Car Accident Laws

We encounter car accidents every day. While we do our best to keep ourselves safe on the road, sometimes our efforts are not enough. Car accidents can be terrifying experiences. Often, at least some of the people involved are injured, sometimes severely, and the automobiles that crashed are damaged.

Car accident law is a combination of traffic and personal injury law. These laws refer to the legal rules that determine who is responsible for the personal and property damage resulting from a traffic accident. This area of the law consists of the principles of negligence, as applied to this particular category of personal injury cases. Like other cases in which negligence law applies, car accident litigation is governed almost entirely by state law.

Someone who is injured in an auto accident can hire an attorney who will negotiate with the other drivers to determine who should pay for the damage, and if necessary, the attorney will file a lawsuit. The courts will piece together exactly what happened using police reports, photos, and other evidence, and then use the local traffic laws as well as legal concepts such as to determine who caused the accident. Whoever is at fault usually has to compensate the other party for medical and property expenses, as well as for harm such as lost wages and pain and suffering.

In car accident cases, the plaintiff must prove the defendant was operating his vehicle improperly, which caused trauma or injuries. It can be done through medical testimony demonstrating the injuries are consistent with the nature of the crash, and that they did not exist beforehand.

When you are involved in an accident as the result of another driver’s negligence, you may be entitled to take legal action to recover your damages. If you have been the victim of someone else’s negligence on the road, it is important to contact an experienced auto accident attorney as soon as possible.

What happens in a moment can affect the rest of your life. Contacting an attorney soon after your accident will provide you with access to the information and legal representation you need as you deal with insurance companies and the after math of a car accident.

Thomas Elliott

Education: Brooklyn Law School, Brooklyn, New York. Pace University, White Plains, New York.
Professional Associations and Memberships: American Bar Association, New York State Bar, The Association of the Bar of the City of New York, Brooklyn Bar Association, National Academy of Elder Law Attorneys (NAELA).

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