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Determining Liability In a Car Accident Case

When it comes to car accident matters, there are a number of different things that need to be considered after the incident. One of the most important things for the injured party to determine is how the other party can be considered liable for the damages.

In personal injury matters, determining liability is based on a few different factors. The law makes it so that there are roughly four different factors that the jury must consider when it comes to holding another party responsible for the accident.

First, it must be shown that the defendant in the case had a duty of care they must have provided to the plaintiff. In car accident matters, someone with a driver’s license automatically has a duty to care for the safety of all others on the road.

Second, it must be shown that the defendant acted in a manner that breached that duty of care. For instance, if a driver operates their vehicle while under the influence, this is considered an act of negligence and is a breach of the duty to care for the plaintiff.

Third, it must be shown that the breach of duty of care was the direct reason for the accident. In the same situation as above, if the intoxication caused impairment and resulted in the crash, this is one of the factors of liability.

Finally, it must be shown that the plaintiff suffered an injury because of the negligence-related accident. This does not include pre-existing damages, injuries that may have occurred long after the crash, and other situations that can forfeit an opportunity to file a claim.

At Levine and Wiss, we’re well aware of the methods needed to prove that a negligent party should be held liable for the damages that he or she causes. It’s important to pursue maximum compensation to cover physical, emotional, and property damage resulting from the accident.

If you’ve been significantly hurt due to someone else’s negligent actions, our New York car accident attorneys are here for you. Trust that we’ll always put your needs and best interests first.

Call us today at (888) 973-0344 to discuss your potential options.