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Auto Accident Legal Matters Contact a seasoned attorney immediately If you've suffered injuries in a car crash. Your attorney can help you to understand your rights and receive the compensation that you deserve. All drivers are obliged to obey traffic laws. They are liable if they do not abide by this obligation and cause harm. Damages In general, there are two types of damages that could result from a car accident. The first type of damage known as special damages, have an amount that is easily determined. Special damages include medical bills loss of wages, vehicle repairs. The second type of damage, referred to as non-economic damages are more difficult to quantify. These include things like pain and suffering. To receive compensation for losses that are not economic, it is essential to be able to prove that the injuries sustained were serious enough to merit the compensation. This is a daunting task and the person who was injured should be represented by a lawyer. The loss of enjoyment is among the most commonly reported non-economic losses. This is usually a financial amount that indicates a decreased quality of living due to injuries sustained in accidents. This could include the inability of the victim to engage in activities that were once pleasurable, such as driving. In a few cases victims could be capable of suing for punitive damages. The purpose of this type of damage is intended to punish the perpetrator and discourage future acts that are as egregious. Punitive damages are not available in all instances. A successful claim requires evidence that the defendant acted with a conscious disregard for others' safety. auto accident lawsuit peoria If you are injured in an auto accident the person responsible for the injuries you sustained is responsible to compensate you. This will include money for medical expenses or property damage, as well as loss of income as well as non-economic damages such as pain and suffering. In most instances, the driver who caused a crash will be responsible. However, it is not unusual for two drivers to share some blame. Certain states have laws known as comparative negligence, in which the jury determines the proportion of each driver's share and adjusts the damages awarded in proportion. It is vital that you demonstrate to the satisfaction of an insurance company or juror or judge that the incident occurred. This is referred to as the burden of evidence. The plaintiff bears the burden of proof. You must prove to prove that the incident took place. Another kind of case that can be filed is when a governmental entity is the one responsible for the accident. This could happen when a roadway is poorly designed or maintained and this causes an accident. These types of claims are also referred to as roadway defect cases. Sometimes, the manufacturers are at fault in these claims too. They could be held accountable for the defects in cars, like brakes, tires and mechanical failure. At-fault driver citations Usually, a police officer can determine who caused the accident by studying the crash scene and interviewing witnesses. If they believe that a driver is in violation of traffic laws, they could issue a ticket. Insurance companies may also look at police reports to help determine the cause of the incident. It is natural for drivers to point fingers at each other following an accident. This can be harmful. It could not only leave the other driver a negative impression, but it could also lead to you admitting guilt in the court. Most car accidents can involve two or more people who share some degree of blame. This is the reason that most states adhere to modified comparative fault rules that permit the claimant to recover damages that are less than their portion of the fault. An insurance adjuster can sometimes apply a traffic citation to increase the percentage of blame for the accident which can reduce their compensation for their injuries. The fact that a person is cited in a car accident could be evidence that they caused the crash. However, it's not a guarantee of the outcome of a personal injury lawsuit. Depending on your case additional evidence may be needed to establish that the other driver was negligent and caused injury to you. This includes witness testimony, evidence at the scene of the accident and medical records regarding your injuries. Police reports When law enforcement officers visit a car accident scene they will complete an official police report. The reports will contain both facts and opinions of the officers who were on the scene at the time of the crash. This is an important document for any claim for auto accidents. Insurance companies will also review the report to determine fault and the amount of compensation. Based on the location, police reports are admissible or not in court. The main reason is because the police report includes statements made by people who aren't witnesses in court. These statements must be included in an exception to the law of hearsay to be admissible as evidence. A typical police report will include details about the driver, the vehicles and the people involved in the crash and a description of what happened and any evidence found on the scene. Many police reports include an officer's view on the cause of the accident and who's to blame. Even if you don't feel injured, it is still beneficial to file a police accident report, even if the accident seems to be minor. Not all injuries show up in a hurry and having a thorough record can go a long way toward helping you win the compensation you're entitled to for your medical expenses.