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How to Build an Auto Accident Legal Claim A lawyer for car accidents will take into consideration all the ways in which your injuries have affected you. This includes medical expenses today and in the near future loss of wages, emotional impact. A lawyer with extensive experience in preparing and conducting trials in cases involving car accidents is essential. Insurance companies know that attorneys who are willing to go to trial will fight for maximum compensation. Traffic collisions Traffic collisions are any accident which involve at least one vehicle. These accidents may include pedestrians, animals road debris, stationary obstacles such as poles or buildings. They can also happen on public or private roads. Traffic accidents may be unintentional or intentional. Examples of traffic-related crimes are vehicular homicide and suicide by vehicle. According to the NYC Open Data initiative, car crashes are among the most frequent types of accidents that occur in New York City. The city maintains an online database of all motor accident accidents involving vehicles. It includes information about the date and time of the collision, its location and its severity. It is crucial to report all traffic collisions, even those that appear minor. If you fail to do so, you could lose your right to compensation from the other driver or the insurance company. Additionally, failing to report auto accident attorneys miami beach could result in the suspension of your license, or other penalties. It is imperative to call the police and take photos of the scene after an accident, should you be involved in an accident. You should also gather all the details of the other driver, including their insurance company. If you can't find the driver of the other and you are unable to locate the driver, you can make a claim through your auto insurance company or a family member's insurance. You might be able to make an claim through the New York Motor Vehicle Accident Indemnification Corporation which is a government-funded fund that compensates severely injured people. At-fault driver citations In states that have laws based on fault, the at-fault driver's insurer covers the cost of medical and vehicle repairs for other drivers involved in an accident. You can still get compensation for your losses. In these instances you'll need to prove that the other driver was negligent. A traffic citation is a great source of evidence for this reason. In most police communities officers are free to issue a driver with a citation in the event of an accident. If they believe that the driver caused the accident through committing a traffic infraction the police will typically issue tickets. The type of offense also determines the liability of the insurance company. Some states have “contributing factor” boxes on accident reports in which officers can assign a percentage of blame to a driver involved in an incident. For instance, if you were struck by a motorist who was speeding through a red light, and you had the chance to move away from the path but did not then you could be assigned some percentage of the blame for the incident. An experienced personal injury lawyer will assist you in proving that the driver in question violated his or her duty of care to drive safely and abide by road rules. You may then seek compensation for your emotional and physical injuries. If your losses exceed your liability insurance coverage, then you can sue the driver at fault. Counterclaims Following a car accident and the parties involved have a limited period of time to pursue legal action. The deadlines for filing lawsuits can vary from state to state, however, a lawsuit filed within the appropriate time frame could be a great way to recover compensation for the damages and injuries caused by the collision. A lawyer with experience will help you negotiate with insurance companies and bring your case to court. You and your lawyer will begin the legal process by filing an police report. This crucial document contains an account of the incident, data and evidence gathered at the scene, testimony from witnesses and more. It is often utilized by insurance companies and attorneys to determine who is at fault and the types of damages you might be entitled to claim. After your attorney has filed the case, both parties will engage in a series of exchanges known as discovery. Your attorney will ask Defendant representatives for questions and collect information regarding their interpretation of the events, as well as the extent of your injuries. Your attorney may also seek expert opinions to prove your assertions and add credibility to the case. Counterclaims are a popular method for the parties who are at fault to tip the scales in their way. This is particularly common in states that have modified law on comparative negligence, which requires victims to prove they are less than 50% at fault for the accident. Comparative negligence The process of determining who is to the blame for a car accident can be confusing and sometimes challenging. This is especially the case in states that have adopted the concept of shared fault or comparative negligence rules. Comparative negligence laws permit an injured person to recover damages, minus their own share of the blame for the incident. If you are found to be 20 percent negligent, your compensation will be reduced by an amount of 80%. New York is a state that recognizes only the concept of comparative negligence. If your case makes it to court, the jury and judge will evaluate the amount of blame each party has contributed to the accident and reduce damages by the same amount. Insurance companies employ the concept of comparative negligence when evaluating claims from third parties. Generally, 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 law of comparative negligence. Texas was a part of the old Joint and Several Liability Rule, which made each defendant/tortfeasor accountable for the entire amount the victim was liable for damages. Depositions allow your attorney to address questions orally to witnesses, police officers, and medical professionals who were involved in the collision. They will assist the legal team develop your auto accident case. The evidence you provide will help strengthen your claim.