An auto accident occurs when one driver hits another driver. It doesn’t matter if the whether the accident occurred in Babylon, New York. It does matter if there was property damage and if someone was injured. The person injured must be someone other than the individual who caused the accident. The reason why an auto accident becomes a personal injury claim is because of negligence. Negligence is the foundation of any personal injury accident.
What is Negligence in a Babylon Car Accident?
Negligence occurs when one person acts carelessly. The carelessness act can be direct or indirect. An indirect action means that somehow the person contributed to the accident but didn’t do anything directly to cause it. Negligence also includes the failure to act as a reasonable person would in the same or similar circumstance. The person’s actions or inaction causes an accident that caused harm to an individual.
For example, a driver ran a red light. This is a careless action. A reasonable driver would have stopped at a red light. This means the driver who ran the red light failed to act as a reasonable driver would have in the same situation. The driver’s action, running a red light, also caused another driver’s injuries. This increases the driver’s failure to do the right thing to negligence.
Negligence is Proven in Four Steps in a Car Accident
A car accident case can be settled in two ways: settlement or trial. A settlement occurs when both parties agree to settle out of court. This means the at-fault driver, or their insurance company pays the victim money for dropping the lawsuit. A car accident injury lawyer babylon ny represents injured driver in both instances.
If the case goes to court, a lawyer will prove the other driver was at fault for the car accident in four steps. First, the lawyer will show the other driver had a legal duty to protect the plaintiff from harm. This is a legal duty that is implied. This means that every driver who operates a motor vehicle non-verbally agrees to operate a motor vehicle without injuring anyone.
The next step is to show the driver breached their legal duty by causing the accident. This means the driver actions rose to negligence. However, that doesn’t mean the at-fault driver caused the driver’s injuries. The next step connects the driver’s carelessness with the plaintiff’s injuries. The last step is to prove damages such as medical bills and lost wages.
Contact a Babylon, New York Lawyer about a Car Accident Lawsuit
In Babylon, a person injured in a car accident has the right to sue the at-fault party. The at-fault party, if found responsible must pay for damages they caused. Damages may vary. However, they often include car damage, lost wages and medical bills. A car accident is a very complicated matter to resolve because of insurance claims and possible lawsuits. Talk to a car accident lawyer to learn more about resolving the claim and getting compensation.