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How to Build an Auto Accident Legal Claim A lawyer for car accidents will take into account all the ways your injuries have affected you. auto accident lawyer flower mound includes current and future medical treatment costs along with lost wages and emotional impacts. A lawyer who has extensive experience in preparing cases involving car accidents and presenting them to the court is crucial. 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 which involve at least one vehicle. These accidents could include pedestrians, animals road debris, stationary obstacles such as poles or structures. They can also happen on private or public roads. Traffic collisions may be intentionally or unintentionally. Some examples of intentional traffic-related crimes are vehicular homicide and suicide by vehicle. According to the NYC Open Data Initiative, car accidents are among the most frequently kinds of accidents in New York City. The city maintains an online database of all motor car accidents. The database includes information on the date the time, location, and degree of the collision. Report any traffic accident even if they appear minor. You may lose your right to compensation if you fail to report the crash. Failure to report a collision could result in a suspension of your license or other penalties. It is crucial to contact the police and get photos of the accident scene if you are involved in an accident. Also, you should collect all the information you can about the other driver as well as their insurance company. If you can't find the other driver then you can file a claim with your auto insurance company or with a family member's policy. You may be able to file claims through the New York Motor Vehicle Accident Indemnification Corporation that is a state-funded fund that offers compensation to catastrophically injured individuals. 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 a crash. However there are different forms of compensation you can pursue in the event of losses arising from the accident. In such instances you will need evidence that the other driver was negligent or careless. A traffic citation is a good source of evidence for this purpose. In most police communities, officers have discretion over whether they give a driver a ticket after an accident. However, if they believe that the driver was responsible for the accident due to an offense that is considered to be moving and they believe that the cause was a moving violation, they will typically issue a ticket. The nature of the offense can play a role in the insurance company's determination of the fault. Some states have “contributing factor” boxes on accident reports in which officers can assign a percentage of the blame to a driver in an incident. For example, if you were struck by a motorist who was accelerating through a red light and you had the chance to move out of the way but did not, you may be assigned a percentage of fault for the accident. A skilled personal injury lawyer can assist you in proving the other driver breached his or their duty of care to drive safely and follow road rules. You can then seek damages in order to cover your physical and mental injuries. If your losses exceed the liability insurance coverage, you may sue the driver who is at fault. Counterclaims After a car crash, the parties involved only have a set amount of time to pursue legal action. While the deadlines vary for each state, filing a lawsuit within the timeframe that is appropriate can be an effective way to get compensation for injuries and losses associated with the collision. A lawyer with experience can assist you in negotiating with insurance companies and take your case to the court. You and your lawyer will begin the legal process by filing an police report. This report is essential because it contains a brief summary of what happened, the evidence and information gathered on the scene witness statements, and more. It is commonly utilized by insurance companies and attorneys to determine the cause of the incident and the kinds of damages you may be entitled to claim. When your attorney files the report after which both sides will engage in a series of exchanges called discovery. This is where your attorney will seek the answers of the Defendant's representatives and collect information regarding their version of events including their assessment of the severity of your injuries. Your lawyer may also seek experts' opinions to back up your claims and add credibility to the case. Counterclaims are often a way for those who are at fault to tip the scales their way. This is especially common in states with modified law on comparative negligence that requires victims to prove that they are less than 51 percent responsible for the crash. Comparative negligence Finding out who is to the blame for a car accident can be confusing, and sometimes difficult. This is especially true for states which have adopted common negligence or shared blame rules. Under the comparative negligence laws the injured person is able to get compensation for their injuries less their percentage of fault for the accident. For instance when you are found to be 20 percent negligent then your compensation would be cut by 80 percent. New York is a state which only recognizes the concept of comparative negligence. If your case reaches court the jurors and judges will assess the amount of blame each party is responsible for the accident and reduce damages by the same amount. Insurance companies also employ comparative fault guidelines when evaluating third party claims. There are three main types of comparative negligent: pure comparative neglect as well as modified comparative fault and contributory negligence. Most states including Texas adhere to the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each tortfeasor/defendant to be accountable for the entire amount of the victim's damages. Your attorney will ask oral questions to witnesses, medical professionals and police officers involved in the accident through a process called depositions. They will assist the legal team develop your auto accident case. Your testimony can strengthen your case.