Driving in the city can be difficult even under the best circumstances. Motorists must contend with heavy traffic, erratic drivers, and construction zones that greatly increase the chances of an accident. Even low-speed accidents carry the potential for serious injuries to drivers and passengers.
Whenever there is a collision between two vehicles and one driver caused an injury to the other, the at-fault driver may be civilly liable to pay for the other party’s injuries and losses.
If you were injured in a car crash, a Brooklyn car accident lawyer could represent you in your claim against the at-fault driver and their insurance company. A skilled attorney could work to get you the compensation you deserve due to another drivers’ negligence.
How Does the Law Assign Fault?
While most collisions between cars are not intentional, one driver is still considered the be responsible, or at fault, for the accident. The driver may not only receive a citation from the responding police officer and pay increased insurance rates but also be legally responsible for any injuries resulting from the collision. When the at-fault driver’s insurance policy does not cover the extent of the costs associated with the injuries, the injured driver can bring a lawsuit.
A driver is deemed at fault for an accident if they acted negligently while driving. One way a plaintiff can prove this by demonstrating that the at-fault driver was breaking a law when the accident occurred. This is the concept of “negligence per se.” If a driver got into an accident because they were speeding, ignored traffic signs, or failed to yield, that driver may be at fault.
Other cases are based on a more comprehensive definition of negligence. These negligence cases require the plaintiff to prove a number of elements to win a case. In general, they must prove that the defendant owed them a duty to care, that they failed in this duty, and that this failure caused their injuries. A Brooklyn car accident lawyer could investigate and recreate the accident to determine fault.
Compensable Damages in a Car Crash Case
The most common form of compensation a person may demand from the defendant is payment for medical costs related to the accident. These may include an ambulance trip, emergency room treatment, any surgical costs, therapy sessions, and medications. However, a car accident claim may also include:
- Payment for lost wages
- Compensation for mental anguish
- Compensation for loss of enjoyment of life
- Payment for any permanent disability
Let a Brooklyn Car Accident Attorney Help
It may be a difficult process to prove to an insurance company that their insured is at fault for an accident. Even when someone provides police reports and medical records demonstrating that the defendant is at fault, insurance companies may drag their feet to discourage further negotiations.
A Brooklyn car accident lawyer could help victims fight to obtain the compensation they deserve for their injuries. A skilled attorney could deal with the insurance company directly and reduce the chance of you agreeing to an unfair settlement. Contact an attorney today to learn how they could help you after this stressful accident.