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Auto Accident Legal Matters Contact an experienced attorney right away If you've suffered injuries in a car crash. Your lawyer can explain your rights and assist you receive the compensation you need. All drivers are required to abide by traffic laws. They are held accountable if breach this duty and cause harm. auto accident lawsuit louisville In general, there are two different kinds of damages that could result from an accident. The first, known as special damages, have a precise dollar amount that is easy to determine. Things like medical bills or lost wages as well as vehicle repairs are examples for 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. In order to be compensated for non-economic losses, you must be able prove that your injuries were serious enough to warrant such an award. This is a difficult job and the person who was injured must be represented by an attorney. One of the most prevalent types of non-economic damages is the loss of enjoyment life. In general, this is a monetary sum that reflects the reduced quality of life that is experienced as a result of the accident-related injuries. This can include the inability of the victim to participate in activities that were once pleasurable like driving. In some cases victims may be allowed to sue for punitive damages. This type of loss is intended to punish the defendant for a particular sloppy act and to deter others from doing similar things in the future. Damages for punitive intent may not be available in all circumstances. A successful claim will require evidence that the defendant was acting with conscious disregard for others' safety. Liability When you are injured in a car accident, the person or entity responsible for your injuries will be held accountable to compensate you. This includes compensation for medical expenses, property damages, lost income, and other damages, such as pain and discomfort. In the majority of cases, it will be the driver that was responsible for the crash. It is not uncommon for two drivers to share responsibility. Some states have laws that are called comparative negligence, where the jury determines the respective percentages of each driver and adjusts the damages awarded in proportion. It is important to demonstrate to the satisfaction of an insurance company or jury or judge what happened. This is known as the burden of proof. The burden is placed on the person who makes the claim – the plaintiff and it requires you to present proof of how the accident occurred. Another kind of situation that can be brought is when a governmental entity is at fault for the accident. This can happen when a road is poorly 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 claims as well. They may be responsible for defects in cars such as tires, brakes and mechanical failure. At-fault driver citations An officer can often determine who was the culprit by analyzing the scene of the accident and interviewing witnesses. They might issue an accusation if they believe that a motorist violated traffic rules. Insurance companies could also use police reports to determine fault. It is normal for drivers to point fingers at each other after an accident. This can be detrimental. 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. Most car accidents can involve two or more persons who share some degree of responsibility. Many states have modified comparative-fault rules that permit claimants to receive damages less their proportion of blame. A traffic ticket can be used by an insurance adjuster to increase the claimant's percentage blame in an accident. This can decrease the potential payout for injuries. The fact that someone is cited in the aftermath of a car accident could be a strong proof that they were the cause of the crash. It's not any guarantee that a personal injury case will be successful. Based on the circumstances of your case you may need other types of evidence to show that another driver was negligent and caused harm to you. This includes witness testimony, evidence at the site of the accident, as well as medical records detailing your injuries. Police reports When police officers arrive at a vehicle accident site they will fill out an official report. These reports contain both facts and opinions noted by the officers who are on scene at the time of the crash. It is an essential document for any claim involving an auto accident. Insurance companies also will review the report to determine fault and the amount of compensation. Based on the region, police report are admissible or not. The police report includes statements from people who aren't officially sworn in as witnesses. In order for these statements to be considered as evidence in a legal proceeding they must be covered by one of the exceptions to hearsay law. A typical police report will include details about the driver, the vehicles involved and the victims in the accident as well as an account of the incident and any evidence found at the scene. Many police reports also include the officer's opinion on how the crash happened and who is the most responsible for the incident. Even if there is no indication that you are injured, it's the best option to file a police accident claim even if the incident appears to be minor. Documentation is important because there aren't all injuries visible immediately.