One Auto Accident Attorney Success Story You'll Never Imagine
Auto Accident Legal Matters
If you've been injured in an auto accident, call an experienced attorney as quickly as you can. auto accident attorney gresham can help you learn about your rights and help you get the compensation that you deserve.
All drivers are accountable for obeying traffic laws. They can be held accountable if they do not abide by this obligation and cause harm.
Damages
Generally speaking there are two types of damage that can result from a car crash. The first type, referred to as special damages, have a clear dollar amount that is easy to determine. Items like medical bills or lost wages as well as vehicle repairs are examples for special damages. The second kind of damages, referred to as non-economic damage is more difficult to quantify. These include things like suffering and pain.
In order to receive compensation for non-economic losses, it is essential to to demonstrate that the injuries suffered were serious enough to warrant the award. This is a challenging task, and the person who has suffered should be represented by an attorney.
One of the most popular kinds of non-economic damages is the loss of enjoyment in life. This is usually a financial amount that reflects a reduced quality of life because of injuries resulting from accidents. This could include the inability of the victim to engage in activities that were once pleasurable, such as driving.
In some cases victims can claim punitive damages. This type of damage is designed to punish the defendant for a particular sloppy act and helps deter others from similar acts in the future. The punitive damages might not be offered in all cases. A successful claim will require strong evidence that the defendant acted with a conscious disregard for the safety of others.
Liability
If you suffer injuries in an accident involving a vehicle the person who caused your injuries is responsible to pay you. This includes compensation for medical costs as well as property damage, lost income, and non-economic damages such as discomfort and pain. In the majority of cases, it will be the driver who caused the crash. However, it's not uncommon for the two drivers to share some responsibility. Some states follow what is called comparative negligence laws. In these, the jury will decide the percentage of fault each driver is responsible for and adjust the damages awarded accordingly.
It is vital that you can demonstrate what transpired to an insurance company, or to a jury or judge. This is referred to as the burden of evidence. The burden is placed on the person who makes the claim, namely the plaintiff and it requires you to show evidence of how your crash happened.
A government entity could be liable for an accident. This can be the case when a road is not maintained properly or designed which can lead to an accident. These types of claims are also known as road defect cases. These kinds of claims can also be brought by manufacturers. They could be accountable for car-related defects such as tires, brakes and mechanical failure.
At-fault driver citations
A police officer is often able to determine who was the culprit by analyzing the accident scene and interviewing witnesses. If they believe that a driver has violated traffic laws they can issue a citation. Insurance companies take a look at police reports to identify the source of the fault.
Following an accident, it is normal for drivers to point fingers at each other. However, this could be detrimental. In addition to giving the driver the wrong impression, it could lead to an admission of guilt which could be used against you in court.
Most car accidents can be caused by two or more people who share some degree of blame. This is the reason why most states use modified comparative blame rules that permit the claimant to recover damages minus their proportion of fault. An insurance adjuster might utilize a traffic ticket to increase a claimant's percentage of fault in the accident, which could limit their payment for injuries.
The fact that someone is mentioned in a car accident could be evidence that they are responsible for the accident. However, it's not a guarantee of the outcome of a personal injury lawsuit. Based on the circumstances of your case, you may need other types of evidence to show that the other driver was negligent and caused harm to you. You will need witness testimony, evidence from the scene of the accident, and medical documents to prove your injuries.
Police reports
When law enforcement personnel attend a car accident scene they will fill out an official police report. These reports include both details and opinions taken note of by the officers who were on the scene when the accident occurred. This report is essential to be used in any auto accident claim. Insurance companies will review the report in order to determine the cause of the accident and to pay compensation to the parties who have been injured.
According to the region, police report are acceptable or not admissible in court. The main reason for this is that the police report contains statements from people who aren't sworn witnesses in court. These statements have to fall under an exception to the hearsay law to be used as evidence.
A typical police report contains information about the car, driver and the victims involved in the crash, as well as an account of the accident and any evidence found at the scene. A majority of police reports contain an officer's opinion on the reason for the accident and who's to blame.
If you're not injured, it is recommended that you always file a police report for any accident you're involved in even if it appears to be minor. There are many injuries that do not show up immediately, and having solid documentation can help in helping you get the compensation you're entitled to for your medical expenses.