Rockaway Beach Car Accident Lawyer
Car accidents are an all-too-common and dangerous source of injury on the road. Even if you adhere to all the relevant safety laws while using your vehicle, another driver’s negligence could still cause you to get into an accident. On top of this, congested streets and distractions from pedestrians weaving in and out can make driving in the city an even more hazardous task.
If someone else’s carelessness caused your car collision, it is important to know that you have legal options. A seasoned Rockaway Beach car accident lawyer could guide you from start to finish of your legal proceedings and help you recover the compensation you deserve for your suffering. While money cannot undo what happened to you, it could help you cover any costs related to your injuries and accident. Contact our firm today to discuss your unique case with an experienced personal injury attorney.
Proving Liability in a Negligence Case
While a multitude of circumstances can contribute to car accidents, a common theory of liability in an automobile accident is negligence. A negligence case might be the right course to pursue if an individual was injured due to the actions of another driver, such as:
- Distracted driving
- Improper passing
- Following too closely
- Failing to yield
To prove liability for negligence, an attorney must show that four requirements have been met. The first is that the responsible party owed a duty of care to the injured party. While specific duties can apply to certain individuals, every driver owes a general duty to exercise a reasonable level of care to avoid injuring others while on the road.
After establishing that the driver owed the injured party a duty of care, an attorney must then prove that the driver failed to live up to that duty. For instance, proving that a responsible party was texting while they ran a red light could be sufficient to show that they breached their duty of care to those around them.
In Rockaway Beach, even if a car accident attorney proves both that the duty existed and that the duty was breached, they must still show that the breach caused the damages to the injured party. For example, even if the driver who ran a red light was distracted by texting, they might not be the only one liable for the damages if another driver barreled through the intersection at the same time.
Arguments surrounding the cause of the accident can lead to inquiries into the theory of comparative negligence. In New York, an injured individual could still recover for damages even if they contributed to the accident. However, the amount they are entitled to will decrease proportionately to their fault.
The last step in proving negligence in a car accident case is establishing that the injured party sustained damages. If the injuries were extensive, this is often easily accomplished through the introduction of medical bills or professional testimony regarding the extent of the injuries sustained by the victim.
No-Fault Insurance and Damages
When an individual is injured in an automobile accident, there are a variety of damages they could pursue in a lawsuit. However, it is important to note that New York follows what is known as a “no-fault” insurance rule. This means that, no matter who may be responsible for the accident, victims must first submit their claims for economic compensation to their own insurance companies.
Economic damages include the tangible financial results of an accident, such as the cost of an ambulance ride or an extended hospital stay. These damages must generally have been reasonably necessary and proportionate to the individual’s injuries.
In addition to economic damages, non-economic and punitive damages might be available in some lawsuits. Non-economic damages include things like pain and suffering and attempt to compensate individuals for more abstract injuries resulting from their accident.
Unlike compensatory damages, punitive damages are designed to punish the negligent driver rather than compensate the injured party. These damages are generally only available in severe cases where the responsible party’s actions were egregious. During a private consultation, a Rockaway Beach attorney could answer any further questions about what damages might be recoverable in a specific car accident case.
Contact a Rockaway Beach Car Accident Attorney Today
Depending on the nature of your injuries, you may be left unable to work or complete daily tasks. If this is the case, financial compensation may be necessary to take care of yourself now and well into the future.
Unfortunately, pursuing legal action alone can prove extremely challenging, especially without the guidance of a knowledgeable attorney. You need a dedicated Rockaway Beach car accident lawyer on your side to help you recover the damages you suffered because of your collision. By contacting our firm, you can fight against lowball insurance offers and seek the full amount that you are entitled to. Call today to get started.