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How to Build an Auto Accident Legal ClaimIn deciding whether to file a lawsuit, an attorney from a car accident will consider all ways your injuries have impacted your life. This includes future and current medical expenses as well as lost wages and emotional impacts.A lawyer who has extensive experience in preparing cases involving car accidents and trying them is essential. Insurance companies recognize that attorneys willing to go to trial will fight to get maximum compensation.Traffic collisionsA traffic collision is any type of accident involving one or more vehicles. These accidents may include pedestrians, animals, road debris, or stationary obstructions like poles or structures. They can also occur on public or private roads. Traffic collisions may be intentional or accidental. Examples of traffic-related crimes include vehicular murder and vehicular suicide.According to the NYC Open Data Initiative car accidents are among the most common types of incidents that occur in New York City. The city maintains an online database of all reported motor vehicle accidents. It contains information regarding the date and time of the collision, its location and the severity of the collision.It is crucial to report all traffic collisions even if they appear to be minor. If you do not do so, you may lose your right to a reimbursement from the other driver or insurance company. In addition, failing to report a crash could result in an automatic suspension of your license or other penalties.If you’re involved in a traffic collision it is crucial to contact the police immediately and to take photographs of the scene. Also, you should collect all of the other driver’s information, including their insurance company. If you are unable to find the other driver you may make a claim through your own auto insurer or a household family member’s policy. You might also be in a position to file claims with the state’s special fund for people who are seriously injured named the New York Motor Vehicle Accident Indemnification Corporation (MVAIC).At-fault driver citationsIn states that follow rules based on fault the insurer of the driver at fault will pay for medical and vehicle repair costs for all other drivers involved in a crash. You may still be able to claim compensation for your loss. In such cases, you need to have proof that the other driver was negligent or careless. Traffic citations are an excellent form of evidence.In the majority of police departments, officers are able to issue a driver with a citation following an accident. If auto accident law firm san mateo believe that the driver was the cause of the accident, through committing a traffic infraction then they usually issue an citation. The type of offense also is a factor in determining the fault of the insurance company.Certain states have boxes which indicate the “contributing factors” of an accident. This permits officers to assign a percentage responsibility to a specific driver. If you were hit by a driver who drove straight through a traffic light, and you could have walked away from the path however you didn’t, then you may be attributed an amount of blame for the crash.An experienced personal injury attorney can assist you in proving that the other driver breached his or his duty of care to drive safely and adhere to road rules. You can then seek compensation for your emotional and physical injuries. If your losses are greater than the amount of liability insurance you have you can bring a lawsuit against the at-fault driver.CounterclaimsAfter a car crash the parties involved have a specific amount of time to initiate legal action. These deadlines may vary from state to state, however, a lawsuit filed within the right time frame could be a great way to get compensation for losses and injuries due to the collision. A lawyer with experience will help you negotiate with insurance companies, and even take your case to court.One of the first steps that you and your attorney will begin the legal procedure is to make a police report. The report is a crucial document that includes an overview of the incident, data and evidence that was gathered at the scene, testimony from witnesses and more. This document is used by insurance companies as well as lawyers to determine fault and to determine what damages you might be entitled to.After your attorney files the report and both parties will engage in a series of discussions known as discovery. This is the time when your attorney will ask questions 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 experts’ opinions to back up your claims and add credibility to the case.Counterclaims are an effective strategy used by at-fault parties to try and change the odds in their favor. This is especially prevalent in states with modified laws on comparative negligence, which require victims to prove that they are not more than 51 percent at fault for the crash.Comparative negligenceFinding out who is to blame for a car crash can be confusing, and sometimes difficult. This is especially true in states with shared fault or comparative negligence rules. Comparative negligence laws permit an injured victim to recover damages minus their own percentage of the blame for the accident. For example in the event that you were found to be negligent in 20 percent and your claim would be reduced by 80 .New York is a state that has a strict policy of recognizing the concept of comparative negligence. If your case is brought to court, the jury and judge will evaluate the amount of fault each party is responsible for the accident and reduce damages by the same amount. Insurance companies also apply the concept of comparative fault when evaluating third parties’ claims.There are three general types of comparative negligent such as 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 which held each tortfeasor/defendant to be accountable for the entire amount of the victim’s losses.Your lawyer will ask oral questions to witnesses, police officers and medical professionals involved in the collision through depositions. They will assist your legal team construct a case for your car accident. Your testimony can help strengthen your claim.