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How to Build an Auto Accident Legal Claim When preparing a claim, a car accident lawyer will examine all ways your injuries have affected your life. This includes future and current medical expenses loss of wages, emotional impacts. An attorney with a wealth of experience in preparing and trying car accident cases is crucial. Insurance companies know that lawyers willing to take cases to trial will fight to secure the most money. Traffic collisions Traffic collisions refer to any incident that involve at minimum one vehicle. These accidents could include pedestrians, animals road debris, stationary obstructions such as poles or buildings. They can also occur on private or public roads. Traffic accidents can be intentional or accidental. Some examples of intentional traffic-related crimes include vehicular murder 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 an online database of all reported motor accident accidents involving vehicles. It includes information about the date and time of the collision, the location, and its severity. Report all traffic accidents even if they appear minor. You could lose your right to compensation if don't report the incident. Failure to report a collision can result in the suspension of your license or other penalties. It is essential to contact the police and take photographs of the scene after an accident, if you are involved in an accident. It is also important to collect all the information you can about the other driver including their insurance company. If you are unable find the other driver, you may file a claim through your own auto insurance or a family member's insurance. You might be able to make claims through the New York Motor Vehicle Accident Indemnification Corporation which is a state-funded fund that pays compensation to severely injured people. At-fault driver citations In states that follow laws based on fault in which the at-fault driver's insurance will pay for medical and vehicle repair costs for other drivers involved in the crash. However there are different forms of compensation that you may pursue for losses resulting from the crash. In these cases you will need to prove that the other driver was negligent. A traffic citation is a great source of evidence for this purpose. In many police communities, officers have the discretion to issue a driver with a citation after an accident. If they believe that a driver caused the accident as a result of an unintentional violation, they usually do issue a ticket. auto accident lawyer stockton of the violation will also play a role in the insurance company's determination of the degree of fault. Certain states have boxes that identify the “contributing factors” of an accident. This allows officers to assign a percentage responsibility to a particular driver. For example, if you were hit by a vehicle who was driving straight through a red light and you had the opportunity to move away from the path but did not take the opportunity, you could be given a percentage of fault for the incident. An experienced personal injury lawyer can assist you in proving that the other driver violated his or their obligation to drive in a safe manner and obey road rules. You can then seek compensation for your emotional and physical injuries. If your losses go beyond the amount that your liability insurance covers, you can file a lawsuit against the at-fault driver. Counterclaims When a car collision occurs and the parties involved are faced with an incredibly short time to pursue legal action. Although these deadlines differ by state, a lawsuit filed within the appropriate timeframe can be a great way to get compensation for injuries and losses that are a result of the collision. An experienced lawyer on your side can assist you to collaborate with insurance companies to settle or take your case to trial. Your lawyer and you begin the legal process by filing an official police report. The report is a crucial document that includes a summary of the incident, data and evidence gathered at the scene, witness statements and more. This 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. Once your attorney files the report after which both sides will engage in a series of discussions called discovery. This is when your attorney will seek the answers of the representatives of the defendant, and get information on their account of events, including their assessment of the severity of your injuries. Your lawyer may also seek expert opinions to support your claims and add credibility to the case. Counterclaims are an often used strategy for at-fault parties to try and tip the scales in their favor. This is especially common in states with modified laws on comparative negligence that require victims to prove that they are less than 50% responsible for the accident. Comparative negligence Determining who is at fault for a car accident can be confusing and at times difficult. This is especially the case in states which have adopted comparative negligence or shared fault rules. Laws that allow for comparative negligence permit an injured victim to recover damages, but they must bear their own portion of the blame for the incident. For example when you are found to be negligent in 20 percent the amount you could recover would be reduced by 80 . New York is a pure comparative negligence state, so if your case makes it to the courtroom, judges and juries will weigh the degree of fault each party attributed to the accident and reduce damages awarded by the same amount. Insurance companies use the concept of comparative negligence when evaluating claims from third parties. There are three general kinds of comparative negligence that are: pure comparative negligence or modified comparative fault and contributory negligence. The majority of states including Texas, abide by the modified comparative fault rule. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule which held each defendant/tortfeasor accountable for the entire amount of the victim's damages. Your attorney will be able to ask oral questions to witnesses, medical professionals, and police officers involved in the collision. This is depositions. These will aid the legal team to build your auto accident case. Your testimony will help strengthen your case.