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How to Build an Auto Accident Legal Claim A lawyer from a car accident will take into consideration all the ways that your injuries have affected you. This includes medical expenses at present and in the future, lost wages, and emotional impact. A lawyer who has extensive experience in preparing cases for car accidents and trying them is essential. Insurance companies are aware that attorneys who are willing to go to trial will fight for maximum compensation. Traffic collisions A traffic collision is any kind of accident involving one or more vehicles. These accidents can also involve pedestrians, animals, road debris, or stationary obstacles like poles or buildings. They can also occur on private or public roads. Accidents that involve traffic can be intentional or unintentional. Some examples of intentional traffic-related crimes are vehicle homicide and vehicular suicide. 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 a public database of every reported motor vehicle accident. It contains information on the date and time of the collision, the location, and the severity of the collision. It is vital to report all traffic collisions, even those that appear to be minor. If you don't report the incident, you could lose your right to compensation from the other driver or insurance company. In the event of a collision, not reporting it can result in the suspension of your license or other penalties. If you are involved in a traffic collision it is imperative to contact the police immediately and to take photos of the scene. You should also gather all the details about the other driver, including their insurance provider. If you cannot find the driver of the other, you can make a claim through your own auto insurance company or a household family member's insurance. You might be able to make an claim through the New York Motor Vehicle Accident Indemnification Corporation, a state-funded fund that pays compensation to severely injured people. At-fault driver citations In states that have fault-based insurance laws, the insurer of the driver who is at the fault pays medical expenses and repair costs to vehicles for other drivers who were involved in the. You may still be able to seek compensation for your loss. In these cases you will need evidence that the other driver was negligent or careless. Traffic citations are an excellent evidence. In a majority of police stations, officers are able to issue a driver a citation in the event of an accident. If they believe that the driver was the cause of the accident, through committing an infraction to the speed limit and they decide to issue a ticket. The nature of the offense can affect the insurance company's decision on the degree of fault. Some states have boxes that show the “contributing factors” of an accident. This permits officers to assign a percentage fault to a specific driver. If you were struck by a driver who went straight through a traffic signal, and you could have walked away from the intersection but didn't, you may be attributed an amount of blame for the accident. A skilled personal injury lawyer can help you prove that the other driver violated their duty of care by driving unsafely and not adhering to road rules. You can then seek damages for your physical and emotional injuries. If your losses exceed the liability insurance coverage, you may make a claim against the person who is at fault. Counterclaims After a car crash, the parties involved only have a specific amount of time to take legal action. While the deadlines vary for each state, filing a lawsuit within the proper timeframe can be an effective way to recover compensation for the injuries and losses resulting from the collision. A knowledgeable lawyer on your side can assist you to negotiate with insurance companies to settle your case to trial. You and your lawyer will begin the legal process by filing a police report. This vital document contains a summary of the incident as well as information and evidence collected at the scene, the statements of witnesses and more. The document is used by insurance companies as well as attorneys to determine the cause of the incident, and to determine what damages you might be entitled to. After your attorney has filed the complaint, both parties will engage in a series discussions referred to as discovery. This is the time when your attorney will inquire from the representatives of the defendant and get information on their version of events, including their assessment of the severity of your injuries. Your lawyer can also request expert opinions to support your assertions and lend credibility to the case. Making a counterclaim is a common tactic used by at-fault parties who want to change the odds in their favor. auto accident lawyer surprise is particularly common in states that have modified law on comparative negligence that require victims to prove that they are less than 51 percent responsible for the crash. Comparative negligence The process of determining who is to the blame for a car accident can be confusing, and sometimes, it can be difficult. This is especially true for states which have adopted comparative negligence or shared fault rules. Comparative negligence laws allow an injured person to recover damages but not their own percentage of the responsibility for the incident. For instance when you are found to be negligent in 20 percent then your compensation would be reduced by 80 . New York is a pure state of comparative negligence, which means that if your case is taken to the courtroom, judges and juries will weigh the degree of blame each party contributed to the accident and reduce damages awarded by that same amount. Insurance companies use standards of comparative negligence to evaluate claims from third parties. In general, there are three kinds of comparative negligence which are pure comparative negligence, modified comparative fault and contributory negligence. The majority of states, including Texas follow the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule that held each tortfeasor/defendant responsible for the entire amount of the victim's losses. Depositions are a way for your lawyer to ask questions orally to police officers, witnesses and medical professionals who were involved in the collision. They will assist the legal team to build your auto accident case. Your testimony can help to strengthen your claim.