two cars in accident

How Is Auto Accident Negligence Determined in New York?

When you’re injured in a car accident, getting compensated for your injuries and other damages revolves around a concept called “negligence.”

Essentially, this term is used to describe a situation where a person acted negligently—that is, they did not act with the care and safety that they should have. When it comes to a car accident, the negligent driver would be considered the motorist that caused the accident by either doing something they should not have done or failing to do something that they should have done.

Duties Behind the Wheel

All drivers have certain responsibilities and legal duties when operating a car or any other type of motor vehicle. These duties encompass all actions that are necessary to prevent harming anyone on the road. Some examples include:

  • Driving at a reasonable speed

  • Remaining vigilant

  • Abiding by all traffic laws

  • Maintaining control of the vehicle

  • Using all car’s equipment

  • Eliminating distractions

  • Driving completely sober

Failing to meet any of these duties, for instance, could be considered negligence when a car accident occurs.

Proving Negligence in a Car Accident Claim

Your car accident attorney will have to show four elements when proving that the other driver acted negligently and is responsible for your damages:

  • Duty of Care. The driver had a responsibility to operate their vehicle with a certain standard of care necessary to prevent injuries.

  • Breach. The driver did not uphold this duty of care by acting how another person would have reasonably responded to the situation.

  • Causation. By failing to maintain this legal standard of care, the driver’s actions directly caused your accident.

  • Damages. Your accident led to damages, such as injuries or property damage.

If you’ve been injured in an accident due to another person’s negligent actions, you need seasoned legal representation. Injury victims should not have to pay out of pocket for medical expenses and other damages when someone else is responsible for their accident.

Our Long Island car accident attorneys are here to stand in your corner and fight for your maximum compensation to pay for:

  • Medical bills

  • Lost wages

  • Lost earning capacity

  • Pain and suffering

  • Emotional damages

  • Diminished quality of life

Contact The Odierno Law Firm at (631) 250-4212 to get started on your case.