Motor Vehicle Accidents Caused by Negligence

Motor vehicle accidents

Motor vehicle accidents account for many serious injuries and fatalities each year. Most of these accidents are caused by driver inattention, speeding, drunk driving or failure to adhere to traffic rules. If you have been injured in a motor vehicle accident, you may be entitled to compensation for medical expenses, lost wages or earning capacity, pain and suffering, and property damage. Proving fault in an accident is the key to winning the case.

Using negligence as a basis for recovery

Negligence is a legal theory used in most motor vehicle accident cases. It means that the injury or harm was caused by another person’s thoughtlessness or carelessness, or by failing to do something that he or she should have done. To prove negligence, the injured victim must show the following:

  • The driver had a “duty of reasonable care: The law requires auto drivers to be reasonably careful on the road when running into other vehicles, passengers, and pedestrians.

  • The driver breached (or violated) the duty of care: This is proving that the driver was not careful as required by law. In order to determine whether a driver was sufficiently careful, the driver’s conduct is compared with the conduct expected of a “reasonable person”. The law assesses how a reasonable, prudent person would have behaved in similar circumstances.

  • The driver’s conduct caused your injuries: You must show that you suffered injuries due to the driver’s conduct.

  • You were injured or suffered losses: Motor vehicle accident victims must prove and show evidence of their injuries, damages, or other monetary losses in order to be compensated.

Motor vehicle drivers’ duties

Drivers are required by law to practice reasonable care on the road. There are specific requirements imposed by law:

  • To drive at a reasonable speed: Drivers are required by law to drive at a reasonable speed as a reasonable, prudent person would. The driver can be held negligent for failing to drive at a reasonable speed or take into account the existing traffic, road visibility, and weather conditions.

  • To drive with caution and keep a proper lookout: Drivers are required by law to be alert and keep a proper lookout for other vehicles, pedestrians, and road hazards. A driver can be held accountable if he/she fails to take proper precautions or care when driving in certain places or conditions.

  • To maintain control of the vehicle: Drivers have a duty to maintain control of their vehicle, such as being able to stop quickly when required. If the car loses control for no apparent reason, the driver may be considered negligent.

  • To maintain and use car equipment: Drivers are required to maintain and keep their vehicles safe. All vehicle parts including breaks, lights or tires should be in a working order.

  • To behave on the road: Different states have laws that govern how drivers are expected to behave on the road. A driver can be held accountable for conducts such as, driving under the influence of drugs or alcohol, displaying an aggressive behavior on the road or using a cell phone while driving.

Injured in a motor vehicle accident? Contact Marvin A. Cooper, P.C

If you sustain an injury due to the negligence of another, motorcycle accident attorneys at Marvin A. Cooper, P.C. can evaluate your case. We can significantly improve your chance of obtaining proper compensation for your injuries. Call us today for a consultation at (914) 357-8911/ (718)-619-4215 or fax at (914) 428 4126. You can also email at whc@cooper-law.com.

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