How to Prove Negligence in a New York City Car Accident
In New York, victims of car accident injuries typically go to their own insurance provider first. However, if you suffered severe injuries at the hands of a negligent driver or other party, you should be aware of your ability to file a personal injury lawsuit to recover more compensation.
To prove negligence, a car accident victim must show that the other party failed to meet their duty to exercise reasonable caution while driving. Examples of these failures include violations of traffic law and official guidance on driving in special situations. You can use evidence from the scene as well as eyewitnesses and expert testimony to help prove your claim.
To find out more about how you could potentially recover compensation through a lawsuit, contact the seasoned New York City car accident attorneys at The Carrion Law Firm. By calling us at (718) 841-0083 today, you can obtain a free initial case assessment.
When Is a Driver Negligent in a New York City Car Accident?
To show that you deserve compensation for your injuries caused by a New York City car accident, you will need to show that another party was responsible for causing them, either through negligence, recklessness, or intentional or malicious conduct. By far the most common among these is negligence.
The legal concept of negligence applies to any situation in which a person or entity violates a legal duty of care that they owe to someone else. Every driver on the roads and highways of New York owes a duty of care to the motorists, passengers, and pedestrians in their vicinity. To satisfy this duty, the driver must exercise reasonable caution while behind the wheel.
An easy way to identify whether a driver has violated their duty of care in causing an accident is by comparing the driver’s behavior to the applicable traffic laws and regulations. If a driver broke the traffic code, it is likely that they were negligent. For instance, if a driver drove through a red light at an intersection, their negligence would make them liable for the consequences of the subsequent collision.
There are also other duties drivers must meet that aren’t explicitly spelled out in traffic laws. Many of these duties are spelled out in the New York Department of Motor Vehicles (NYDMV) official driver’s manual. This source provides guidance on responsible driving practices in specific circumstances, such as driving at night or during inclement weather conditions. In circumstances like these, a reasonably cautious driver would take the additional dangers of low visibility and slower stop times into account by leaving larger gaps between their vehicles and others and lowering their rate of speed proportionally.
Consult with a Queens car accident attorney to learn more information about driver responsibilities and how negligence may have contributed to your accident.
Evidence to Prove Negligence in a New York City Car Accident Lawsuit
There are a number of different types of evidence that your Staten Island car accident lawyer will introduce to prove your personal injury case. While some types of evidence can be obtained after the accident, some is only available for a short time, meaning that you can take steps yourself to improve your case and chance of recovery.
In every accident resulting in death, injury, or substantial property damage, the police officer called to the scene must file an official police report, which will contain details about the circumstances of the accident, the parties involved, and where fault exists. While police reports might not be introduced in a court case, they can serve as the basis for your lawsuit or insurance claim. This only happens if the police are alerted to the accident, so always call 911 immediately after you are involved in a collision.
The easiest way to convey the circumstances and severity of an accident to a jury is through pictures and video of the scene itself. Using your cell phone at the scene, do your best attempt to document all aspects of the accident, including road conditions, tire tracks, damage to the vehicles, and weather conditions.
Sometimes, the best evidence of how an accident occurred is through the first-hand account of the people that saw it happen. However, eyewitnesses are hard to track down after they leave the scene of the accident. If you are able, attempt to speak with and get contact information from any others who saw what actually happened.
In most cases, the complexity of the accident or the injuries will require an expert to explain certain details to the jury. An automotive expert could explain how a reasonably cautious driver would have avoided causing the accident. A medical expert could describe the severity of the victim’s injuries and the prognosis for their recovery. A financial expert may help elucidate the finer points of how damages should be assessed to account for the victim’s damages. Our Brooklyn car accident attorneys can locate competent professionals who can not only assist you personally but also help you prove your case in court.
Other Parties that May Be Negligent in a New York City Car Accident
When you are severely injured in a car accident, liability may lie somewhere else than with the other driver. If the government body responsible for maintaining the roadway failed to cure hazards or defects, they could be responsible for an accident. If the driver that caused the accident was doing their job as an employee, their employer might be the liable party. If defects one of the vehicles involved contributed to the accident or injuries, the auto manufacturer could be the party to blame.
In cases where more than one party may share the blame, you have the ability to name multiple defendants. Identifying these situations is the most difficult step, but our seasoned Oyster Bay car accident lawyers can help you determine who should be held accountable for your serious injuries.
Our New York City Car Accident Lawyers Can Help You Prove Negligence in a Lawsuit
Get the legal counsel that you deserve for your injuries from an experienced Bronx car accident lawyer at The Carrion Law Firm when you call us today at (718) 841-0083.