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How to Build an Auto Accident Legal Claim A car accident lawyer will take into consideration all the ways in which your injuries have impacted you. This includes current and future medical treatment costs along with lost wages and emotional impacts. An attorney with a wealth of experience in preparing and attempting car accident cases is crucial. Insurance companies know that attorneys who are willing to go to trial will fight for the best compensation. Traffic collisions Traffic collisions are any type of accident that involve at minimum one vehicle. These accidents can also involve animals, pedestrians, road debris, or stationary obstacles such as poles or structures. They can also occur on public or private roads. Accidents that involve traffic can be intentional or unintentional. Examples of traffic crimes that are intentional include vehicular murder as well as vehicular suicide. According to the NYC Open Data initiative Car crashes are among the most frequent kinds of incidents that occur in New York City. The city maintains a public database of every reported motor vehicle collision. It provides information about the date and time of the collision, its location, and the severity. It is vital to report all traffic accidents, even those that appear minor. You could lose your right to compensation if fail to report the crash. In the event of a collision, not reporting it can result in suspension of your driver's license or other penalties. It is imperative to call the police and get photos of the scene of the accident If you're involved in an accident. It is also important to collect all of the details of the other driver, including their insurance company. If you cannot locate the other driver and you are unable to locate the driver, you can file a claim with your auto insurance company or a family member's insurance. auto accident lawyer philadelphia may be able file an claim through the New York Motor Vehicle Accident Indemnification Corporation, a state-funded fund that compensates severely injured people. At-fault driver citations In states that have fault-based insurance laws, the insurer of the driver who is at blame is responsible for medical costs and repair costs to vehicles for other drivers involved. However there are other types of compensation that you may pursue in the event of losses arising from the crash. In such instances, you need to have proof that the other driver was negligent or reckless. Traffic citations are a great way to prove it. In many police communities, officers have the power to issue a driver with warning after an accident. If they believe that the driver caused an accident by committing a moving infraction and they decide to issue a ticket. The nature of the offense determines the responsibility of the insurance company. Certain states have “contributing factor” boxes in accident reports where police can assign a percentage to a driver for an incident. If you were struck by a motorist who drove straight through a traffic signal and you could have walked away from the intersection and didn't, you may be attributed an amount of blame for the accident. A skilled personal injury lawyer can assist you in proving the other driver violated his or their obligation to drive safely and follow road rules. You can then seek damages in order to compensate you for your physical and mental injuries. If your losses are greater than the liability insurance coverage, you may sue the driver at fault. Counterclaims If a car crash occurs the parties involved are given the time to pursue legal action. These deadlines may vary from state to state however, a lawsuit filed within the right time frame can be a powerful method of obtaining compensation for the losses and injuries due to the collision. An experienced lawyer can help you negotiate with insurance companies and then take your case to court. One of the first steps that you and your attorney take to initiate the legal procedure is to prepare a police investigation report. This vital document contains an account of the incident as well as information and evidence that was gathered at the scene, witness statements and more. It is commonly used by insurance companies and attorneys to determine the cause of the incident and the kinds of damages you could be entitled to claim. Once your attorney files the report after which both sides will engage in a series of discussions called discovery. This is where your attorney will ask questions from the representatives of the defendant and collect information regarding their version of events, including their assessment of the extent of your injuries. Your lawyer can also request expert opinions to support your assertions and lend credibility to your case. Making a counterclaim is an often used strategy for at-fault parties who want to change the odds in their favor. This is particularly common in states with amended comparative negligence laws, which requires victims to prove that they are not more than 51 percent responsible for the accident. Comparative negligence The process of determining who is to blame for a car crash can be confusing and sometimes challenging. This is especially true in states that have shared fault or laws of comparative negligence. In accordance with the laws on comparative negligence, an injured person can be awarded damages less their percentage of responsibility for the accident. If you are found to be 20 percent negligent, your claim will be reduced by 80percent. New York is a pure state of comparative negligence, which means that should your case go to the courtroom, judges and juries will evaluate the amount of fault each party was responsible for the accident and reduce the amount of damage awarded by that same amount. Insurance companies follow comparative negligence guidelines when evaluating claims from third parties. There are three main kinds of comparative negligence three types of comparative negligence: pure comparative negligence, modified comparative fault, and contributory negligence. Texas is one of the states that follow the modified law of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule that held each tortfeasor/defendant accountable for the entire amount of the victim's losses. Depositions provide a means for your attorney to address questions orally to witnesses, police officers, and medical professionals who were involved in the collision. These will aid the legal team to build your auto accident case. Your testimony can help strengthen your claim.