A vehicular accident can cause irreparable damage to your car, mental and physical stress, and monetary loss. Auto-accident law dictates that certain protocols must be followed prior to being granted punitive damages.
A Driver's Duty
Each person who actively drives on a public roadway has a duty to follow the traffic laws that have been mandated. This duty includes driving at a safe speed, obeying signs and signals, and yielding to other drivers and pedestrians. A general attorney is someone who may handle family matters, civil matters, and traffic matters. Your consultation with an attorney will outline how duty will be presented in a court of law.
Eyewitness statements, video surveillance, and roadway markings can be used to prove that duty was upheld while you were driving. Duty will also need to be proven on the defendant's part. If you are going to be suing a driver for the vehicular accident that you were involved in, the defendant will have the right to present information that will support their innocence. The attorney who handles your auto-accident case will describe several scenarios that may play out in a courtroom.
The Case Progression
Going to court right away is not practical, plus it can also make your case seem weak. A general attorney who handles automotive cases may want to research your case in its entirety, prior to deciding how to go about proving that you are a victim. Circumstantial evidence may not hold up in court. If your attorney were to base your case purely upon circumstantial details, there is a good likelihood that you will not win and the defendant will get off without needing to pay any punitive damages.
It is probable that the defendant will admit guilt unless they were actively observed causing the vehicular accident. Your lawyer will use many resources to compile evidence that works in your favor. You may also need to prove that any medical injuries that you incurred were not a direct result of another incident that occurred before the vehicular incident. If you were diligent and sought medical care immediately after the accident, you can use your medical records to back up your case.
Your attorney may seek medical records from before the incident occurred too. These records will show that you were physically and mentally healthy, prior to the vehicular incident. A damages calculator is a tool that will help you calculate how much money you may be awarded if you win your case.
Reach out to a firm such as Deas Law Firm to learn more.