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New York Negligence Car Accident

Have you recently been involved in a vehicle accident and are curious about your rights? If so, you are not alone. Anyone who has suffered injuries or critical property damage to their vehicle will have questions about the best way to proceed and how to protect their interests. It can be challenging to figure out what’s involved in filing a personal injury claim and who may be held responsible. This boils down to the crucial element of negligence, which determines who can be held liable in an accident tied to injuries or death.

Any New York car accident negligence attorney can tell you that negligence is involved when a person behaved recklessly or egregiously and this causes an accident with severe injuries for anyone else. Negligence is a critical component of your personal injury claim and the only way to identify who could be held responsible for the accident may involve accident reconstruction or careful examination of the accident scene. For this reason, you will want to retain a New York car accident negligence attorney as soon as possible.

An attorney who has been practicing in this field for years can tell you more about how to craft a compelling case to recover compensation for your injuries. Things can get heated in moments immediately after a vehicle accident but gathering the appropriate information and reporting the incident to the authorities is the first step towards illustrating negligence. It might even be difficult for you to remember the exact circumstances behind how the accident occurred.

This information may be developed at a later point through accident reconstruction or through analysis of the evidence of the accident scene. You need to ensure that your rights are protected from the moment you have been critically injured in an accident because you may not be able to count on your insurance company or the other party to look out for what is best for you. This is a leading reason to hire a car accident negligence lawyer in New York who has a track record of successfully representing victims who have paid the price in the form of severe injuries. It may be difficult to tell which party or parties are at fault for an accident in New York.

Apportioning fault in a car accident case however, is the crux of your personal injury claim and requires careful review of the circumstances and the facts of the case as well as a full understanding of the negligence law in New York. In order to illustrate negligence in a car accident case, the injured plaintiff has a responsibility to prove the following in a legal claim:

  • The other driver owed a duty to act as a reasonably responsible driver would have acted under similar circumstances.
  • The other driver in the accident breached that duty of care.
  • The breach of duty of care lead to the plaintiff's damages and injuries.
  • The injured plaintiff sustained severe injuries and damages such as lost wages, pain and suffering and medical bills in treatment.

In car accidents where it is challenging to identify which party is negligent, New York uses what is known as a pure comparative negligence standard to apply fault. An injured plaintiff for this reason may be eligible to recover compensation for his injuries even if they were deemed to be partially responsible for the accident. This means that the available damages will be reduced according to the percentage assigned to each party.

Some of the most common ways that negligence is identified in these cases include disregarding traffic signals or signs, acting carelessly, speeding or being under the influence of drugs or alcohol at the time of the accident. You need competent legal representation in the form of a car accident negligence attorney in New York if you are concerned about presenting negligence in a comprehensive fashion so that you can avoid the consequences of the other party attempting to blame you. Recovering maximum compensation should be the goal of your lawyer.

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