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Auto Accident Legal Matters Contact an experienced attorney right away if you have been injured in a car accident. Your attorney will explain your rights and assist to get the compensation you need. Every driver is responsible for obeying traffic laws. When they breach that duty and cause harm, they are accountable. Damages In general, there are two types of damages that can result from a car accident. The first, known as special damages, are characterized by a clear dollar amount that is easy to calculate. Special damages include medical expenses loss of wages, repairs to vehicles. The second type of damage, referred to as non-economic damages are more difficult to quantify. They include things like suffering and pain. In order to be compensated for non-economic losses it is necessary to prove that your injuries were serious enough to warrant this award. This is a difficult task and the injured party should be represented by a lawyer. One of the most frequent kinds of non-economic damages is the loss of enjoyment of life. This usually involves the amount of money reflected in the diminished quality of life that is experienced due to accident-related injuries. This also is the inability to participate in certain activities, like driving that were once enjoyable. In rare cases victims may be able to sue for punitive damages. auto accident attorneys st louis are designed to punish the defendant and deter any future actions that are as egregious. Damages for punitive intent may 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 are injured in an automobile accident, the person responsible for the injuries you sustained is responsible to pay you. This includes compensation for medical expenses or property damage, loss of income, and any other non-economic damage, such as pain and discomfort. In the majority of cases, the person who caused a crash will be responsible. However, it's not unusual for two drivers to share some blame. Certain states have laws that are called comparative negligence, where the jury determines each driver's percentage and adjusts the damage amount in accordance with the percentage. It is vital that you can demonstrate to the satisfaction an insurance company, judge and jury what occurred. The burden of proof is what we call it. The plaintiff bears the burden of proving. You must provide evidence to prove that the accident took place. A government entity could be liable for an accident. This can occur when a highway is not maintained properly or designed and causes an accident. These claims are also called road defect cases. These types of claims can also be brought by manufacturers. They could be held responsible for defects, such as brakes, tires and mechanical failures. At-fault driver citations Most of the time, police officers can determine who caused an accident by looking at the scene of the crash and speaking with witnesses. If they suspect that a driver has violated traffic laws they might issue a ticket. Insurance companies may also use police reports to determine the fault. It is common for drivers to blame one another after an accident. This can be detrimental. This may not only give the other driver a bad impression however, it could also cause you to confess guilt in the court. In most car accidents, there are two or more people who share a percentage of fault. The majority of states have modified comparative fault rules that permit claimants to receive damages that are less than their percentage of fault. A traffic citation can be used by an insurance adjuster to increase the percentage of claimant responsible for an accident. This can decrease the amount of compensation for injuries. The incident that someone is cited after a car accident may be powerful evidence that they were the cause of the crash. However, it is not an assurance of the outcome of a personal injury lawsuit. Depending on your case the other evidence may be needed to establish that the other driver was negligent and caused injury to you. Witness testimony, evidence from the scene of an accident and medical records to prove your injuries. Police reports When officers from the police arrive at a vehicle accident site they will fill out an official report. The reports include both information and opinions gathered by officers who are on scene at the time of the accident. This is an important document to be included in any auto accident claim. Insurance companies will examine the report to help determine fault and the amount of compensation for the victims. According to the jurisdiction, police reports may or may not be accepted in court. The main reason is that the police report contains statements made by people who aren't witnesses in court. These statements must fall under an exception to the law of hearsay to be used as evidence. A typical police report will include information regarding the driver, the vehicles and the victims who were involved in the crash, in addition to an account of the incident and any evidence discovered at the scene. Many police reports include the officer's opinions on the reason for the accident and who's at fault. Even if there is no indication that you are injured, it is still recommended to submit a police accident report, even if the accident seems minor. Not all injuries are apparent in a hurry, and having solid documentation can go a long way toward helping you claim the amount you are due for your medical expenses.