The Negligence That Leads to Car Crashes in Queens
Negligence is thoughtless behavior that causes damage to others. In a car accident in Queens, a person might be negligent by either doing something wrong (such as speeding or running a red light) or by not doing anything at all.
Another way to look at negligence: Injured motorists, riders, or pedestrians must be avoided. If a motorist is negligent and someone is injured, the driver (and their auto insurance company) may be responsible for their injuries as well as other losses.
Negligence in Driving
Negligence is a factor when determining culpability in an automobile accident, whether via an insurance claim or in court.
In an automobile accident lawsuit, the plaintiff must demonstrate the following:
The Defendant Had to Be Cautious. It's Known That Drivers Must Use Reasonable Care in All Aspects of Vehicle Operation
He was careless. A breach of the fiduciary duty is termed a violation. The law compares a driver's actions to that of a "reasonable person" to determine negligence. If the defendant's actions do not match those of a reasonable person in the same situation, the defendant has breached the obligation of care. Typically acceptable driving behavior includes:
Waiting at a Red Traffic Light and Keeping a Safe Distance Behind the Car in Front
The defendant's actions hurt you. Paula, for example, sues Dan, alleging neck injury after a rear-end collision. Paula must prove that the vehicle collision caused her injuries. If Paula damaged her neck the day before the accident while golfing, she’d have trouble proving Dan's actions caused her injuries.
The Plaintiff Lost Money
Injuries, lost income or earning ability, pain, and suffering, and vehicle damage are all compensable. The plaintiff cannot collect if there are no demonstrated damages. For example, if Paula is not injured, misses no work time due to the accident, and her automobile is unharmed, she cannot sue Dan for damages.
What Is a Driver's Legal Duty?
Drivers must exercise reasonable care to prevent injuring others on the road. But what does this mean? Consider a few instances.
Consistently slowing down Drivers must drive at a reasonable, cautious speed considering traffic, route, visibility, and weather. Going the speed limit is careless if visibility is poor, the weather is terrible, or the conditions call for extra caution.
Vigilance and Appropriate Surveillance
Drivers must be aware and vigilant for other cars, pedestrians, or road hazards. Drivers are supposed to see what a reasonable person would perceive. Failure to do so is carelessness.
Keeping the Automobile Under Control
Drivers must always maintain control of their vehicles. If an automobile loses control (overturns or leaves the road), negligence is presumed.
Vehicle equipment maintenance and usage. Drivers must keep their cars in good functioning condition. For example, the lights and brakes should operate.
State-mandated Driver Duties
Each state’s legislation sets the rules of the road. In some instances, breaching a traffic law creates a "presumption" of carelessness, requiring the defendant to show otherwise.
A suspicion of negligence may be established by:
- Drunk driving
- breaking right-of-way restrictions, especially pedestrian rights, and driving on the opposite side of the street
NEGLIGENCE DEFENSES IN CAR ACCIDENTS
Legal defenses may help reduce or eliminate a defendant's guilt in an automobile accident.
For example, if a person crosses the road and is struck by a vehicle, the driver may be excused. Perhaps simply some of the cyclist's injuries. Lessen your risk of automobile accidents.
A CAR ACCIDENT LAWYER CAN HELP
In some instances, it may be prudent to manage your vehicle accident claim. However, having an attorney on your side is critical in most cases, especially when there are serious injuries or when responsibility is unclear. Finding the best lawyer for you as well as your issue is important.