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How to Build an Auto Accident Legal Claim When filing a claim a car accident lawyer will examine all ways your injuries have impacted your life. This includes future and current medical expenses along with lost wages and emotional effects. A lawyer with a lot of experience in preparing cases for car accidents and then attempting to resolve them is crucial. Insurance companies recognize that attorneys willing to go to trial will fight to secure maximum compensation. Traffic collisions A traffic collision is any kind of accident that involves one or more vehicles. These accidents may also involve pedestrians, stationary objects such as poles or structures, animals and road debris. They can also happen on public or private roads. Accidents that involve traffic may be unintentional or intentional. Examples of traffic offenses committed with intent include vehicular homicide and vehicular suicide. According to the NYC Open Data Initiative, car accidents are among the most frequent types incidents in New York City. The city maintains an online database of all reported motor accident accidents involving vehicles. The database includes information on the date the time, place and severity of the collision. It is vital to report all traffic collisions even if they appear to be minor. If you don't report the incident, you could lose your rights to compensation from other driver or the insurance company. Failure to report a collision can result in suspension of your driver's license or other penalties. If you are involved in a traffic accident it is imperative to report the incident immediately and to take photographs of the scene. It is also important to collect all the information you can about the other driver as well as their insurance company. If you can't find the other driver then you can make a claim through your auto insurance company or a household family member's policy. You might be able to make an insurance claim through the New York Motor Vehicle Accident Indemnification Corporation which is a government-funded fund that provides compensation for severely injured people. At-fault driver citations In states that adhere to rules based on fault the insurer of the driver at fault will pay for medical and vehicle repair costs for the other drivers involved in the crash. You can still seek compensation for your losses. In such instances you will need proof that the other driver was negligent or careless. A traffic citation is an excellent source of evidence for this purpose. In auto accident lawyer waukegan , officers are able to give a driver a citation in the event of an accident. If they believe that the driver was the cause of the accident, by committing a moving infraction the police will typically issue a ticket. The type of offense also influences the determination of fault by the insurance company. Some states have boxes that indicate the “contributing factors” of an accident. This allows police officers to assign a percentage of fault to a particular driver. For example, if you were hit by another driver who was going straight through a red light, and you had the chance to get away from the traffic, but did not, you may be assigned a percentage of fault for the incident. A skilled personal injury lawyer can help you prove that the other driver violated their duty of care by driving unsafely and not adhering to the rules of the road. You can then seek compensation for your physical and emotional injuries. If your losses go beyond the amount of liability insurance you have you can file a lawsuit against the at-fault driver. Counterclaims When a car collision occurs and the parties involved are faced with the time to pursue legal action. Although these deadlines differ by state, a lawsuit filed within the proper timeframe can be an effective way to get compensation for injuries and losses resulting from the collision. A knowledgeable lawyer on your side will help you deal with insurance companies in order 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 brief summary of what transpired, evidence and information gathered on the scene witness statements, more. This document is utilized by insurance companies and attorneys to determine fault, and what damages you may be entitled to. After your attorney has filed the report both parties will engage in a series conversations referred to as discovery. Your attorney will ask Defendant representatives questions and get details about their account of the events, as well as the severity of your injuries. Your lawyer may also seek expert opinions to support your claims and give credibility to your case. Counterclaims are a common way for the parties in fault to attempt to tip the scales their way. This is especially prevalent in states with modified law on comparative negligence, which requires victims to prove they are less than 50% responsible for the accident. Comparative negligence Determining who is to the blame for a car accident can be confusing and sometimes, it can be difficult. This is especially the case in states that have adopted the concept of shared fault or comparative negligence rules. In accordance with the laws on comparative negligence those who are injured can receive compensation less their percentage of blame for the accident. If you are found to be 20% negligent, your compensation will be reduced by 80percent. New York is a state that only recognizes comparative negligence. If your case is brought to court the jurors and judges will assess the amount of fault each party has contributed to the accident, and then reduce damages by the same amount. Insurance companies also use standards of comparative fault when evaluating third party claims. There are three general kinds of comparative negligence such as pure comparative neglect and modified comparative fault and contributory negligence. The majority of states including Texas follow 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. Depositions provide a means for your lawyer to ask questions orally to police officers, witnesses and medical professionals who were involved in the collision. These will help your legal team to build a case for your auto accident. Your testimony can strengthen your claim.