Bay Shore Side-Impact Car Accident Lawyer
A side-impact or T-bone, car accident occurs when one vehicle crashes into another at a 90-degree angle. Another common term for a side-impact crash is a “T-bone” accident due to the position of the vehicles in the accident.
Considering your options for legal action might be an afterthought after suffering through a traumatic car accident, but a skilled legal professional could help make the process easier. A Bay Shore side-impact car accident lawyer could be there to help you plan and execute a lawsuit to recover compensation from the negligent party. Contacting a dedicated car accident attorney could help you weigh your options moving forward.
An Overview of Negligence
The vast majority of car crashes result from some form of negligence. Negligence, a subset of tort law, awards plaintiffs compensation from damages against an individual or entity for conduct that caused the plaintiff harm, even if said harm was unintentional.
What are the Elements of Negligence in Side-Impact Car Accident Cases?
Four key elements of negligence must be present for a plaintiff to have a legitimate claim. The first element is the duty of care. Every driver has a duty to operate their vehicle with reasonable care and avoid the unreasonable risk of harm to others. The second element is known as a breach. A defendant is in breach of duty if they put others at risk of harm by failing to drive carefully.
Element three is causation, and element four is harm. The defendant must have caused the plaintiff actual harm in the accident. If the plaintiff suffered their injuries in an incident unrelated to the defendant’s negligence, they might be ineligible to bring a claim against the defendant.
What is a Driver’s Duty on the Road?
A driver has a duty to adhere to all traffic laws. For example, if the defendant fails to stop at a red light and drives into the intersection, causing a side-impact accident, the defendant could be liable for negligence. If both drivers involved in the accident are negligent, the battle of comparative negligence might arise. In such cases, a side-impact car crash attorney in Bay Shore would have to provide evidence supporting that the plaintiff was less at-fault than the defendant, entitling the plaintiff to greater damages.
Suing a Defendant in a Side-Impact Car Accident Case in Bay Shore
While most cases may have a clear-cut defendant, some situations might be more complicated. Vicarious liability could be a factor in cases where the defendant was a commercial driver. Under vicarious liability, a plaintiff could sue a defendant’s employer for damages if the defendant negligently caused the accident within the scope of their employment. A common example would be a lawsuit against a company whose truck driver caused an accident while working.
In some cases, multiple defendants may be brought into a lawsuit. Under New York Civil Practice Law & Rules §1002, plaintiffs may assert a claim jointly or severally against more than one defendant for a single accident if any common question of law or fact is present. For example, if the defendant hits the plaintiff’s car, sends it into the intersection, and causes another motorist to collide into the side of the plaintiff’s car, the plaintiff could potentially sue both parties in the same lawsuit. A diligent side-impact auto accident lawyer in Bay Shore would have to demonstrate that a common issue of law or fact applies to both defendants to decide who to take action against.
Consider Contacting a Bay Shore Side-Impact Car Accident Attorney Today
Side-impact car accidents could cause serious harm. Those on the receiving end could suffer devastating injury because there are little structural barriers protecting them from another car. Often, they are unable to brace themselves for a forceful impact, another factor that might cause victims to suffer even more severe injuries.
The trauma that a severe accident does not have to obstruct your right to financial relief. A Bay Shore side-impact car accident lawyer could assist you in developing a strategy for legal recovery and zealously advocate for your just compensation. Your journey toward legal recovery begins now, so call today and schedule a consultation.
