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How to Build an Auto Accident Legal Claim A lawyer from a car accident will consider every aspect of how your injuries have affected your life. This includes medical expenses today and in the near future along with lost wages and emotional impacts. A lawyer with extensive experience in preparing cases involving car accidents and presenting them to the court is crucial. Insurance companies are aware that lawyers who are willing to go to trial will fight for the best compensation. Traffic collisions A traffic collision is any type of accident that involves one or more vehicles. These accidents could also involve animals, pedestrians, road debris, or stationary obstructions like poles or structures. They can also occur on public or private roads. Traffic accidents may be unintentional or intentional. Examples of traffic-related crimes include vehicular murder and vehicular suicide. According to the NYC Open Data initiative, car crashes are among the most common kinds of incidents that occur in New York City. The city maintains an online database of all motor vehicle accidents. The database includes information on the date, time, location and degree of the collision. Report all traffic accidents, even if they seem minor. If you don't report the incident, you could lose your right to a reimbursement from the other driver or insurance company. Failure to report a collision can also lead to the suspension of your license or other penalties. It is imperative to call the police and take pictures of the accident scene should you be involved in an accident. You should also collect all the details of the other driver including their insurance company. If you cannot find the driver of the other then you can file a claim with your auto insurance company or a family member's insurance. You may be able to file a claim through the New York Motor Vehicle Accident Indemnification Corporation which is a government-funded fund that provides compensation for victims of catastrophic injuries. At-fault driver citations In states that have fault-based insurance laws, the insurer of the driver at blame is responsible for medical costs and repair costs to vehicles for the other drivers who were involved in the. You can still claim compensation for your loss. In such instances you must be able to provide proof that the other driver was negligent or reckless. A traffic citation is a good form of evidence for this purpose. In most police communities officers are free to issue a motorist a citation after an accident. If they believe the driver caused the accident by committing a moving infraction the police will typically issue tickets. The nature of the incident will affect the insurance company's determination of fault. Some states have boxes that indicate the “contributing factors” of an accident. This allows police officers to assign a percentage fault to a specific driver. For instance, if you were struck by a driver who was speeding through a red light, and you had the opportunity to move away from the way, but didn't, you may be assigned an amount of blame for the accident. A skilled personal injury lawyer can assist you to establish that the other driver did not fulfill their duty of care when they drove recklessly and not following the rules of the road. You may then seek compensation for your physical and emotional injuries. If your losses exceed the liability insurance coverage, you are able to bring a lawsuit against the driver responsible for the accident. Counterclaims If a car crash occurs the parties involved have the time to pursue legal action. These deadlines may differ between states, however, a lawsuit that is filed in the appropriate time frame can be a powerful option to obtain compensation for losses and injuries due to the collision. Having an experienced lawyer by your side can allow you to collaborate with insurance companies to settle or take your case to trial. One of the first steps that you and your attorney will start the legal process is to prepare a police investigation report. This report is crucial because it contains a concise summary of what transpired, evidence and information gathered on the scene, witness statements, and more. It is often utilized by insurance companies and attorneys to determine the cause of the incident and the kinds of damages you could be entitled to claim. When your attorney files the report, 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, including the severity of your injuries. Your attorney may also seek experts' opinions to back up your claims and add credibility to your case. Filing a counterclaim is a common tactic used by at-fault parties to try and tilt the balance to their advantage. This is particularly common in states that have modified law on comparative negligence that requires victims to prove that they are not more than 51 percent responsible for the accident. Comparative negligence Determining who is at fault in an auto accident can be confusing and often times difficult. This is especially true for states that have adopted comparative negligence or shared fault rules. According to comparative negligence laws those who are injured can receive compensation less their percentage of blame for the accident. If you are found to be 20% negligent, your recovery will be reduced by 80%. New York is a state which only recognizes the concept of comparative negligence. If your case goes to court the jury and judge will evaluate the amount of fault each party has contributed to the accident, and reduce the amount of damages awarded by the same amount. Insurance companies apply standards of comparative negligence to evaluate claims from third parties. There are auto accident lawyer fort wayne of comparative negligence: pure comparative neglect, modified comparative fault, and contributory negligence. Texas is among the states that follow the modified comparative negligence rule. Texas used to adhere to the traditional Joint and Several Liability Rule that made each defendant/tortfeasor accountable for the entire amount the victim suffered in damages. Your attorney will be able to ask oral questions to witnesses, medical professionals, and police officers involved in the accident through depositions. These will help your legal team to build an argument for your auto accident. Your testimony will help strengthen your claim.