New York Chrysler Car Accident Lawyer
Each year there are thousands of car accidents in New York, resulting serious injury, death and property damage. If you are a victim of a car accident involving a Chrysler you know just how confusing the moments immediately following the accident can be. You may be confused about what happened, and you may be in pain from your injuries and focused on your medical needs. For example, it is not uncommon for a victim to suffer a traumatic brain injury such as a severe concussion, or a life-altering spinal cord injury. These injuries may render you immobile, cause you great pain, or leave you confused. If there were others in your car who were also injured, you will also be concerned about their well-being. However, it is also important to understand the steps that you must take, or that must be taken on your behalf to make sure your legal rights are protected. If you were seriously injured in a car accident such that you feel you need a New York Injury Lawyer it is critical that you immediately contact an experienced New York Chrysler Car Accident Lawyer who will work closely with you to ensure that you receive compensation for your losses through a personal injury or wrongful death claim.Proving a car accident claim
While there are many reasons for car accidents, typically an accident is caused by someone’s negligence. 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, you can pursue a claim against that person for damages. To prevail you must first show that the driver had a duty to you to drive with care. Because New York drivers are expected to drive at a reasonable, prudent speed, to keep the vehicle under control, and to obey all traffic laws in order to not cause harm to others, then all drivers have a duty to other drivers. Furthermore, you must show that the driver's negligence caused your injuries and that you suffered damages. For example, if you sue to recover damages based on a back injury and a head injury, you must show that you sustained the back injury and the head injury in the car accident and that you did not hurt your back and head in a fall two days prior to the accident. Your medical records will provide key evidence as to the injuries that you sustained in the car accident. The negligent driver may have to pay for your emergency room visit, surgery, rehabilitation, visits to the doctor, medication, assistive equipment and future related medical expenses. In addition, the negligent driver may be liable for other economic losses you sustained such as lost wages or loss of earning capacity. The negligent driver may also have to compensate you for damage to your property, such as the damage to your vehicle. A court may also award you non-economic damages such as pain and suffering or punitive damages.New York Chrysler Car Accident Lawyer
If you are injured in a car accident, your first priority should be to see to your medical needs. However, it is also important to understand that the steps you take immediately following an accident may have an impact on any claims you file. Thus, it is important to contact an experienced car accident attorney who will guide you through the process and make sure that your rights are protected. The staff at Stephen Bilkis and Associates is experienced in handling personal injury and wrongful death cases stemming from auto accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case.