Proving Negligence after a New York Car Accident

If you are involved in a personal injury lawsuit after being injured in a car accident, you have probably heard the term “negligence” as you start to pursue your case. Negligence is a legal term that is often used in car accident claims. But in order to receive compensation for your claim, you have to prove that there was negligence. To win a personal injury case in court, the victim needs to show that the majority of evidence proves that an injury was caused by or because of the defendant.
All drivers are expected to exercise caution and have knowledge of the rules of the road. When you get behind the wheel, you accept the responsibility of driving with care while keeping in mind the welfare of pedestrians, other drivers, and even your passengers. This is called the “duty of reasonable care.” When this duty is breached, a driver may be called negligent.
Negligence in personal injury cases means someone acted recklessly or carelessly and that his or her actions harmed another. To prove this, an attorney must prove the following: duty, breach of duty, causation, and resulting harm. For example, if you suffered a broken leg after a collision caused by a driver who ran a red light, you must prove your broken leg was a result of that accident and not some other incident.
Drivers may be labeled negligent if, for instance, it can be proven they were speeding, driving under the influence, or if they ran a red light and caused a collision. Any action that can be qualified as “something the driver should not have done that a reasonable person would have done” may be termed negligence. You can also claim negligence to collect other compensation. If you missed work, your car was wrecked, and you have medical bills piling up as a result of the accident, these are all losses for which you may be compensated.
Proving negligence can be accomplished through a variety of evidence such as witness statements, medical reports, employment records, police reports, receipts, photo evidence, or video evidence, etc. The victim must convince the court that the defendant breached a standard duty of care and that the defendant caused injuries. An experienced personal injury attorney can help victims or their families with the legal process and will be able to better explain their rights.
If you or a loved has been injured in a New York accident, the experienced personal injury lawyers at the Law Offices of Kenneth A. Wilhelm can help guide you through what can be a complex and lengthy process. Please call our offices at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit our website: www.work4youlaw.com