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How to Build an Auto Accident Legal Claim When filing a claim a lawyer for car accidents will consider all ways your injuries have impacted your life. This includes medical costs today and in the near future, lost wages, and emotional impacts. A lawyer with a lot of experience in preparing and attempting cases involving car accidents is essential. Insurance companies know that attorneys who are willing to go to trial will fight for the best compensation. Traffic collisions Traffic collisions are any accidents that involve at minimum one vehicle. These accidents can also include pedestrians, stationary obstacles such as buildings or poles or animals road debris or road debris. They can also occur on public or private roads. Accidents that involve traffic could be accidental or deliberate. Some examples of intentional traffic-related crimes are vehicle homicide and vehicular suicide. According to 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 reported motor vehicle crash. The database contains information about the date, time, location and extent of the collision. It is vital to report all traffic collisions even if they appear to be minor. If you fail to do so, you could lose your rights to compensation from other driver or insurance company. Failing to report a collision can result in the suspension of your license or other penalties. It is essential to contact the police and take photos of the scene of the accident if you are involved in an accident. You should also gather all the details about the other driver and their insurance company. If you can't locate the other driver and you are unable to locate the driver, you can make a claim through your own auto insurer or a household family member's policy. You may also be able to file a claim with the state's special fund for catastrophically injured people named 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 pays medical expenses and repair costs to vehicles for the other drivers involved. You can still get compensation for your loss. In auto accident lawyer buena park will need to demonstrate that the other driver was negligent. Traffic citations are an excellent source of evidence. In a majority of police stations, officers are able to issue a driver with a citation in the event of an accident. If they believe the driver caused an accident through committing a traffic infraction, they will usually issue a ticket. The nature of the offense plays a part in determining fault by the insurance company. Some states have “contributing factor” boxes on accident reports, where officers can assign a percentage of blame to a driver involved in an incident. If you were struck by a driver who drove straight through a traffic light, and you could have walked out of the way, but didn't, you might be assigned some percentage of the blame for the crash. An experienced personal injury lawyer can help you prove the other driver violated their duty of care when they drove recklessly 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 liability insurance coverage, you are able to file suit against the driver responsible for the accident. Counterclaims If a car crash occurs, parties involved have a limited amount of time to pursue legal action. These deadlines may vary from state to state, but a lawsuit filed in the right time frame can be a powerful way to get compensation for the damages and injuries resulting from the collision. A lawyer with experience will help you negotiate with insurance companies and bring your case to the court. One of the first steps you and your attorney will start the legal procedure is to file a police report. The report is crucial since it contains a concise summary of what happened, the information and evidence collected on the scene witness statements, more. The document is used by insurance companies and attorneys to determine who is at fault, and to determine what damages you might be entitled to. After your attorney has filed the case, both parties will engage in a series discussions referred to as discovery. Your attorney will then question the Defendant representatives questions and obtain information about their version of events, including the extent of your injuries. Your lawyer may also seek experts to support your claims and give credibility to the case. Counterclaims are a popular method for those who are in fault to attempt to tip the scales their way. This is especially prevalent in states with modified law on comparative negligence, which requires victims to prove they were less than 50% at fault for the accident. Comparative negligence Finding out who is to the blame for a car accident is often confusing and sometimes difficult. This is particularly true in states that have shared fault or common negligence rules. According to the law of comparative negligence that a person injured can recover damages less their share of the blame for the incident. If you are found to be 20 percent negligent, your compensation will be reduced by 80%. New York is a pure state of comparative negligence. Therefore, if your case is taken to the courtroom, judges and juries will weigh the degree of fault each party was responsible for the accident and reduce damages awarded by that same amount. Insurance companies apply principles of comparative negligence when evaluating claims from third parties. Generally speaking, there are three kinds of comparative negligence that are: pure comparative negligence, modified comparative fault, and contributory negligence. Texas is one of the states that abide by the modified rule of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each defendant/tortfeasor accountable for the total amount of the victim's losses. Your attorney will be able to ask questions to witnesses, medical professionals, and police officers involved in the accident through a process called depositions. These will aid the legal team build your auto accident case. The evidence you provide will help strengthen your claim.