An Overview of Motor Vehicle Accidents
Auto accidents are responsible for victims losing time, health, property and sometimes life. Accidents like this can occur due to negligence, driver error, manufacturing defects, distracted driving or extreme weather. Whatever the reason for your car accident, you can speak with the experienced personal injury attorneys at Dansker & Aspromonte Associates in New York, NY to schedule a consultation.
Drivers that Are At-Fault, Aggressive or Negligent
In most car accident cases, the victim has an idea of who caused the collision. However, it can be difficult to prove who is actually at-fault, which is why laws were created to govern this type of scenario. If it is found that the other driver was negligent, you will have to prove that he or she breached their duty of care, which caused the damages you sustained. Having an attorney on your case can greatly help in the battle against an insurance company, defending yourself or seeking monetary recovery for injuries.
Evidence will need to be presented, such as police reports, witness accounts and the condition of the vehicles that were involved in the collision. All of these can reveal what really happened and why.
- Not stopping at a stop sign or red light
- Driving while drunk or under the influence of drugs
- Not driving cautiously during extreme weather conditions
- Driving faster or slower than the speed limit
- Driving while being distracted by a cellphone, passenger, radio, etc.
- Not obeying the traffic laws, such as the right of way, turn signals and so on
In some cases, the at-fault driver may have been more than negligent; he or she may have been acting recklessly or intentionally. A reckless driver is someone who holds disregard for the consequences of his or her actions. For example, in the case of road rage, the driver is showing reckless behavior, which can sometimes escalate into intentional behavior. These auto accident cases prove to be very dangerous, causing injuries and criminal charges. Aggressive drivers are considered a danger to the safety of others. For instance, driving fast and taking unnecessary risks on the road that can lead to fatal car accidents.
It’s recommended that you not confront drivers with road rage and aggressive drives. Instead, you should do the following:
- Move out of the way
- Don’t make eye contact
- Don’t return or make obscene gestures
- Don’t challenge the other driver
- Let go of your pride
- Report the aggressive driver to the police by pulling over in a safe place to make the call
Accidents Caused by Drunk Drivers
Car accidents involving drunk drivers can result in criminal charges and a civil lawsuit. It is also possible for the business that sold the driver alcohol to be held liable, if he or she was visibly intoxicated before the sale. However, the driver is still held responsible for his or her own actions. If you were in an accident with an intoxicated driver, consult with a lawyer who can lay out your legal options.
Car Accidents Not Caused by the Drivers
In some cases, car accidents can occur without it being the fault of any driver. For instance, if there is a design defect in the car, it could be the cause of an accident or make it worse. This could be the brakes failing or airbag not deploying at the time of impact. In these situations, the law of products liability applies, which helps to protect consumers when products raise risk of injury. If manufacturing defects were the cause of an auto accident you were in, then you can open a case against the manufacturer, designer or distributor of the vehicle.
It is also possible for other parties to be responsible, such as a mechanic who improperly repaired a vehicle, thus causing the accident. The mechanic and the employer of the mechanic would both be liable in this case.
When roads aren’t properly maintained, making them confusing or messy, such as poorly designed roads, unclear signs and other related issues, this too can result in an accident. The party responsible in these cases are government entities that are responsible for maintaining highways and roads. You may need a lawyer to help you understand the special rules that apply to cases involving lawsuits against government entities.
Call a Personal Injury Lawyer
It’s recommended that you promptly call an attorney after you’ve been in a car accident. This will ensure that you seek proper monetary recovery and preserve your rights. Call the office of Dansker & Aspromonte Associates in New York, NY to have a consultation scheduled with an experience attorney.