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Auto Accident Legal Matters If you've suffered injuries in an auto accident, call an experienced attorney as soon as possible. An attorney can assist you to understand your rights and receive the compensation that you deserve. All drivers are accountable for adhering to traffic rules. If they fail to do so and cause injury, they can be held responsible. Damages In general there are two types of damages that may result from an automobile accident. The first kind of damage called special damages, has an amount that is easily determined. Special damages include medical expenses loss of wages, repairs to vehicles. The second type, which is referred to as non-economic damages, are more difficult to quantify. These include things like suffering and pain. In order to be eligible for compensation for non-economic losses, it is essential to to show that the injuries suffered were serious enough to merit the compensation. This is a challenging task and the victim must be represented by a lawyer. The loss of enjoyment is among the most common non-economic damages. This is usually a financial amount that indicates a decreased quality of living as a result accident-related injuries. Also, it can result in the inability of participating in certain activities, such as driving, that used to be enjoyable. In rare instances victims could be in a position to sue for punitive damages. auto accident law firm honolulu of damage is designed to penalize the defendant for an egregious violation, and serves to deter others from doing similar things in the future. Damages for punitive intent may not be offered in all cases. A successful claim requires evidence that the defendant acted with conscious disregard for the safety of others. Liability If you suffer injuries in an automobile accident the person who caused your injuries is accountable to compensate you. This includes money for your medical expenses, property damage, loss of income, as well as other damages like suffering and pain. In the majority of cases, the driver who caused a accident will be the one responsible. However, it's not unusual for both drivers to share some responsibility. Certain states have laws that are known as comparative negligence, in which a jury determines each driver's percentage and adjusts the damages awarded in accordance with the percentage. It is crucial that you can demonstrate to the satisfaction an insurance company, judge and jury what occurred. The burden of evidence is what we call it. The burden falls on the person who is making the claim – the plaintiff – and it requires you to show proof of how the accident happened. A government entity can be liable for an accident. This can occur when a roadway is poorly maintained or designed and contributes to an accident. These claims are also called road defect cases. Sometimes, the manufacturers are the ones to blame in these kinds of claims as well. They may be responsible for car-related defects like brakes, tires and mechanical failure. At-fault driver citations Most of the time, police officers can determine who caused the accident by studying the scene of the crash and questioning witnesses. If they believe a motorist has violated traffic laws they might issue a ticket. Insurance companies may also use police reports to determine the fault. It is natural for drivers to blame each other after an accident. However, this can be detrimental. This may not only give the other driver a negative impression and could cause you to admit guilt in the court. In most car accidents there are usually two or more parties who share some level of fault. This is why most states have modified comparative fault rules that permit the claimant to claim damages less their proportion of fault. A traffic citation could be used by an insurance adjuster to increase the percentage of fault in an accident. This can decrease the possibility of a payout for injuries. The fact that someone is mentioned in a vehicle crash could be a strong proof that they were responsible for the accident. However, it's not an assurance of the outcome of a personal injury lawsuit. Based on the circumstances of your case the other evidence could be required to show that the other driver was negligent and caused injury to you. This could include witnesses' testimony, evidence from the scene of the accident and medical records of your injuries. Police reports When police officers arrive at a car accident site they complete an official report. These reports include both the facts and opinions observed by the officers on the scene when the accident occurred. This is a crucial document to be used in any auto accident claim. Insurance companies will examine the report to determine the fault and compensate injured parties. Based on the jurisdiction, police reports could or might not be accepted in court. The police report may contain statements from people who aren't certified as witnesses. These statements must fall under an exception to the hearsay law to be admissible as evidence. A typical report from a police officer includes details regarding the driver, the vehicles and the victims involved in the crash, along with an account of the incident and any evidence that was found at the scene. A majority of police reports also include the officer's opinion on the circumstances of the crash and who is the most to blame for it. Even if you don't feel injured, it's recommended to make a police report, even if the accident appears to be minor. There are many injuries that do not show up in a hurry, and having solid documentation can make a big difference in getting you the amount you are due for your medical expenses.