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How to Build an Auto Accident Legal Claim When filing a claim a car accident lawyer will look at all the ways in which your injuries have affected your life. This includes the present and future medical costs as well as lost wages and emotional effects. A lawyer with extensive experience in preparing cases for 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 to get the maximum compensation. Traffic collisions Traffic collisions are any type of accident involving at least one vehicle. These accidents could also involve animals, pedestrians road debris, stationary obstructions such as poles or buildings. They can also occur on private or public roads. Traffic collisions can be accidental or intentional. Examples of traffic-related crimes are vehicle homicide and suicide by vehicle. 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 an online database of all reported motor accident accidents involving vehicles. It contains information on the date and time of the collision, its location and the extent of the damage. Report any traffic accident even if they appear minor. If you fail to do so, you may lose your rights to compensation from other driver or insurance company. In addition, failing to report a crash may result in an automatic suspension of your license or other penalties. It is crucial to contact the police and take photographs of the scene of the collision should you be involved in an accident. It is also important to collect all of the information about the other driver, including their insurance company. If you are unable to find the other driver and you are unable to locate the driver, you can file a claim with your own auto insurance company or a household family member's insurance. You may also be able to file an insurance claim through the state's special fund for people who are seriously injured that is known as the New York Motor Vehicle Accident Indemnification Corporation (MVAIC). At-fault driver citations In states that follow the law of fault-based insurance for cars the insurer of the driver at fault will pay for medical and vehicle repair costs for other drivers involved in the crash. You may still be able to seek compensation for your loss. In such cases, you need to have evidence that the driver was negligent or careless. A traffic citation is a good source of evidence for this purpose. In the majority of police communities officers have the option of deciding whether they give a driver a ticket after an accident. If they believe that the driver caused the accident by committing a violation of the law then they usually issue tickets. The nature of the offense influences the determination of the responsibility of the insurance company. Some states have “contributing factor” boxes on accident reports in which officers can assign a percentage of fault to a driver in an incident. If you were struck by a motorist who drove straight through a traffic signal, and you could have moved away from the intersection, but didn't, you might be assigned a certain percentage of blame for the accident. A skilled personal injury lawyer can help you demonstrate that the other driver acted in violation of their duty of care by driving negligently and not following the rules of the road. You can then seek damages to compensate you for your physical and mental injuries. If your losses exceed your liability insurance coverage, then you can sue the driver responsible for the accident. Counterclaims After a car accident and the parties involved have a certain period of time to pursue legal action. The deadlines vary from state to state however, a lawsuit filed within the right time frame can be a powerful way to get compensation for losses and injuries that result from the collision. A lawyer with experience will help you negotiate with insurance companies and then take your case to the court. You and your lawyer will begin the legal process by filing a police report. The report is a crucial document that includes an overview of the incident, information and evidence collected at the scene, statements from witnesses and more. It is often utilized by insurance companies and attorneys to determine fault and what kind of damages you may be entitled to claim. After your attorney files the report and both parties will engage in a series of discussions known as discovery. Your attorney will ask Defendant representatives for questions and collect information about their version of the events, including the severity of your injuries. Your lawyer may also seek experts' opinions to back up your claims and provide credibility to your case. Filing a counterclaim is an effective strategy used by at-fault parties to try and change the odds to their advantage. This is particularly common in states with amended law on comparative negligence that require victims to prove that they are not more than 51 percent responsible for the accident. Comparative negligence Determining who is at fault in the cause of a car crash can be confusing and at times difficult. This is especially true for states with shared fault or the rules of comparative negligence. According to the law of comparative negligence that a person injured can recover damages less their share of the blame for the accident. For example when you are found to be 20 percent negligent and your claim would be reduced by 80 percent. New York is a state that has a strict policy of recognizing comparative negligence. If your case makes it to court, the jury and judge will evaluate the amount of blame each party has contributed to the incident, and reduce the amount of damage awarded by the same amount. Insurance companies also employ standards of comparative fault when evaluating third parties' claims. There are three main types of comparative negligent such as pure comparative neglect or modified comparative fault and contributory negligence. Texas is one of the states that abide by the modified law of comparative negligence. 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 ask oral questions of witnesses, police officers and medical professionals involved in the collision through depositions. auto accident lawsuit albany will assist the legal team develop your auto accident case. The evidence you provide will assist in proving your claim.