Negligence Car Accident
Car accidents are caused by a variety of factors. For example, some of the top causes of car accidents include speeding, distracted driving, driving while impaired, and reckless driving. Regardless of the specific cause of an accident, nearly all accidents are caused by negligence. Under New York law drivers must drive in a manner such that other motorists, passengers and pedestrians and not put a risk. Failure to do so would amount to driving in a negligent manner. Negligent causes accidents. In some cases the injuries are quite serious. For example, a victim of an accident may suffer a severe blow to the head resulting in a traumatic brain injury such as a serious concussion. In other cases a victim may suffer broken bones or a back or spinal cord injury. These types of injuries involve long recovery times, with the victim being unable to work for weeks or even months. However, under New York law victims of car accidents are allowed to seek compensation from the person whose negligence resulted in the accident. If you are in need of a New York Injury Lawyer because you or a family member were injured in a car accident caused by the negligence of another person, it is important to contact an experienced Bronx Negligence Car Accident Lawyer who will help ensure that the person responsible for your losses is held accountable through a personal injury or wrongful death lawsuit.Elements of a Negligence Claim
In order to show that a driver was negligent, you must show the following:
- The defendant had a duty of care. New York law requires drivers to operate their vehicles in a prudent manner in order to avoid putting others at risk. Thus, when a driver gets behind the wheel and drives his or her car, the driver owes you and all other drivers and pedestrians a duty of care.
- The defendant breached his duty of care. In other words, the driver was not careful. To show that the driver was not careful, you must prove that the driver’s behavior was not reasonable. Violating a traffic law is evidence of breaching a duty of case. Thus, if a driver failed to stop at a red light, failed to yield to pedestrians in a crosswalk, or tailgated, then that is evidence that the driver behaved negligently.
- You suffered injuries. In order to have a valid negligence claim following a car accident, you must show that you suffered an injury and that the injury was caused by the accident. For example, Joe spent all day Saturday moving boxes into his new home. In the process he injured his back. On Monday he was in a car accident. If Joe claims that he injured his back in the car accident, he may have problems showing that his injury was caused by the car accident.
- You suffered losses. Just because you were in a car accident caused by another person’s negligence does not necessarily mean that you are entitled to damages. Not only must you have suffered some sort of injury (or property damage), you must be able to prove that you suffered a loss. For example, if you were injured you must show medical records and bills to prove your medical expenses. In addition, if you missed worked while recovering from your injuries, you must show evidence of the wages you lost.
If the negligence of another driver caused the car accident that resulted in your injuries, the types of compensation that you may be able to recover include:
- Lost wages
- Medical bills including bills from the hospital, your doctors, prescriptions and bills associated with medical equipment
- Damage to your vehicle
- Pain and suffering
If a loved was killed in the car accident, you may be able to pursue damages through a wrongful death action.
Beware that New York law has a specific time limit for filing a claim in a personal injury case. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit. In addition, if the party responsible for your injury was a government entity then there are special procedures you must follow to file a claim.Bronx Negligence Car Accident Lawyer
A personal injury lawsuit stemming from a car accident can be complicated, involving complex evidentiary issues related to fault. If you were injured in a car accident, contact an attorney who not only has experience handing car accidents, but is also familiar with the medical issues victims of such accidents experience. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident.