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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 impacted you. This includes medical expenses both now and in the future loss of wages, emotional impact. An attorney with a wealth of experience in preparing and conducting trials in car accident cases is crucial. Insurance companies are aware that lawyers willing to take cases to trial will fight for the most money. Traffic collisions Traffic collisions are any accident involving at least one vehicle. These accidents can also include pedestrians, stationary obstacles like buildings or poles and animals road debris, or road debris. They can also occur on private or public roads. Traffic accidents can be accidental or intentional. Examples of traffic crimes that are intentional include vehicular homicide and vehicular suicide. According to the NYC Open Data Initiative the NYC Open Data Initiative, car accidents are among the most frequent types incidents in New York City. The city maintains a database that is public of every reported motor vehicle collision. It provides information about the date and time of the collision, its location, and its severity. It is vital to report all traffic accidents, even those that appear minor. You may lose your right to compensation if fail to report the crash. Failing to report a collision could also result in the suspension of your license or other penalties. If you are involved in a traffic collision it is imperative to notify the police immediately and to take photos of the scene. You should also collect all the information you can about the other driver including their insurance company. If you are unable to find the other driver and you are unable to locate the driver, you can make a claim through your own auto insurer or with a household family member's policy. You might be able to file an insurance claim through the New York Motor Vehicle Accident Indemnification Corporation that is a state-funded fund that pays compensation to victims of catastrophic injuries. At-fault driver citations In states with fault-based insurance laws, the insurer of the driver who is at fault covers medical expenses and vehicle repair costs for other drivers involved in the. However, there are other forms of compensation you can seek for the losses that resulted from the accident. In such instances you must have proof that the other driver was negligent or careless. A traffic citation is a good way to prove this reason. In many police stations, officers have discretion over whether they issue a motorist a ticket after an accident. If they believe the driver was the cause of the accident, by committing a moving infraction then they usually issue tickets. The nature of the offense is a factor in determining the fault of the insurance company. Certain states have boxes that indicate the “contributing factors” of an accident. This allows police officers to assign a percentage fault to a particular driver. If you were hit by a driver who drove straight through a traffic signal, and you could have walked away from the intersection and didn't, you could be assigned a certain percentage 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 by driving negligently and not following road rules. You can then seek compensation for your physical and emotional injuries. If your losses are more than the amount of liability insurance you have you may be able to pursue a lawsuit against the driver who is at fault. Counterclaims In the event of a car accident the parties involved have an incredibly short time to pursue legal action. The deadlines vary from state to state, however, a lawsuit filed within the proper timeframe can be a powerful way to recover compensation for losses and injuries due to the collision. Having an experienced lawyer by your side can help you negotiate with insurance companies to settle or take your case to trial. One of the first steps that you and your attorney take to initiate the legal process is to prepare a police investigation report. This crucial document contains a summary of the incident, details and evidence gathered at scene, testimony from witnesses and more. It is frequently used 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 parties will engage in a series of discussions known as discovery. auto accident attorneys vista is when your attorney will seek the answers of the representatives of the defendant and collect information regarding their version of events including their assessment of the severity of your injuries. Your lawyer may also seek expert opinions to back up your assertions and add credibility to the case. The filing of a counterclaim is a common strategy for at-fault parties who want to tip the scales in their favor. This is especially common in states that have modified law on comparative negligence, which requires victims to prove they're less than 50% responsible for the incident. Comparative negligence Determining who is to blame for a car crash is confusing, and sometimes challenging. This is especially true for states that have shared fault or comparative negligence rules. In accordance with the laws on comparative negligence that a person injured can be awarded damages less their percentage of responsibility for the accident. If you are found to be 20 percent negligent, your compensation will be reduced by the amount of 80%. New York is a state that only recognizes the concept of comparative negligence. If your case is brought to court the judge and jury will determine the amount of blame each party has contributed to the incident, and reduce the damage award by the same amount. Insurance companies also apply the concept of comparative fault when evaluating third parties' claims. Generally, there are three kinds of comparative negligence such as pure comparative negligence modified comparative fault, and contributory negligence. Texas is one of the states that follow the modified law of comparative negligence. Texas was a part of the old Joint and Several Liability Rule that was a requirement that each defendant/tortfeasor be held accountable for the total amount that the victim suffered in damages. Your lawyer will ask oral questions of witnesses, medical professionals and police officers involved in the collision through depositions. These will help your legal team build a case for your car accident. Your testimony will help strengthen your claim.