Baldwin Car Accident Lawyer
There are many causes of car accidents, with most resulting in limited bodily injury. However, some crashes inevitably cause long-term consequences and serious injuries. Following a car accident, a Baldwin car accident lawyer could guide you through the process of recovering damages from the motorist that caused your accident.
From medical bills to the cost of repairing your car, the expenses from a car crash can be significant. A practiced injury attorney could help hold the at-fault driver accountable with an injury claim.
Negligence in a Baldwin Car Accident
For a car accident claim to be successful, the plaintiff must first demonstrate that the defendant was at fault. To do so, they must establish that the other driver was negligent. There are four elements that must be met to prove negligence:
- Duty of Care
Duty of Care
Not every injury results in a viable claim for damages. To be entitled to compensation, a plaintiff must show that the defendant owed them a duty of care. While this issue comes into dispute in certain injury lawsuits, it is rarely a point of contention in a car accident. This is because every driver owes each other a duty to drive safely.
To prevail at trial, a plaintiff must demonstrate more than that a duty of care existed. They must also show that the defendant violated their duty of care. Any careless or reckless act that results in a crash could violate the duty of care.
A plaintiff in a car accident lawsuit must also be able to prove that their injuries were caused in the accident. In other words, they can only recover compensation for injuries resulting from the defendant’s negligence.
If a negligent driver causes a crash but does not cause any injuries, then a plaintiff would not have grounds for compensation. A plaintiff must be able to show that they suffered compensable losses due to the responsible party’s negligence.
Shared Fault in a Crash
Liability in a car accident case is often clear. However, many times, both drivers will share some of the liability. Historically, a plaintiff that played even a minor role in causing a crash could not recover damages from the other driver. Many states, including New York, have moved away from this standard.
According to New York Civil Laws and Rules 1411, the law will not bar a plaintiff from recovering damages if they contributed to the accident. However, the statute does require a jury to diminish a plaintiff’s damages by their degree of fault. In other words, a plaintiff that is five percent at fault for a crash would see their damage award cut by five percent.
Reach out to a Baldwin Car Accident Attorney Immediately
The aftermath of a car accident can be difficult. You may be uncertain of how to proceed. If the accident was a result of another driver’s negligence, a skilled personal injury attorney might be able to help you determine your next step.
With experienced legal counsel, you could pursue monetary compensation for your injuries. Call a Baldwin car accident lawyer to learn more.