Establishing liability in Westchester car accident cases can be difficult. There are often many factors influencing each collision that impact liability. While some car accidents may appear to be similar, the process of identifying a liable party could be different.
Someone who has experienced a collision may want to reach out to a knowledgeable car wreck attorney. They could help evaluate your traffic incident and potentially work to determine liability. If you choose to pursue a claim or file a lawsuit, obtaining the legal services of a seasoned lawyer who understands car accident cases in Westchester could be beneficial during court proceedings. Schedule a legal consultation today and begin researching potential legal options.
Common Causes of Car Accidents
One of the most common causes of car accidents in Westchester is when a driver violates the rules of the road. These infractions may include:
- Exceeding the speed limit
- Disregarding traffic light signals
- Failing to yield
- Running stop signs
- Driving while intoxicated or impaired
- Driving distracted or while using a cell phone
When a driver violates traffic rules and their action’s cause an accident, they could possibly be held liable in court. However, a for a claimant to establish liability in Westchester car accident cases, they typically need to demonstrate that the accused individual owed them a duty of care and breached that duty. Additionally, they generally must also show how the negligent actions were the exact and proximate cause of their injuries.
Impact of Comparative Negligence
Westchester falls under comparative negligence jurisdiction. This often means that a person who files the claim must be less than 50 percent negligent in the accident to collect damages in a successful case. Generally and according to the rules of comparative negligence, the injured person may only collect the percentage of damages proportionate to the fault of the other driver. For example, if the other driver is 75 percent at fault and the injured person is 25 percent at fault, the injured person could collect only 75 percent of the total damages. Additionally, the first $50,000 of basic economic loss is covered by no-fault and is not offset by comparative negligence. The damages in the lawsuit are typically for pain and suffering and bodily injury which may extend outside of the no-fault benefits coverage area.
Potential Steps Following an Accident
After a car accident, a person should typically contact law enforcement and report the incident along with requesting medical assistance. Depending on injuries, a person may want to document the accident by photographing the scene, the vehicles and potentially recording contact information from other parties the may have been involved. Obtaining this information along with a police report and injury documentation from a physician could help a person determine liability in their Westchester car accident case.
Contact an Experienced Injury Attorney
Before proceeding to court alone, schedule a meeting with an accomplished injury lawyer who understands the process of establishing liability in Westchester car accident cases. Our attorneys at Tomkiel & Tomkiel should help explain the process and the way different factors may influence your case. The legal system in Westchester can be a confusing place and a person without a law degree may struggle to succeed in court. Call today and let an injury attorney review your case.