If you’re injured in a car accident and want to bring a claim for pain and suffering against the at-fault motorist, it’s essential to understand the concept of liability and the different elements of the negligence cause of action.
A person can be liable when they can be held legally responsible for harm caused. In other words, a person can deemed liable for an accident when responsible for the accident and the damages and injuries caused.
The law can sometimes get complicated in New York, where most people injured in car accidents can only recover if they can show a “serious injury.” While this can be a complicated area of law, an experienced attorney can help to explain when those injured in a New York motor vehicle accident can make a claim because they have a serious injury claim to assert. When proving liability based on the negligence of another, at least four elements must be proven.
A driver must act reasonably under the circumstances. Generally speaking, it is the driver’s responsibility to operate a motor vehicle responsibly and in a safe manner. The driver must follow the rules of the road, as set forward in the New York Vehicle and Traffic Law and other sources.
A driver can “breach” the duty of care by, for example, violating the Vehicle and Traffic This can potentially include failing to safely maintain the vehicle, driving under the influence, driving above the speed limit, crossing the road in prohibited places, or texting while driving. When the driver fails uphold the duty of care, it is breached.
Causation is the connection between this breach and a resulting injury. For example, a speeding driver may not be liable for negligence if the act does not injure anyone, as when a pedestrian jumps out of the way before being struck by a car. If, however, the pedestrian is not able to jump out of the way in time, actual and “proximate” causation will be shown.
Those injured by the negligence of a New York motorist can bring a claim for personal injury caused by the breach of a duty of care. An experienced attorney can work to assemble the evidence necessary to satisfy every element of a negligence claim
Have you been injured in a New York car accident? If you are seeking a lawyer for personal injuries, please do not hesitate to contact us. Our experienced attorneys, who have the experience to help you achieve maximum compensation, are standing by. Call (844) 444-4444.