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Auto Accident Legal Matters Contact a seasoned attorney immediately when you've been injured in a car crash. Your attorney can explain your rights and help you get the compensation you need. All drivers are responsible to obey traffic laws. They are accountable if they violate this duty and cause harm. Damages Generally speaking there are two kinds of damage that can result from a car crash. The first type, referred to as special damages, are characterized by a clear dollar value that is easy to calculate. Special damages include medical expenses, lost wages and vehicle repairs. The second kind, referred to as non-economic damages, are more difficult to quantify. These include things like pain and suffering. In order to receive compensation for non-economic losses, you must be able demonstrate that your injuries were severe enough to warrant an award. auto accident law firm greenville is a challenging task and the injured person must be represented by an attorney. One of the most common types of non-economic damages is the loss of enjoyment of life. In general, this is the amount of money reflected in the reduced quality of life experienced because of injuries caused by accidents. This also includes the inability to participate in certain activities, like driving that were once enjoyable. In some cases victims can claim punitive damages. These damages are designed to punish the defendant and deter any future actions that are as egregious. Punitive damages are not available in all cases. A successful claim will require evidence that the defendant's actions were carried out with conscious disregard for the safety of others. Liability If you're injured in an auto accident, the person responsible for your injuries is accountable to pay you. This includes compensation for medical expenses and property damage, as well as loss of income and noneconomic damages such as pain and suffering. In most cases, this is the driver who caused the crash. However, it's not uncommon for the two drivers to share some responsibility. Certain states have what are known as comparative negligence laws. jurors will determine each driver's percentage of fault and adjust the damage award according to that. It is vital to show to the satisfaction an insurance company or jury or judge what took place. This is referred to as the burden of proof. The plaintiff is the one who bears the burden of proof. You must present evidence to prove that your accident happened. A government agency can also be held responsible for an accident. This can occur when a roadway is poorly maintained or designed and causes an accident. These kinds of claims are also referred to as road defect cases. These types of claims may also be brought by manufacturers. They may be liable for defects in cars such as tires, brakes and mechanical failure. At-fault driver citations An officer can often determine who caused an incident by analyzing the scene of the accident and interviewing witnesses. If they believe a motorist has broken traffic laws, they can issue a citation. Insurance companies will also examine police reports to help determine who is at fault. After an accident, it's normal for drivers to point at each one another. This can be detrimental. It could not only leave the driver in front of you a bad impression and could result in you committing a crime in court. Most car accidents can involve two or more individuals with varying degrees of fault. The majority of states have modified comparative fault rules, which allow claimants to recover damages less their proportion of blame. An insurance adjuster may use a traffic citation to increase the percentage of blame for the accident which could reduce their potential compensation for their injuries. The fact that someone is cited in a car crash could be proof that they were the cause of the crash. However, it is not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case the other evidence may be required to demonstrate that the driver was negligent and injured you. Witness testimony, evidence from the scene of the accident and medical records to show your injuries. Police reports When law enforcement personnel attend a car accident scene, they will fill out an official police report. The reports will contain both facts and opinions of the officers who are on scene at the time of the accident. This is a crucial document to be included in any claim for auto accidents. Insurance companies will scrutinize the report as well to help determine the cause of the accident and to pay compensation to the parties who have been injured. Based on the jurisdiction of the police, reports could be considered admissible in court. The police report may contain statements of people who haven't been officially sworn in as witnesses. These statements must fall under an exception to the hearsay law in order to be used as evidence. A typical police report contains information about the driver, vehicles and the victims involved in the crash and an account of the incident and any evidence that was found on the scene. A majority of police reports contain the officer's opinions on the cause of the accident and who is to blame. If you're not injured, it is recommended that you always make a police report of any accident that you are involved in, even if it appears to be a minor. Not all injuries are apparent right away and having a solid record can help in helping you win the compensation you're entitled to for medical expenses.