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How to Build an Auto Accident Legal Claim When filing a claim an attorney for car accidents will consider all ways your injuries have impacted your life. This includes future and current medical expenses, lost wages and emotional impacts. A lawyer with extensive experience in preparing cases for car accidents and trying them is essential. Insurance companies know that lawyers willing to go to trial will fight to secure maximum compensation. Traffic collisions A traffic collision is any kind of accident involving one or more vehicles. These accidents may also involve pedestrians, animals road debris, stationary obstructions like poles or structures. They can also happen on public or private roads. Traffic accidents can be intentionally or unintentionally. Some examples of intentional traffic-related crimes include vehicular homicide and suicide by vehicle. According to the NYC Open Data Initiative Car accidents are among the most common kinds of accidents in New York City. The city maintains an online database of all reported motor vehicle accidents. It contains information regarding the date and time of the collision, the location of the accident, and the severity of the collision. It is crucial to report any traffic collisions, even those that appear minor. If you fail to do so, you could lose your rights to compensation from other driver or the insurance company. Additionally, failing to report a crash could result in an automatic suspension of your license or other penalties. It is essential to contact the police and take photographs of the scene of the accident when you're involved in an accident. Also, you should collect all the other driver's information, including their insurance company. If you are unable to locate the other driver you may file a claim through your own auto insurance or a policy for a family member. You might be able to file claims through the New York Motor Vehicle Accident Indemnification Corporation, a state-funded fund that offers compensation to victims of catastrophic injuries. At-fault driver citations In states that adhere to the law of fault-based insurance for cars, the at-fault driver's insurer covers medical and repair costs for all other drivers involved in an accident. However there are other forms of compensation you can pursue in the event of losses arising from the accident. In these instances you'll need to show that the other driver was negligent. Traffic citations are an excellent way to prove it. In a majority of police stations, officers have the discretion to issue a motorist a citation after an accident. However, if they believe that the driver caused an accident through a violation of the law the police will usually issue one. The nature of the offense is a factor in determining fault by the insurance company. Some states have “contributing factor” boxes on accident reports in which officers can assign a percentage to a driver for an incident. For auto accident attorney tuscaloosa , if were struck by a motorist who was accelerating through a red light and you had the opportunity to move away from the traffic, but didn't and you did not, you could be assigned a percentage of blame for the incident. A skilled personal injury lawyer will assist you in proving that the other driver violated his or the duty of care to drive in a safe manner and obey the rules of the road. You can then seek damages for your physical and emotional injuries. If your losses exceed the amount that your liability insurance covers you may be able to file a lawsuit against the at-fault driver. Counterclaims After a car crash the parties involved have a certain period of time to file a lawsuit. Although these deadlines differ by state, a lawsuit filed within the appropriate timeline is a viable option to obtain compensation for injuries and damages that result from the collision. A lawyer with experience will assist you in negotiating with insurance companies and then take your case to the court. Your lawyer and you begin the legal process by filing the police report. This report is crucial because it contains a brief summary of what transpired, information and evidence collected at the scene, witness statements, and more. This document is used by insurance companies as well as attorneys to determine who is at fault, and to determine what damages you might be entitled to. After your attorney has filed the complaint, both parties will engage in a series of conversations referred to as discovery. This is when your attorney will seek the answers of the representatives of the defendant and get information on their version of events including their assessment of the extent of your injuries. Your lawyer may also seek expert opinions to back up your claims and give credibility to the case. Counterclaims are often a way for parties at fault to try to tip the scales their way. This is especially common in states that have modified law governing comparative negligence which require victims to prove they are less than 50% responsible for the accident. Comparative negligence To determine who is at blame for a car crash is often confusing and sometimes, it can be difficult. This is especially the case in states which have adopted the concept of shared fault or comparative negligence rules. According to the law of comparative negligence that a person injured can receive compensation less their percentage of fault for the incident. If you are found to be 20% negligent, your compensation will be reduced by 80percent. New York is a state that recognizes only comparative negligence. If your case reaches court the judge and jury will compare the amount of fault each party has contributed to the accident, and reduce the damage award by the same amount. Insurance companies also utilize standards of comparative fault when evaluating third parties' claims. Generally, there are three types of comparative negligence such as pure comparative negligence modified comparative fault and contributory negligence. The majority of states including Texas adhere to the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule that held each tortfeasor/defendant accountable for the entire amount of the victim's damages. Your lawyer will ask oral questions of witnesses, police officers and medical professionals involved in the collision through depositions. They will assist your legal team construct a case for your car accident. The evidence you provide will assist in proving your claim.