How to Build an Auto Accident Legal Claim A car accident lawyer will take into account all the ways in which your injuries have impacted you. This includes future and current medical costs loss of wages, emotional effects. A lawyer who has extensive experience in preparing cases involving car accidents and then attempting to resolve them is crucial. Insurance companies are aware that lawyers who are willing to go to trial will fight for maximum compensation. Traffic collisions A traffic collision is any kind of accident involving one or more vehicles. These accidents may also involve pedestrians, stationary obstructions such as poles or structures or animals road debris or road debris. They can also happen on public or private roads. Accidents that involve traffic can be intentional or unintentional. 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 common types of incidents that occur in New York City. The city maintains a database that is public of every reported motor vehicle collision. The database contains information about the date the time, location, and severity of the crash. It is essential to report any traffic collisions, even those that appear minor. If you do not do so, you may lose your right to a reimbursement from the other driver or the insurance company. Failing to report a collision could result in the suspension of your license or other penalties. If you are involved in a traffic collision it is imperative to contact the police immediately and take pictures of the scene. You should also gather all of the information of the other driver including their insurance company. If you can't locate the other driver then you can file a claim with your own auto insurer or with a family member's insurance. You could also be able to file an claim through the state's special fund for catastrophically injured people named the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states that adhere to the law of fault-based insurance for cars the insurance company of the at-fault driver covers medical and repair costs for the other drivers involved in a crash. However there are other types of compensation you could claim for the damages resulting from the crash. In these cases you must have proof that the other driver was negligent or careless. Traffic citations are a great evidence. In most police communities officers are free to issue a driver a citation after an accident. However, if they believe that a driver caused the accident by a violation of the law the police will usually issue one. The nature of the offense influences the determination of fault by the insurance company. Certain states have boxes that identify the "contributing factors" of an accident. This permits officers to assign a percentage fault to a particular driver. If you were struck by a driver who drove straight through a traffic light and you could have moved away from the intersection, but didn't, you could be assigned an amount of blame for the crash. An experienced personal injury lawyer can help establish that the other driver did not fulfill their duty of care by driving recklessly and not observing road rules. You can then seek damages to pay for your physical and mental injuries. If your losses exceed your liability insurance coverage, then you can bring a lawsuit against the driver at fault. Counterclaims When a car collision occurs, parties involved have an incredibly short time to pursue legal action. While these deadlines vary by state, filing a lawsuit within the proper timeframe is a viable option to get compensation for injuries and losses that are a result of the collision. A lawyer with experience can help you negotiate with insurance companies and bring your case to the court. One of the first steps you and your attorney will take to initiate the legal procedure is to prepare a police investigation report. This critical document includes an account of the incident, details and evidence collected at the scene, witness statements and more. It is frequently utilized by insurance companies and attorneys to determine who is at fault and the kind of damages you may be entitled to claim. After your attorney has filed the complaint, both parties will engage in a series exchanges referred to as discovery. This is the time when your attorney will ask questions 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 can also seek out expert opinions to back up your claims and give credibility to the case. Counterclaims are a common tactic used by at-fault parties in order to tip the scales in their favor. This is especially common in states with modified comparative negligence laws that require victims to prove they're less than 50% responsible for the accident. Comparative negligence Finding out who is at fault in an automobile accident can be confusing and often times difficult. This is particularly true in states that have adopted comparative negligence or shared fault rules. Comparative negligence laws allow the injured party to recover damages but not their own percentage of the blame for the incident. If you are found to be 20 percent negligent, your recovery will be reduced by the amount of 80%. New York is a pure comparative negligence state, so if your case is taken to the court, judges and juries will compare the degree of fault each party contributed to the accident, and will reduce the damage award by that same amount. Insurance companies employ comparative negligence guidelines when evaluating claims from third parties. In general, there are three types of comparative negligence that are: pure comparative negligence, modified comparative fault, and contributory negligence. Texas is among the states that abide by the modified law of comparative negligence. Prior to 1995, Texas followed the traditional Joint and Several Liability Rule that held each tortfeasor/defendant responsible for the entire amount of the victim's damages. Depositions are a method for your lawyer to ask questions orally to police officers, witnesses, and medical professionals who were involved in the collision. These will assist the legal team develop your auto accident case. Your testimony can assist in proving your claim.