is not properly maintained or designed and causes an accident. These kinds of claims are also referred to as road defect cases. These kinds of claims can also be brought by manufacturers. They could be held responsible for the defects in brakes, tires and mechanical failures. At-fault driver citations Most of the time, police officers can determine the cause of an accident by looking at the crash scene and interviewing witnesses. If they believe a motorist has broken traffic laws, they could issue a ticket. Insurance companies also examine police reports to determine who is at fault. After an accident, it's normal for drivers to glare at each other. This can be harmful. This may not only give the driver behind you a bad impression however, it could also cause you to admit guilt in court. In the majority of car accidents, there are usually two or more parties that share a certain amount of responsibility. The majority of states have modified comparative fault rules, which allow claimants to recover damages that are less than their share of blame. Insurance adjusters can make use of a traffic citation in order to increase a claimant's percentage blame in an accident, which may reduce their payout for their injuries. The incident that someone is cited following a car crash could be powerful evidence that they were the cause of the crash. It's not a guarantee that a personal injury claim will be successful. Based on the circumstances of your case you may need other types of evidence to show that another driver was negligent and caused harm to you. This could include witness testimony, evidence taken from the scene of the accident and medical records detailing your injuries. Police reports When officers from the police arrive at a car crash site they will fill out an official report. These reports contain both facts and opinions that are compiled by officers on the scene at the time of the crash. This is a crucial document to be included in any auto accident claim. Insurance companies also will review the report to determine fault and the amount of compensation. Depending on jurisdiction, police reports may or may not be admissible in court. The police report contains testimony of people who haven't been officially sworn in as witnesses. To allow these statements to be used in a legal case, they must fall under one of the exceptions to hearsay law. A typical police report will include information about the driver, vehicles and victims involved in the crash along with an account of the incident and any evidence found at the scene. Many police reports include an officer's view on the cause of the accident and who's to blame. Even if you don't feel injured, it is still in your best interests to make a police report even if the incident appears to be minor. It is crucial to document the incident because there aren't all injuries obvious immediately.