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Car accidents result in certain
legal consequences.
The more severe the
accident, the
greater the consequences. All states have
legal requirements for drivers involved in
automobile accidents including stopping and exchanging
insurance information with other parties involved in
the accident. Most car crashes require that the
police be summoned. Failure to follow these
state procedures can result in the crime of hit and
run. Auto accidents can
result in both criminal and civil liability for the
parties involved. In most accidents where the
parties are insured, the insurance provider provides
legal counsel for the insured motorist at fault.
This further allows the insurance company to
adequately defend itself against monetary claims
from damage or injury. Parties suffering
injury, wrongful death or property damage in an accident resulting
from the fault of the other driver will normally
obtain their own legal counsel in an attempt to
receive adequate compensation from the aggrieving
motorist and his insurance company. An
automobile accident victim generally must prove
fault with the other party during any litigation.
The investigating officer's report will generally
cover any violations of automobile traffic laws and
he/she will issue tickets to the probable at fault
parties.
Other than the standard adjudication
of any traffic tickets issued at the scene of an
accident, state prosecutors normally will not seek
further prosecution of those involved in an accident
unless there is resulting death or severe injury or
if one of the motorists involved was intoxicated or
otherwise illegally impaired at the time of the
accident.
Criminal prosecution
of drivers involved in more serious accidents can
include assault with a deadly weapon, manslaughter,
motor vehicle homicide,
driving under the influence,
etc. Drivers can face fines, jail sentences
and even capital punishment if found guilty of
specific crimes. Private
attorneys and insurance company counsel handle any
civil liability resulting from an accident.
These types of cases have become so common that
personal injury lawsuits
resulting from auto accidents have become the number
one type of civil tort handled by the courts.
Because there is usually a large volume of legal
precedent involving auto accident claims, courts and
juries can rely upon this data to help decide the
question of who is at fault and how much money
should be awarded to the injured party.
Traffic violations resulting in a ticket being issued at the
scene of an accident by the investigating police
officers help courts and plaintiffs determine fault.
Traffic tickets may also result in fines or
revocation of drivers license privileges if proven
or uncontested by a defendant in a court of law.
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