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How to Build an Auto Accident Legal Claim A lawyer who handles car accidents will consider all the ways in which your injuries have affected your life. This includes medical expenses both now and in the future, lost wages, and emotional effects. A lawyer who has extensive experience in preparing and attempting car accident cases is crucial. Insurance companies know that lawyers who are willing to go to trial will fight to get the maximum compensation. Traffic collisions Traffic collisions are any accident involving at least one vehicle. These accidents may also include pedestrians, stationary obstacles like poles or buildings or animals road debris or road debris. They can also occur on private or public roads. Traffic collisions may be accidental or intentional. Some examples of intentional traffic-related crimes are vehicle homicide and vehicular suicide. According to the NYC Open Data Initiative Car accidents are among the most frequently types of incidents that occur in New York City. The city maintains an online database of all motor accident accidents involving vehicles. It provides information about the date and time of the collision, its location, and its severity. It is essential to report any traffic collisions even if they appear minor. You could lose your right to compensation if don't report the incident. In addition, failing to report a crash could result in a license suspension or other penalties. If you're involved in a traffic accident, it is essential to call the police right away and to take photos of the scene. It is also important to collect all of the information of the other driver, including their insurance company. If you are unable locate the other driver you may file a claim using your own auto insurance or a policy of a family member. You may be able to file a claim through the New York Motor Vehicle Accident Indemnification Corporation that is a state-funded fund that offers compensation to seriously injured individuals. At-fault driver citations In states that follow fault-based car insurance laws, the at-fault driver's insurer covers medical and 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 these instances you will need to show that the other driver was negligent. A traffic citation is an excellent way to prove this purpose. In the majority of police departments, 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 and they decide to issue tickets. The nature of the offense can affect the insurance company's decision on the degree of fault. Some states have “contributing factor” boxes on accident reports, where officers can assign a percentage of fault to a driver in an incident. For example, if you were struck by a driver who was going straight through a red light and you had the opportunity to get away from the path but did not take the opportunity, you could be given a percentage of blame for the incident. An experienced personal injury lawyer can prove the other driver violated their duty of care by driving recklessly and not following the rules of the road. You can then seek damages to pay for your physical and mental injuries. If your losses exceed what your liability insurance will cover you can file a lawsuit against the at-fault driver. Counterclaims If a car crash occurs, parties involved have only a short amount of time to pursue legal action. auto accident lawyer iowa city for filing lawsuits can vary from state to state but a lawsuit filed in the right time frame can be a powerful way to recover compensation for the losses and injuries resulting from the collision. Having an experienced lawyer by your side can help you work with insurance companies to settle or take your case to trial. Your lawyer and you will begin the legal process by filing an police report. This report is essential because it contains a concise summary of what happened, the information and evidence collected at the scene witness statements, and more. It is often used by attorneys and insurance companies to determine who is at fault and the kind of damages you may be entitled to claim. After your attorney has filed the report both parties will engage in a series of exchanges known as discovery. This is where your attorney will ask questions of the representatives of the defendant and collect information regarding their account of events, including their assessment of the extent of your injuries. Your attorney may also seek out expert opinions to prove your claims and provide credibility to the case. Counterclaims are a popular method for parties in fault to attempt to tip the scales their way. This is particularly common in states that have changed laws on comparative negligence, which require victims to prove they are less than 51 percent at fault for the accident. Comparative negligence Finding out who is to blame for a car crash can be confusing, and sometimes difficult. This is especially true for states which have adopted the concept of comparative negligence or shared fault rules. The law allows an injured person to claim damages minus their own percentage of the blame for the accident. For example in the event that you were found to be 20 percent negligent then your compensation would be reduced by 80 percent. New York is a state that recognizes only comparative negligence. If your case reaches court the jurors and judges will assess the amount of fault each party is responsible for the accident and reduce the damage award by the same amount. Insurance companies use principles of comparative negligence when evaluating claims from third parties. There are three main types of comparative negligent: pure comparative neglect or modified comparative fault and contributory negligence. Most 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 total amount of the victim's damages. Depositions are a method for your attorney to address questions orally to police officers, witnesses, and medical professionals involved in the collision. They will assist your legal team construct a case against your auto accident. Your testimony can strengthen your claim.