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Auto Accident Legal Matters If you've been injured in an auto accident, call an experienced attorney as soon as you can. Your attorney can help you understand your rights and get the compensation that you are entitled to. All drivers are responsible to obey traffic laws. When they breach that duty and cause harm, they are accountable. Damages In general there are two kinds of damages that could result from an accident. The first kind of damage known as special damages, comes with an amount that is easily determined. Special damages include medical bills or lost wages, as well as vehicle repairs. The second type of damage that are referred to as non-economic damages is more difficult to quantify. They include things like suffering and pain. To receive compensation for non-economic losses it is essential to to show that the injuries suffered were severe enough to merit the amount. This is a difficult job and the person who was injured must be represented by an attorney. Loss of enjoyment of life is one of the most common non-economic damages. This is usually a monetary amount that is a reflection of a diminished quality of life because of injuries resulting from accidents. This can include the inability of the victim to take part in activities that were once enjoyable, such as driving. In rare cases victims can sue for punitive damages. This kind of damage is designed to penalize the defendant for a particular sloppy act and to deter others from repeating the same actions in the future. Damages for punitive purposes are not available in all cases and a successful case relies on strong evidence showing that the defendant committed a crime with a clear disregard for the safety of others. Liability If you are injured in a car accident the person or entity responsible for your injuries is liable to pay you compensation. This will include money for medical expenses, property damage, loss of income as well as non-economic damages like pain and suffering. In the majority of instances, the driver who caused the accident will be responsible. However, it's not uncommon for both drivers to share some responsibility. Some states apply what's known as comparative negligence laws. the jury will decide the percentage of fault each driver is responsible for and adjust the damages awarded in accordance with that percentage. It is vital that you can demonstrate to the satisfaction of an insurance company or jury or judge what took place. The burden of evidence is what we refer to it. The plaintiff bears the burden of proving. You must present evidence to prove that the accident took place. Another kind of case that can be brought is when a government institution is responsible for the accident. This can occur when a roadway is not maintained or constructed properly and contributes to an accident. These types of claims are also known as roadway defect cases. Sometimes, the manufacturers are accountable in these types of claims too. They may be responsible for the defects in cars, like brakes, tires and mechanical failure. At- auto accident attorney bellingham can often determine the cause of an incident by analyzing the scene of the accident and interviewing witnesses. If they suspect that a driver has broken traffic laws, they can issue a citation. Insurance companies will take a look at police reports to identify the source of the fault. It is common for drivers to point fingers at each other after an accident. However, this can be harmful. Apart from giving the other driver a negative impression, it could result in an admission of guilt that could be used against you in court. The majority of car accidents be caused by two or more people who share a portion of blame. This is why most states adhere to modified comparative fault rules that permit the claimant to claim damages less their share of blame. An insurance adjuster can sometimes make use of a traffic citation in order to increase a claimant's percentage blame for the accident which may reduce their compensation for their injuries. The fact that a person is cited in a car crash can be strong evidence that they caused the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case, you may need other types of evidence to prove that the other driver was negligent and caused you harm. This could include witness testimony, evidence from the scene of the accident and medical records of your injuries. Police reports When law enforcement personnel attend the scene of a car crash, they will fill out an official police report. The reports will contain both facts and opinions that are compiled by officers who were on the scene at the time of the accident. This is a crucial document for any claim involving an auto accident. Insurance companies will also examine the report to determine fault and compensation. Depending on jurisdiction, police reports may or may not be considered admissible in court. The main reason for this is that the police report contains statements made by people who aren't witnesses in court. These statements must fall under an exception to the law of hearsay to be admissible as evidence. A typical report from a police officer includes details about the car, driver as well as the victims of the crash, in addition to an account of the accident and any evidence that was discovered at the scene. Many police reports include the officer's opinions on the reason for the accident, and who is at fault. If you're not injured but you are not injured, it is in your best interest to always file a police report for any incident you're involved in even if the incident appears to be minor. There are many injuries that do not show up immediately, and having solid documentation can make a big difference in helping you get the compensation you're entitled to for medical expenses.