Types of Negligence in New York Car Accidents

car collision accident

The roads in New York are very busy at almost all times of the day. Because of this congestion, car accidents are fairly common. All drivers behind the wheel of a vehicle are obligated to follow the rules of the road to ensure the safety of themselves and others. However, this is not always the case and accidents happen. Drivers are only human and therefore are subject to human error. They can sometimes become distracted on the road for just a moment and collide with someone or something else. Driver negligence can cause very serious accidents that result in drastic injuries and sometimes even death.

People who become injured in an accident stemming from negligence sometimes wish to hold that party responsible for their injuries. To do so, they can pursue a personal injury lawsuit. During this process, it is important to enlist an experienced attorney to help the case.

Types of Negligence

There are many ways that driver negligence can be seen on the road. Generally, these actions can fall under two categories: dangerous driving and distracted driving. When a person drives dangerously, they are not following their lawful obligation to be safe on the road. In failing to do so, they are endangering all other passengers they share the roads with. Actions that are considered dangerous driving can include speeding, reckless driving, improper lane changes, unsafe passing, failure to abide by stop signs and lights, street racing, driving under the influence of drugs or alcohol, and more.

Part of being safe on the road is making sure the driver pays attention to the road and the vehicles around them. Distracted driving is one of the leading causes of accidents in the United States. Today, people are commonly distracted by their cell phone and other electronic devices behind the wheel. This may be for navigation, to make or receive phone calls, listen to music, send a text or email, or search the internet. Other things that may distract drivers from the road can include eating, looking for something in the car, or speaking to other passengers while driving.

Proving Negligence

When a driver is negligent and hurts another person as a result, they can be held liable for their actions. To hold a driver responsible, the injured party must satisfy the 鈥渂urden of proof.鈥 This requires them to provide evidence of negligence. To prove the driver acted negligently, this evidence must show the accident and the injuries sustained happened as a direct result of the other driver鈥檚 behavior. Evidence that may be useful during a lawsuit can consist of a police report from the scene of the accident, medical documentation of the injury, pictures and videos of the accident, or any witnesses.

Contact our Firm

At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice claims process. Our firm understands how traumatic it can be when you become a victim of medical malpractice. We are prepared to fight on your behalf to help you recover a maximum compensation award. Contact our firm today.