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Auto Accident Legal Matters Contact an experienced attorney right away if you have been injured in a car accident. Your attorney can help you know your rights and obtain the compensation that you deserve. Every driver is required to follow traffic laws. They are held accountable if breach this duty and cause harm. Damages In general there are two distinct types of damages that can result from an automobile accident. The first type known as special damages, have an amount that is easily determined. Items like medical bills loss of wages, vehicle repair are examples of special damages. The second type of damage, referred to as non-economic damages are more difficult to quantify. These include things like suffering and pain. To be able to claim compensation for losses that are not economic, it is necessary to be able to prove that the injuries sustained were serious enough to merit the amount. This is an extremely difficult job and the person who was injured should be represented by an attorney. The loss of enjoyment is among the most frequent non-economic damages. Generally, this entails an amount of money that represents the diminished quality of life because of injuries caused by accidents. It also is the inability to participate in certain activities, like driving, that were once enjoyable. In rare instances victims may be allowed to sue for punitive damages. This kind of damages are intended to punish the defendant for an egregious violation, and serves to deter others from doing similar things in the future. Punitive damages may not be available in every case, and a successful claim is based on the evidence that proves the defendant acted with a conscious disregard for the safety of others. Liability If you're injured in an accident in a car and are injured, the person or company responsible for your injuries will be held accountable to pay you compensation. This includes compensation for medical costs and property damages, as well as lost income, and other damages that include pain and discomfort. In most cases, this is the driver who caused the crash. It is not uncommon for two drivers to share the blame. Certain states have laws called comparative negligence. In these cases, jurors determine the respective percentages of each driver and adjusts the damages awarded accordingly. It is essential to prove what happened to an insurance company or to a judge and jury. The burden of evidence is what we call it. The burden falls on the person who makes the claim – the plaintiff – and it requires you to show proof of how the accident occurred. A government entity can also be held accountable for an accident. This could occur when a roadway is not properly maintained or designed and contributes to an accident. These kinds of claims are also referred to as road defect cases. Sometimes, auto accident lawyer elgin are the ones to blame in these types of claims too. They could be held liable for the defects in 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 accident scene and interviewing witnesses. They may write tickets if they believe a driver violated traffic laws. Insurance companies may also look at police reports to help identify the source of the fault. After an accident, it's normal for drivers to point at each one another. However, this can be detrimental. In addition to giving the driver a negative impression, it could lead to an admission of guilt which could be used against you in court. Most car accidents can be caused by two or more people who share a portion of fault. The majority of states have modified comparative fault rules that allow claimants to recover damages that are less than their share of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage of responsible for an accident. This could decrease the possibility of a payout for injuries. The incident that someone is cited in the aftermath of a car accident could be a strong proof that they caused the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Depending on the circumstances of your case, you may require other forms of proof to prove that an other driver was negligent and caused you harm. Witness testimony, evidence at the scene of an accident and medical records to prove 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 the facts and opinions gathered by officers present at the time of the accident. This is an important document for any auto accident claim. Insurance companies will review the report in order to determine fault and compensation for the injured parties. According to the location, police reports are admissible or not in court. The main reason is because the police report contains statements from people who are not sworn witnesses in court. These statements must be included in an exception to the law of hearsay in order to be used as evidence. A typical police report contains information about the driver, vehicles and the victims who were involved in the crash, 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 cause of the accident and who is responsible for the incident. Even if you don't feel injured, it's recommended to submit a police accident report even if the incident appears to be minor. Not all injuries are apparent right away, and having solid documentation can go a long way toward helping you win the amount you are due for your medical expenses.