When car accidents happen, the driver of the vehicle involved in the crash will usually be held responsible and be forced to pay the damages. However, car accidents are not always all this simple. The laws, as they are with most things, are complicated with car accidents as well. For example, how does insurance fit into everything? How do injury claims work? These are just a couple of the questions that can arise in a car accident case.
Source: Michael Dreishpoon, a criminal defense lawyer in Queens.
A duty is what each driver on the road owes to all of the other drivers on the road. For example, as soon as you step behind the wheel of your car and pull out onto the road, you have a duty to share that road with everyone else who uses it: other drivers, pedestrians, passengers, and cyclists.
In order to be charged with causing a car accident, you have to be charged with breaching your duty (more info on the right criminal defense lawyer here). The opposing party who is filing a lawsuit against you will want to prove that the accident was the result of your negligence. In order to determine if you breached your legal duty, your actions will be compared to what a reasonable driver would have done.
It will be determined that you were negligent if the jury decides you didn’t act as cautiously as how a normal driver would have; an example of how they can prove this is if you have ever been ticketed for a traffic violation. Another way they can prove you were not cautious enough is if the car accident led to the injury of a pedestrian or of another driver. While this is certainly not enough to prove that the driver was entirely responsible for the accident, it will prove that you were negligent and therefore contributed to the injuries sustained in the car accident case. If the driver were truly responsible for the accident, it would have to be proved that the injuries in the accident would not have happened had it not been for the driver’s negligence.
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