Auto Accident Legal Matters
Contact an experienced attorney immediately If you've suffered injuries in a car accident. Your lawyer can assist you to understand your rights and receive the compensation you are entitled to.
All drivers are required to abide by traffic laws. If they fail to do so and cause harm, they are held accountable.
Damages
In general there are two types of damages that may result from an automobile accident. The first, known as special damages, are characterized by a clear dollar value that is easy to calculate. Things like medical expenses as well as lost wages and repair work on vehicles are examples of special damages. The second type of damages, referred to as non-economic damage, is more difficult to quantify. They include things like suffering and pain.
To be eligible for compensation for noneconomic losses, you must be able establish that your injuries were severe enough to warrant such an award. This is a difficult task, and the person who has suffered must be represented by an attorney.
Loss of enjoyment of life is one of the most frequent non-economic damages. Generally, this entails the amount of money reflected in the lower quality of life that is experienced because of injuries resulting from accidents. This could include the inability of the victim to participate in activities that were once enjoyable, such as driving.
In rare instances victims can sue for punitive damages. This kind of damages are designed to punish the perpetrator for an egregious violation and also to discourage others from similar acts in the future. The punitive damages might not be available in all cases. A successful claim requires evidence that the defendant was acting with conscious disregard for others' safety.
Liability
If you're injured in an accident involving a vehicle the person responsible for your injuries is responsible to compensate you. This includes money for medical expenses as well as property damage, loss of income and noneconomic damages such as suffering and pain. In the majority of cases, it is the driver who caused the crash. However, it's not uncommon for the two drivers to share some responsibility. Certain states have laws called comparative negligence. the jury decides on the respective percentages of each driver and adjusts the damage amount in proportion.
It is essential 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 is the one who bears the burden of proving. You have to provide evidence to prove that the incident occurred.
A government agency can be liable for an accident. This could occur when a highway is not maintained or constructed properly and contributes to an accident. These claims are also called roadway defect cases. These kinds of claims could 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 who was the cause of an accident by looking at the scene of the accident and interviewing witnesses. If they believe a driver is in violation of traffic laws, they may issue a ticket. Insurance companies may also look at police reports to help them identify the source of the fault.
After an accident, it's normal for drivers to stare at each other. This can be detrimental. This can not only give the other driver a bad impression but could also lead to you admitting guilt in the court.
In auto accident lawsuit illinois there are usually two or more parties sharing a portion of responsibility. This is the reason that most states follow modified comparative fault rules that allow the claimant to claim damages less their portion of the fault. A traffic citation may be used by an insurance adjuster to increase the percentage of blame in an accident. This can decrease the potential payout for injuries.
The the fact that a person is cited in the aftermath of a car accident could be a strong proof 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 harm to you. You will need witness testimony, evidence from the scene of the accident and medical documents to show your injuries.
Police reports
When police officers arrive at a car accident site and are asked to fill out an official report. The reports include both information and opinions gathered by officers who are on scene at the time of the collision. This is an important document for any auto accident claim. Insurance companies also will review the report to determine fault and compensation.
Based on the jurisdiction of the police, reports could or might not be considered admissible in court. The main reason is that the police report includes statements made by people who aren't witnesses in court. These statements must fall under an exception to the hearsay law to be admissible as evidence.
A typical police report contains details about the driver, the vehicles and the people involved in the crash as well as an account of what transpired and any evidence found at the scene. A majority of police reports contain the officer's opinions on the reason for the accident, and who is at fault.
If you're not injured it is ideal to always complete a police investigation for any accident that you are involved in even if the incident appears to be a minor. Documentation is important because not all injuries are visible right away.