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Proving negligence in a car accident

The New York roadways are busy and filled with motorists. While many follow the rules of the road and drive safely, others do not uphold their duty to drive safely. Whether it is a speeding driver, a driver cutting off another in traffic, failing to use a turn signal, turning when it is unsafe to do so, distracted driving or driving under the influence, a negligent driver could be the cause of a sudden and serious car accident.

The aftermath of a car accident can be gruesome and overwhelming. It can also be difficult to fully assess what happened and caused the accident. When it is believed a negligent driver is to blame, certain elements must be met. There are five elements that must be met when asserting negligence in a personal injury action.

The first is duty. This means that the driver had a duty to the victim to drive safe. The second element is a breach of this duty. In the case of a car accident, this means that the driver failed to exercise reasonable care in fulfilling their duty to drive safe. The next element is cause in fact, which means that the driver's negligence was the cause of the victim's injuries.

The fourth element is proximate cause, which focuses on the scope of the driver's responsibility in the matter. In other words, the driver is only responsible for the harms that could have been foreseen. The final element is damages. This means that the victim must have suffered actual damages.

Navigating life after a car accident can be difficult; however, there are steps one can take to make it easier. A personal injury action may be an option, and this civil claim could help an accident victim deal with losses and damages associated with the accident. While this action can help hold a negligent party accountable, it can also help cover expense such as medical bills, pain and suffering, rehabilitation, lost wages and other similar damages.

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