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Auto Accident Legal Matters If you've suffered injuries in an automobile accident, consult an experienced attorney as soon as possible. Your attorney can explain your rights and help you get the compensation you need. All drivers are required to abide by traffic laws. They are liable if they do not abide by this obligation and cause harm. Damages In general, there are two different kinds of damages that can result from an accident. The first type of damages, known as special damages, comes with the value of a dollar that can be easily determined. Special damages include medical expenses, lost wages and vehicle repairs. The second kind of damage which is referred to as non-economic damage is more difficult to quantify. They include things like pain and suffering. To be able to claim compensation for non-economic losses it is necessary to be able to demonstrate that the injuries suffered were severe enough to merit the amount. This is a difficult task and the person who was injured should be represented by a lawyer. One of the most frequent types of non-economic damages is the loss of enjoyment in life. This is usually a monetary amount that represents a lower quality of life due to injuries sustained in accidents. This could include the inability of the victim to participate in activities that were once pleasurable, such as driving. In a few cases victims could be able to sue for punitive damage. This type of loss is intended to punish the defendant for a particular sloppy act and helps deter others from doing similar things in the future. The punitive damages might not be available in all cases. auto accident attorneys tallahassee will require evidence that the defendant acted with a conscious disregard for others' safety. Liability If you suffer injuries in an automobile accident, the person or entity responsible for your injuries is liable to compensate you. This includes money for your 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 crash will be responsible. It is not uncommon for the two drivers to share the blame. Certain states follow what's called comparative negligence laws. In these, jurors will determine the percentage of fault each driver is responsible for and adjust the amount of damage in proportion. It is essential that you demonstrate what transpired to an insurance company or to a jury or judge. The burden of evidence is what we call it. The plaintiff is responsible for the burden of proof. You must present evidence to prove that the incident took place. A government entity could also be held responsible for an accident. This can occur when a highway is poorly maintained or designed, and this contributes towards an accident. These kinds of claims are also known as roadway defect cases. These types of claims can also be brought by manufacturers. They may be held accountable for defects like brakes, tires and mechanical failure. At-fault driver citations Most of the time, police officers can determine who was the cause of an accident by analyzing the scene of the accident and interviewing witnesses. If they suspect that a driver is in violation of traffic laws, they may issue a ticket. Insurance companies may also review police reports to help identify the source of the fault. It is normal for drivers to point fingers at each other following an accident. This can be harmful. This could not only give the other driver a bad impression and could result in you committing a crime in court. In most car accidents there are usually two or more parties that share a certain amount of fault. This is why most states have modified comparative fault rules that allow the victim to claim damages less their percentage of fault. A traffic ticket can be used by an insurance adjuster to increase the percentage claimant at fault in an accident. This could decrease the chance of recovering compensation for injuries. The fact that someone is mentioned in a vehicle accident could be evidence that they caused the accident. It is not a guarantee that a personal injury case will be successful. Based on your particular case the other evidence may be needed to demonstrate that the driver was negligent and caused injury to you. This includes witness testimony, evidence taken from the site of the accident, as well as medical records of your injuries. Police reports When police officers arrive at a car crash site they complete an official report. These reports contain both the facts and opinions that are compiled by officers who are on scene at the time of the crash. This is an important document to be included in any auto accident claim. Insurance companies also will review the report to determine fault and compensation. Based on the jurisdiction of the police, reports may or may not be accepted in court. The police report may contain statements from individuals who haven't been sworn in as witnesses. These statements have to fall under an exception to the hearsay law in order to be used as evidence. A typical police report includes information about the driver, vehicles and the victims involved in the accident and an account of the incident and any evidence that was found on the scene. Many police reports also contain the officer's opinions about what caused the crash and who's to blame. Even if there is no indication that you are injured, it is still beneficial to submit a police accident report, even if the accident seems minor. There are many injuries that do not show up in a hurry and having a thorough record can help in getting you the amount you are due for your medical expenses.