How Do We Prove Negligence in a Car Accident Case? A Car Accident Lawyer in NYC Explains

In the aftermath of a car accident, as your medical bills and financial losses continue to pile up, your insurance settlement might not cover all your expenses. In such a situation, the next step would be to file a personal injury lawsuit and claim additional damages, and the success of your lawsuit largely depends on your ability to prove the other party’s negligence. What is negligence? And how do we prove it in a car accident case? These are the questions the team at Gabriel Law hopes to answer as we step into the shoes of your car accident lawyer in NYC.

What is negligence? 

In New York, a person is considered negligent when they, through action or inaction, fail to comply with the level of care that is expected by an ordinary and reasonable person. Essentially, the court, primarily through the jury, compares the defendant’s conduct to how a reasonable person would have acted in the same situation. If the court finds that the defendant’s actions do not meet the reasonable person standard, they would be considered negligent. Proving the defendant was negligent is a must if you want to hold them financially accountable for your damages in a personal injury lawsuit.

What are the legal elements of negligence?

When filing personal injury cases in New York, the plaintiff (i.e., the person filing the case) has the burden of proving the legal elements of negligence. The legal elements that must be shown by the plaintiff are as follows:

• Duty of care; 
• Breach of duty of care; 
• Causation; and 
• Damages 

Duty of Care 

First, you must establish that the party responsible for the accident was subject to a duty of care, a legal obligation to avoid committing an act or omission if the harm that it may cause to others can be reasonably foreseen. In terms of car accidents, all drivers in New York have a duty to obey all traffic laws and drive in a safe manner that guarantees the safety of fellow drivers, cyclists, and pedestrians.

Breach of duty of care

Once you’ve established the duty of care, the next step is to show that the at-fault party had breached said duty. In other words, the person failed to act in a manner that is expected by a reasonable person in that particular situation. In terms of car accidents, a breach of the duty of care can be established if the accident was the result of:

• Speeding
• Tailgating
• Distracted driving 
• Unsafe lane changes
• Driving under the influence
• Disregard for traffic signs and signals

Causation

After you’ve established the duty of care as well as the breach of duty, you must establish a connection between the breach of duty and the injuries you’ve sustained. The breach must either be the direct or proximate cause of the injuries. The idea behind establishing the causal link is to show that had it not been for the defendant’s breach of duty, you would not have suffered any injuries.

Damages

In personal injury law, "damages" is the term used to describe the financial compensation that is awarded to an individual to account for any losses that they’ve suffered due to the negligence of the other party. The damages are a means of holding the other party legally and financially accountable since the court cannot go back in time and remedy the situation.

In personal injury lawsuits, you are able to claim compensation for both economic and non-economic damages. Economic damages account for losses that have a set financial value, such as medical expenses, lost wages, and other personal care costs. On the other hand, non-economic damages cover losses that do not have a set financial value and thus, are determined on a case-by-case basis. These include pain and suffering, mental distress, loss of consortium, and loss of enjoyment of life.

How much time do you have to file a personal injury lawsuit? 

If you are planning on filing a personal injury lawsuit, know that the filing process must be completed before the deadline known as the statute of limitations. In New York, you must complete the filing of your personal injury lawsuit before the end of three years from the date of the accident. However, depending on the parties involved, the deadline can be subject to change.

Conclusion 

If you’ve been injured in a car accident in New York and are now looking to file a personal injury lawsuit, then having an experienced New York City auto accident attorney to represent you is a must. We at Gabriel Law believe that our team will have the lawyers for you. As a personal injury law firm in NYC, we have plenty of experience handling car accident cases, and we can help you as well. Call us to schedule your free consultation and take the first steps to a brighter post-accident future.