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How to Build an Auto Accident Legal Claim A lawyer who handles car accidents will consider all the ways in which your injuries have affected your life. This includes current and future medical treatment costs loss of wages, emotional impacts. A lawyer who has extensive experience in preparing, negotiating and settling cases involving car accidents is essential. Insurance companies are aware that attorneys who are willing to go to trial will fight for the highest compensation. Traffic collisions Traffic collisions are any accidents that involve at minimum one vehicle. They can also involve animals, pedestrians road debris, stationary obstacles such as poles or structures. They can also occur on public or private roads. Traffic collisions may be intentional or unintentional. Examples of intentional traffic crimes include vehicular homicide and vehicular suicide. According to the NYC Open Data initiative the NYC Open Data initiative, car accidents are among the most frequent kinds of accidents in New York City. The city maintains a database that is public of every motor vehicle crash. It contains information on the date and time of the collision, the location of the accident, and the extent of the damage. Report any traffic accident even if they appear minor. You could lose your right to compensation if fail to report the crash. In addition, failing to report a crash could lead to the suspension of your license, or other penalties. It is crucial to contact the police and take pictures of the scene of the collision when you're involved in an accident. You should also gather all the information you can about the other driver as well as their insurance company. If you're not able to locate the other driver you may file a claim using your own auto insurance or a policy of a family member. You could also be able to file claims with the state's special fund for catastrophically injured people known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states that have fault-based insurance laws, the insurance company of the driver at the fault is responsible for medical expenses and repair costs to vehicles for other drivers who were involved in the. However there are other types of compensation you could claim for the damages resulting from the accident. In these instances you will need to prove that the other driver was negligent. A traffic citation is a great source of evidence for this purpose. In most police communities officers are free to issue a driver a citation following an accident. However, if they believe that someone caused an accident through an offense that is considered to be moving, they usually do issue one. The type of offense also influences the determination of the fault of the insurance company. Certain states have boxes that indicate the “contributing factors” of an accident. This permits officers to assign a percentage fault to a specific driver. If you were struck by a driver who drove straight through a traffic signal and you could have walked out of the way and didn't, you may be assigned an amount of blame for the crash. A skilled personal injury lawyer can assist you to prove that the other driver violated their duty of care by driving unsafely and not following the rules of the road. You can then seek damages in order to compensate for your physical and mental injuries. If your losses exceed the amount of liability insurance you have you may make a claim against the at-fault driver. Counterclaims After a car accident those involved have a specific period of time to initiate legal action. While these deadlines vary by state, filing a lawsuit within the proper timeframe can be a great way to obtain compensation for injuries and losses that are a result of the collision. A knowledgeable lawyer on your side can assist you to collaborate with insurance companies to settle or take your case to trial. One of the first steps that you and your attorney will start the legal procedure is to make a police report. The report is crucial since it provides a summary of what happened, the details and evidence gathered at the scene, witness statements, and more. It is commonly used by insurance companies and attorneys to determine the cause of the incident and the kinds of damages you could be entitled to claim. After your attorney has filed the report, both parties will engage in a series of conversations referred to as discovery. Your attorney will then ask Defendant representatives to answer questions and gather information about their version of the events, as well as the severity of your injuries. auto accident lawyer norman can also seek out expert opinions to back up your assertions and add credibility to the case. Counterclaims are a common way for the parties who are at fault to tip the scales their way. This can be especially common in states that have changed the law of comparative negligence, which requires victims to prove that they are not more than 51 percent at fault for the crash. Comparative negligence Finding out who is to the blame for a car accident is confusing, and sometimes difficult. This is especially the case in states that have adopted the concept of shared fault or comparative negligence rules. In accordance with the laws on comparative negligence that a person injured can get compensation for their injuries less their percentage of responsibility for the incident. For instance If you were found to be 20 percent negligent and your claim would be reduced by 80 percent. New York is a state that recognizes only the concept of comparative negligence. If your case goes to court, the judge and jury will compare the amount of fault each party has contributed to the incident, and reduce the amount of damages awarded by the same amount. Insurance companies also use criteria for evaluating comparative fault in the evaluation of third parties' claims. There are three general kinds of comparative negligence such as pure comparative neglect and modified comparative fault and contributory negligence. Most states including Texas adhere to the modified comparative fault rule. Texas used to follow the old Joint and Several Liability Rule that made each defendant/tortfeasor accountable for the total amount that the victim suffered in damages. Your attorney will ask questions in person to witnesses, medical professionals, and police officers involved in the collision through a process called depositions. These will aid the legal team construct your auto accident case. The testimony you provide can aid in proving your claim.