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Auto Accident Legal Matters Get in touch with an experienced attorney as soon as possible If you've suffered injuries in a car accident. An attorney can explain your rights and assist you get the compensation you deserve. All drivers are required to obey traffic laws. If they violate that duty and cause injury, they can be held responsible. Damages In general there are two kinds of damages that could result from a car accident. The first kind of damage called special damages, comes with a value in dollars that can be easily determined. Items like medical bills loss of wages, vehicle repairs are examples for special damages. The second kind of damages that are referred to as non-economic damages, is more difficult to quantify. These include things like pain and suffering. To be able to claim compensation for losses that are not economic, it is essential to be able to prove that the injuries sustained were serious enough to merit the award. This is not an easy task and the victim must be represented by an attorney. One of the most popular types of non-economic damages is the loss of enjoyment life. This is usually a monetary amount that represents a lower quality of life due to injuries sustained in accidents. This also is the inability to participate in certain activities, such as driving that were once enjoyable. In a few cases, victims can claim punitive damages. This kind of damage is designed to punish the defendant for a particularly indecent act and also to discourage others from similar acts in the future. Punitive damages are not available in all instances. A successful claim will require evidence that the defendant's actions were carried out with conscious disregard for the safety of others. Liability If you suffer injuries in an automobile accident the person or entity responsible for your injuries will be held accountable to pay you compensation. This includes reimbursement for medical expenses or property damage, loss of income, and non-economic damages, such as discomfort and pain. In most cases, this will be the driver who caused the accident. It is not uncommon for the two drivers to share responsibility. Some states apply what's called comparative negligence laws where the jury will decide the proportion of fault for each driver and adjust the damage amount according to that. It is essential that you prove to the satisfaction of an insurance company or a jury or judge what took place. This is known as the burden of proof. The plaintiff is the one who bears the burden of proof. You must provide evidence to prove that the incident took place. A government entity could also be held responsible for an accident. This can occur when a road is not properly constructed or maintained and results in an accident. These kinds of claims are also known as roadway defect cases. Sometimes, the manufacturers are at fault in these types of claims as well. auto accident lawsuit newport beach may be liable for defects in cars like brakes, tires and mechanical failure. At-fault driver citations An officer can often determine who caused an incident by looking at the scene of the accident and interviewing witnesses. They can issue an order if they believe the driver was in violation of traffic laws. Insurance companies may also review police reports to help determine the cause of the incident. It is common for drivers to blame one another after an accident. This can be harmful. Apart from giving the other driver a negative impression, it could result in an admission of guilt, which could be used against you in court. In most car accidents, there are at least two parties that share a certain amount of fault. This is the reason why most states use modified comparative blame rules that permit the claimant to recover damages that are less than their share of blame. Insurance adjusters can use a traffic citation to increase a claimant's share of fault in the accident, which could reduce their potential payout for their injuries. The fact that someone is mentioned after a car accident can be powerful evidence that they were the cause of the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Depending on the situation additional evidence may be required to show that the other driver was negligent and caused injury to you. You will need witness testimony, evidence at the scene of the accident and medical documents to prove your injuries. Police reports When law enforcement officers attend an accident scene they will complete an official police report. These reports contain both the facts and opinions gathered by officers who were on the scene at the time of the crash. This is a crucial document for any claim involving an auto accident. Insurance companies will examine the report as well to help determine fault and the amount of compensation for the injured parties. Based on the location, police reports are admissible or not in court. The police report contains testimony that aren't officially sworn in as witnesses. To be able to be considered as evidence in a legal context, they must fall under one of the exemptions to hearsay law. A typical police report contains information regarding the driver, vehicles and the victims involved in the crash, as well as a description of what happened and any evidence that was found on the scene. Many police reports also include officers' opinions on what caused the crash and who is to blame for it. Even if you're not injured, it's in your best interests to file a police accident report even if the incident appears to be minor. It is crucial to document the incident because there aren't all injuries visible right away.