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How to Build an Auto Accident Legal Claim A lawyer for car accidents will take into consideration all the ways your injuries have affected your life. This includes medical costs today and in the near future as well as lost wages and emotional impacts. A lawyer with a lot of experience in preparing cases involving car accidents and proving them is vital. Insurance companies recognize that attorneys willing to take cases to trial will fight to get maximum compensation. Traffic collisions A traffic collision is any type of accident that involves one or more vehicles. These accidents can also involve pedestrians, stationary obstructions such as poles or structures as well as animals, road debris or road debris. They can also happen on public or private roads. Accidents that involve traffic can be accidental or intentional. Some examples of intentional traffic-related crimes are vehicle homicide and suicide by vehicle. According to the NYC Open Data Initiative, car accidents are among the most frequently types of incidents that occur in New York City. The city maintains an online database of all motor vehicle accidents. The database contains information about the date the time, place and severity of the crash. It is important to report all traffic collisions, even those that appear to be minor. If you fail to do so, you could lose your right to a reimbursement from the other driver or the insurance company. In the event of a collision, not reporting it can result in the suspension of your license or other penalties. If you're involved in a traffic collision it is crucial to report the incident immediately and to snap photos of the scene. You should also gather all the details of the other driver, including their insurance company. If you are unable to locate the other driver and you are unable to locate the driver, you can file a claim with your own auto insurer or a family member's policy. You might also be eligible to file claims with the state's special fund for people who are seriously injured, called the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states that follow fault-based car insurance laws, the at-fault driver's insurer will pay for medical and vehicle repair costs for other drivers involved the crash. However there are other forms of compensation you could claim for the damages resulting from the crash. In these cases you will need proof that the other driver was negligent or reckless. A traffic ticket is an excellent form of evidence for this purpose. In most police communities officers have the discretion of whether they issue a motorist a ticket following an accident. If they believe the driver was the cause of the accident, through committing a traffic infraction the police will typically issue an citation. The nature of the offense is a factor in determining fault by the insurance company. Some states have “contributing factor” boxes on accident reports, where officers can assign a percentage to a driver involved in an incident. If you were struck by a motorist who drove straight through a traffic light and you could have walked away from the way and didn't, you may be assigned a certain percentage of blame for the accident. A skilled personal injury lawyer can prove the other driver violated their duty of care by driving unsafely and not obeying the rules of the road. You can then seek compensation for your physical and emotional injuries. If your losses are more than what your liability insurance will cover you can file a lawsuit against the driver at fault. Counterclaims After a car crash and the parties involved have a limited amount of time in which to file a lawsuit. Although the deadlines for legal action vary from state to state, a lawsuit filed within the appropriate timeline could be a successful way to recover compensation for the injuries and losses that are a result of the collision. A lawyer with experience can assist you in negotiating with insurance companies and then take your case to the court. One of the first steps you and your attorney will take to initiate the legal process is to make a police report. This report is essential because it contains a concise summary of what happened, the evidence and information gathered on the scene, witness statements, and more. The document is used by insurance companies as well as lawyers to determine fault and what damages you may be entitled to. After your attorney has filed the report the two parties will engage in a series of discussions known as discovery. Your attorney will then ask the Defendant representatives questions and get details on their version of events, including the severity of your injuries. Your attorney may also seek expert opinions to prove your claims and add credibility to the case. auto accident attorneys hemet are often a way for the parties at fault to try to tip the scales in their way. This can be especially common in states with amended laws on comparative negligence, which oblige victims to prove they are less than 51 percent responsible for the accident. Comparative negligence Finding out who is to blame for a car crash can be confusing and sometimes, it can be difficult. This is especially true in states that have shared fault or laws of comparative negligence. According to the law of comparative negligence the injured person is able to be awarded damages less their percentage of blame for the accident. If you are found to be 20 percent negligent, your recovery will be reduced by an amount of 80%. New York is a pure state of comparative negligence, which means that should your case go to the courtroom, judges and juries will evaluate the amount of fault each party contributed to the accident and reduce the amount of damage awarded by that same amount. Insurance companies use comparative negligence guidelines when evaluating claims from third parties. There are three general types of comparative negligent such as pure comparative neglect and modified comparative fault and contributory negligence. Texas is among the states that follow the modified rule of comparative negligence. Texas used to follow the old Joint and Several Liability Rule that held each defendant/tortfeasor responsible for the entire amount the victim suffered in damages. Depositions provide a means for your lawyer to ask questions orally to police officers, witnesses, and medical professionals involved in the collision. These will aid the legal team to build your auto accident case. Your testimony can strengthen your claim.