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Auto Accident Legal Matters Contact a seasoned attorney immediately if you have been injured in a car crash. An attorney can explain your rights and assist you receive the compensation you deserve. All drivers have a duty to observe traffic laws. They are liable if they violate this duty and cause harm. Damages In general there are two kinds of damages that can result from an automobile accident. The first type, referred to as special damages, are characterized by a clear dollar value that is easy to calculate. Special damages include medical expenses, lost wages and vehicle repairs. The second kind of damage, also known as non-economic damages, is more difficult to quantify. They include things like suffering and pain. To be able to claim compensation for losses that are not economic, it is essential to to show that the injuries suffered were serious enough to warrant the award. This is a difficult task and the injured party must be represented by a lawyer. Loss of enjoyment is among the most frequent non-economic damages. It's usually a financial amount that reflects a reduced quality of living due to injuries sustained in accidents. It also can result in the inability of participating in certain activities, like driving, that used to be enjoyable. In rare instances victims may be able to sue for punitive damages. This kind of compensation is designed to punish the defendant and deter future acts that are as egregious. The possibility of punitive damages is not available in every case and a successful case relies on strong evidence showing that the defendant committed a crime with a clear disregard for other people's safety. Liability If you're injured in a car accident the person or organization responsible for your injuries will be held accountable to pay you compensation. This includes compensation for medical expenses or property damage, loss of income, and other damages, such as discomfort and pain. In the majority of cases, the person who caused the crash will be accountable. It is not uncommon for the two drivers to share responsibility. Certain states follow what's called comparative negligence laws. In these, jurors determine the respective percentage of blame for each driver and adjust the damages awarded accordingly. It is crucial that you show to the satisfaction an insurance company or judge and jury what occurred. This is known as the burden of evidence. The plaintiff bears the burden of proof. You must provide evidence to prove that your accident occurred. Another type of case that could be brought is when a governmental entity is at fault for the accident. This can happen when a road is not maintained properly or designed and contributes to an accident. These types of claims are also known as road defect cases. These kinds of claims can also be brought by manufacturers. They could be held responsible for defects like brakes, tires and mechanical failures. At-fault driver citations An officer will often be able to determine who was the culprit by looking at the scene of the accident and interviewing witnesses. They can issue an accusation if they believe that a motorist violated traffic rules. Insurance companies may also use police reports to determine the fault. Following an accident, it's normal for drivers to stare at each other. However, this can be detrimental. It could not only leave the other driver a negative impression and could cause you to confess guilt in the court. In most car accidents there are usually two or more parties sharing a portion of fault. This is the reason that most states have modified comparative fault rules that permit the claimant to recover damages that are less than their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage responsible for an accident. This can reduce the possibility of a payout for injuries. The incident that someone is cited after a car accident can be evidence that they caused the crash. auto accident lawyer arlington is not an assurance that a personal injury case will be successful. Based on the circumstances of your case you may require other forms of evidence to show that the other driver was negligent and caused harm to you. Witness testimony, evidence from the accident scene and medical documents to show your injuries. Police reports If law enforcement officers are at a car accident scene, they will fill out an official police report. These reports contain both facts and opinions that are compiled by officers who are on scene at the time of the collision. This is a crucial document to be included in any auto accident claim. Insurance companies will study the report as well to help determine the fault and compensate injured parties. Based on the jurisdiction of the police, reports can or may not be admissible in court. The reason for this is that the police report contains statements from people who aren't witnesses in court. These statements must fall under an exception to the law of hearsay to be used as evidence. A typical police report will include details regarding the driver, the vehicles as well as the victims of the crash, as well as the details of the incident and any evidence that was discovered at the scene. Many police reports also include the officer's views on what caused the crash and who is the most to blame for it. If you're not injured however, it is the best option to always complete a police investigation for any incident you're involved in even if the incident appears to be minor. Some injuries don't show up immediately and having a thorough record can be a huge help in helping you win the compensation you're entitled to for your medical expenses.