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Auto Accident Legal Matters If you are injured in an auto accident, call an experienced attorney as quickly as possible. Your lawyer can explain your rights and help to get the compensation you deserve. All drivers are required to follow traffic laws. When they breach that duty and cause harm, they are held accountable. Damages In general, there are two types of damages that may result from a car accident. The first kind of damage, known as special damages, comes with a value in dollars that is easily calculated. Things like medical bills loss of wages, vehicle repairs are examples for special damages. The second type of damages, referred to as non-economic damages is more difficult to quantify. They include things like pain and suffering. In order to be eligible for compensation for losses that are not economic, it is necessary to to prove that the injuries sustained were severe enough to merit the amount. This is a difficult task, and the injured party must be represented by a lawyer. One of the most prevalent kinds of non-economic damages is the loss of enjoyment in life. This is usually a monetary amount that reflects a reduced quality of life due to injuries caused by accidents. This could include the inability of the victim to perform activities that were once enjoyable, such as driving. In a few cases victims may be in a position to sue for punitive damage. This kind of compensation is designed to punish the defendant and deter future acts that are as egregious. Damages for punitive purposes are not available in all cases and a successful claim is based on the evidence that proves the defendant acted with conscious disregard for the safety of others. Liability If you're injured in a car accident the person or organization responsible for your injuries is liable to pay you compensation. This includes compensation for medical costs and property damages, as well as lost income, as well as non-economic damages, such as discomfort and pain. In most cases, this is the driver who caused the crash. It is not unusual for two drivers to share responsibility. Certain states have laws that are called comparative negligence, where jurors determine each driver's percentage and adjusts the damage amount according to the percentage. It is important to demonstrate to the satisfaction an insurance company or juror or judge that the incident occurred. This is referred to as the burden of evidence. The burden falls on the person making the claim, namely the plaintiff and it requires you to present evidence of how your crash occurred. A government institution can be liable for an accident. This could be the case when a road is not properly maintained or designed and contributes to an accident. These types of claims are also known as roadway defect cases. Sometimes, manufacturers are accountable in these types of claims too. They may be held accountable for defects, such as 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 scene of the accident and interviewing witnesses. If they suspect that a driver is in violation of traffic laws, they can issue a citation. Insurance companies will also review police reports to help them determine the cause of the incident. It is natural for drivers to point fingers at one another following an accident. This can be detrimental. Apart from giving the other driver a bad impression, it could lead to an admission of guilt, which could be used against you in court. In most car accidents there are usually two or more parties sharing a portion of responsibility. This is why many states follow modified comparative fault rules that allow the person who is claiming to seek compensation for damages minus their proportion of fault. An insurance adjuster might use a traffic citation to increase a claimant's share of blame in an accident, which may reduce their compensation for their injuries. The fact that someone is mentioned after a car accident can be a strong proof that they caused the crash. However, it's not a guarantee of the outcome of an injury lawsuit. Depending on the situation the other evidence may be needed to prove that the other driver was negligent and caused injury to you. auto accident attorneys bellevue could include witness testimony, evidence from the scene of the accident as well as medical records regarding your injuries. Police reports When police officers arrive at a car crash site, they fill out an official report. The reports contain both the facts and opinions that were observed by the officers on the scene when the accident occurred. This report is essential for any auto accident claim. Insurance companies will scrutinize the report in order to help determine fault and compensation for the injured parties. Based on the jurisdiction of the police, reports may or may not be admissible in court. The police report contains testimony that aren't legally sworn as witnesses. To allow these statements to be considered as evidence in a legal case they must fall within one of the exceptions to hearsay law. A typical police report contains details about the car, driver and the victims who were involved in the crash, as well as a description of the incident and any evidence that was found at the scene. Many police reports include the officer's opinion about the cause of the accident and who is to blame. If you're not injured however, it is ideal to always file a police report for any accident you're involved in even if it appears minor. Documentation is essential because there aren't all injuries obvious immediately.