Whenever a car accident occurs it is necessary to determine which party is responsible for the accident or in other words who caused it. This in turn is determined by an analysis of the circumstances that led to the accident, as also allocate fault to the concerned drivers.
Liability and negligence are the two factors that is considered when determining who is responsible for the accident. Your New York accident lawyer will help you with this determination. One of the best in the industry is http://jaroslawiczandjaros.com/ or Jaroslawicz & Jaros. If you want or need a fantastic accident lawyer, this is the law firm and the lawyers, respectively, you should call.
If you happen to get involved in a car accident and want to seek compensation, the first thing to do is to determine which of the concerned parties is/are liable for the accident. This is determined by federal, state, and local laws.
Negligence is when a party refrains from taking reasonable measures to guard those who visit their premises or get into contact with them. This signifies that there was no intention to do harm, but an accident happened owing to the careless action of someone or neglect in doing the right thing or duty of reasonable care.
Duty of Reasonable Care
Reasonable care indicates actions that ought to be reasonably taken in order to keep away from harming another individual. Reasonable care as to driving is as follows:
- Watching the road while driving
- Driving, without exceeding the prescribed speed limit
- Refraining from distractions, like texting while driving
- Stopping at stop signs and red lights
- Maintaining the vehicle in decent condition
- Yielding when the occasion demands it
Negligence happens whenever the driver fails to act in a reasonable manner you may not need a New York accident lawyer to help you with this aspect.
Liability is a lawful responsibility to do the right thing under the circumstances, like paying for damages if any, in a car accident in which a person is at fault. Negligence is when you failed to care or take responsibility in a situation, such as running a red light as you drive along the road. If it was found that you were negligent, you are be liable to pay for any accident related damages.
Negligence is of two kinds, comparative and contributory:
According to New York accident attorneys, comparative negligence is when both of the parties were at fault to some extent. In such a case, the judge can hold both parties liable for a part of the damages. However, it must be kept in mind that states laws can vary in the case of comparative negligence. In certain states, you might not be granted any compensation, in case you were at fault for 50 percent or more. You can check this with your auto insurance company.
In the case of contributory negligence, the plaintiff is totally excluded from receiving any kind of compensation, if he or she was found to be at fault. This applies even when the opposing part was much more at fault. Several states have done away with contributory negligence, and determine cases solely by means of the comparative negligence model.
In case you are involved in a car accident and feel that you do have a claim, contact an astute and high octane New York accident lawyer immediately. Every state has its own law concerning negligence claims. Only stellar and poignant legal help can guide you through the confusing process of claiming compensation. This is where and how Jaroslawicz & Jaros can be your legal savior. They can be seen and reached right here.