NYC Car Accident Attorney GGCRBHS& M Accidents involving motor vehicles are among the most common causes of serious injury and death in the United States each year. Despite the advancements in technology and significant safety improvements in cars and in the design of roads, automobile accidents remain quite common. In fact, car accident claims and lawsuits are probably the most common type of civil tort case filed by attorneys today. It is important to note that not every car accident will result in litigation. Where nobody is injured or the injuries are not considered serious, the No- Fault laws of New York will generally govern any bodily injury claims and restrict recovery. Conversely, the more serious the injury that results from a car accident, the more likely it is that a successful recovery can be obtained.
Automobile accidents are a class of tort cases which derive, for the most part, from the basic tort principles of negligence. Negligence is generally defined as the lack of ordinary care. It is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances. Maxblast Cd Download. It may arise from doing an act that a reasonably prudent person would not have done under the same circumstances, or, from failing to do an act that a reasonably prudent person would have done under the same circumstances.
The most common types of automobile accidents are caused by: Driver Error or Driver Negligence. In the context of automobile accidents, negligence can arise under many situations. The most common cause of automobile accidents is driver error. The common driver errors seen in auto litigation are: failure to yield the right of way, Following too closely, driving at an excessive rate of speed, driving while intoxicated and driving under the influence and disregard of traffic control devices. Distractions to Vehicle Driver. These are not the only causes of auto accidents, however in our modern world, distractions to a motor vehicle driver have become an increasing cause of accidents.
Common distractions include: car driver uses a cellular phone, car driver attempts to read, car driver puts on makeup, car driver changes the radio station and numerous other distractions both inside and outside of the vehicle. Failure to Properly Service and Maintain a Car, Truck or Bus. Another significant area of automobile litigation, often seen in a commercial vehicle setting, involves the failure to properly service and maintain the vehicle. This failure is being seen more frequently in automobile litigation every day. Typically, they will involve the breakdown of a part of the car,truck or bus due to the failure of the owner or a service company to properly maintain and service the car, truck or bus. The results of this failure are, quite often, catastrophic.
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She was in a car accident in the Las Vegas area. After her accident she was scared & wasn’t sure how to deal with the insurance company & their. San Antonio CAR ACCIDENT Attorney . Skill & Experience, your benefit. Since 1982, drunk driving fatalities on our nation’s roadways have decreased 52%, while total traffic fatalities have declined nearly 24%. Among persons under 21.
For example, the simple failure to properly lubricate the bearings on a car or commercial vehicle, such a truck (a standard maintenance item) can result in an entire wheel assembly becoming disengaged from the vehicle while driving. Road Defect or Negligent Design of the Roadway. A special class of automobile accidents involves factors external to the driver or the vehicle. These are generally known as roadway defect cases.
They can involve the design of the roadway itself wherein a: poorly designed roadway, means of controlling traffic can cause or contribute to an accident, construction or debris can cause or contribute to an accident and negligent design and maintenance of the roadway. Product Liability or Auto Manufacturing Defect.
Automobile accident litigation may involve a unique class of litigation known as products liability. In the automobile context, these claims involve a defect in a given motor vehicle which caused the accident and resulting injuries. These defects can include tire blowout, brake failure and mechanical failure. Often, a design or manufacturing defect will not cause the actual accident, but cause the injuries sustained in the accident to be far worse. Well- known examples of this include the following design defects: SUV more susceptible to rolling over in an accident Gas tank more likely to ignite in a collision Manufacturing defect which causes a seatbelt to fail Failure of an airbag to deploy properly. Frequently, the responsibility for an automobile accident does not rest with one single party.
In fact, there can be multiple factors which caused or contributed to a automobile accident. Among the most common contributing factor to a motor vehicle accident is the conduct of the injured person himself/herself- the plaintiff. In those situations, rather than deny the plaintiff in a car accident case any recovery, a jury is permitted to compare and apportion the negligence of the plaintiff against that of the defendant and adjust its damage award to the plaintiff according to the degree of comparative negligence of the plaintiff. Thus, if a jury finds the plaintiff 2. Under some situations, a jury can find that an injured party is 1.
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