Navigating the aftermath of a car accident can be overwhelming. There are injuries to deal with and vehicle damage to repair, plus complicated insurance paperwork and communications with insurers.
A lawyer could help victims through the process. One of the most critical aspects is establishing fault. To do this, attorneys use evidence such as eyewitness testimony and traffic camera footage.
Duty of Care
The duty of care is an important concept that relates to many types of personal injury claims, including car accident cases. It defines the legal obligation of individuals and companies to act in a reasonable manner toward other people and property. The breach of this duty can result in a variety of damages, including medical bills, lost income, and pain and suffering. This duty applies to all sorts of situations, from driving on the road to operating machinery to owning a business.
Car accidents are one of the most common incidents that could trigger a claim, but it’s often difficult to determine who is responsible for causing your injuries and losses. A personal injury attorney can help you determine who is liable for your damages by reviewing your case and analyzing the evidence. In order to prove that another party is responsible for your losses, you must demonstrate four elements: duty, breach of duty, causation, and damages.
To establish liability in a car accident case, you must show that the other driver owed a duty to drive safely and follow traffic laws. This is known as the duty of care element, and it can be established through police reports, eyewitness testimonies, traffic camera footage, and expert analysis of the scene of the crash.
The next step is demonstrating that the other driver breached this duty by driving recklessly or unsafely. For example, if they are driving in rain and fail to turn on their headlights, this is a clear breach of their duty. The final element is proving that the other driver’s breach of duty caused your injuries and losses. This can be challenging, especially in cases involving complex crashes or multiple parties. To prove this, you must demonstrate that your injuries would not have occurred if the other driver had not breached their duty of care.
In New York, a person injured by a negligent driver can recover compensation for their injuries, including medical expenses, lost income, and pain and suffering through a personal injury claim. This can also include property damage to vehicles, homes, and businesses if the crash occurred on someone else’s land.
Shared Fault
As a driver, you have the duty to protect passengers and other people on the road from harm. Failing to do so is considered negligence and can lead to car accidents. However, determining which parties are responsible for a crash is complicated. It requires a thorough analysis of multiple factors and an understanding of the law. A skilled and experienced car accident lawyer could prove invaluable in navigating this process.
In many cases, demonstrating legal responsibility requires showing that the other party broke a traffic rule or drove with unreasonable carelessness and that their actions were the direct cause of your injuries. In addition, you must show your losses, which include quantifiable expenses like medical bills and loss of income as well as non-economic damages such as pain and suffering.
Determining fault in a car accident involves examining various sources of evidence including police reports, eyewitness testimonies and physical evidence. For instance, skid marks and vehicle damage patterns help reconstruct how the crash occurred. Police body camera footage also offers valuable insights. However, this process is not always easy and can be disputed by the opposing party.
The legal standard for proving negligence is known as a preponderance of the evidence. This is a fairly lenient standard when compared to other standards such as clear and convincing evidence or beyond a reasonable doubt. This is why it’s important to have a car accident attorney from a reputable firm by your side.
Some states have pure comparative negligence laws that allow injured accident victims to pursue compensation even if they are partially at fault for their injuries. However, their compensation will be reduced by their percentage of fault. New York is one of these states that follows a pure comparative fault system.
On the other hand, some states use a contributory negligence system that bars an accident victim from seeking damages if they are even slightly at fault for the crash. This is particularly unfair since it can take just a moment of distraction or slow reaction to cause an accident. In fact, it is estimated that most car crashes involve a degree of contribution from all parties.
Negligence
In the vast majority of car accident cases, negligence is at the root. According to the National Highway Traffic Safety Administration, driver error accounts for 94% of all automotive crashes. When these errors are due to careless or reckless behavior, they can lead to serious injuries. If you are injured in a crash, an experienced New York car accident lawyer can help you pursue compensation for your losses.
A successful negligence claim requires the injured plaintiff to show the defendant owed them a duty of care, that the defendant breached this duty, and that their breach directly caused their injury or damage. To prove the first element, you must provide evidence that the defendant’s actions were inconsistent with how a reasonable person would have behaved in the same or similar circumstances. This is also referred to as the Hand Formula, a legal standard that judges often use to determine whether an individual’s conduct has been negligent.
To prove the second element, you must demonstrate that you suffered an injury as a result of the defendant’s breach of duty. This is also known as causation. In a car accident, you need to prove that you would not have been harmed but for the defendant’s careless or reckless actions. For example, if the defendant runs a stop sign and collides with your vehicle, you can prove you have a foreseeable injury such as whiplash.
The final element of a negligence claim is proof that you have suffered damages as a result of the accident and injury. This is typically based on your medical bills, lost income, property damage, and any other tangible expenses you have incurred as a result of the crash. For example, if you were rear-ended in a crash and suffered whiplash, your medical bills may include prescription drugs, hospital visits, physical therapy appointments, and vehicle repairs. Your lost income and property damage can be established by providing pay stubs, receipts, and other documents relating to the incident.
It can be difficult to establish all four elements of a negligence claim. Moreover, even if you do prove each one, the defense could still try to rebut your claims by arguing “contributory negligence,” or that you accepted some risk of injury in taking part in the activity. This can be particularly challenging if you were involved in a crash due to the defendant’s gross negligence, which is more extreme and can carry a higher penalty.
Damages
If you are hurt in a car accident, the law provides a legal means to seek compensation for your economic and non-economic losses. This is through damages that you can request in a claim or lawsuit against the person or entity who caused your injury.
The first type of damage that is available in most cases relates to the cost of your quantifiable losses. This includes medical bills, lost wages and property damage. This also may include future expenses, such as ongoing care, medical equipment or therapy visits.
It is essential to seek prompt medical treatment after a car crash to ensure that your injuries are properly documented and treated. This not only facilitates your recovery but also supports your legal case for damages.
In New York, no-fault insurance (also called Personal Injury Protection) typically covers your immediate medical expenses and 80 percent of your lost wages up to a limit, regardless of who was at fault in the crash. This is designed to reduce the need for lengthy lawsuits and streamline the compensation process. However, it often falls short of addressing all of your actual financial losses.
You can go outside the no-fault system to file a claim against an at-fault driver for your medical costs and other losses, but this typically requires that your injuries meet certain thresholds of severity. A knowledgeable attorney can help you determine if this is an option in your case.
The other major component of a victim’s damages are the non-economic losses. These include physical discomfort, mental anguish and diminished quality of life. The amount of these damages is largely up to the jury, although insurers and courts tend to assume that serious, permanent injuries will result in significant pain and suffering.
When assessing these types of losses, the lawyer will gather evidence from numerous sources. This can include witness testimony, police reports, surveillance footage or dashcam video and photos of the scene of the accident.
It can take time to collect this information, especially if an accident occurred in a busy intersection or other area where there are many people who witnessed the collision. The more comprehensive the evidence collected, the stronger your case for damages will be.
