Traffic is one of the top causes of accidents in the United States, and can result in injuries to drivers and their passengers. The injuries suffered in a traffic accident can range from minor cuts and bruises to major injuries such as fractures, amputations, and in some cases death. The injuries suffered in traffic accidents can have devastating consequences and force victims to miss extended time at work, face high medical bills which may not be covered by insurance, and in some cases can leave individuals in constant pain for the rest of their lives. Fortunately victims who have suffered any of the aforementioned hardships may be able to recover compensation for any damages they've suffered by filing a traffic accident lawsuit.Who Can File a Lawsuit for Traffic Injuries?
In order to have grounds for a traffic accident lawsuit, the victim must be able to prove that the driver who caused the accident acted negligently, violating their duty of care to drive safely and responsibly. A duty of care is the legal obligation that drivers have to act with a certain degree of caution when operating a vehicle. When a driver violates their duty of care and causes an accident, they may be found liable for any injuries that occur. The following may constitute a violation of a driver's duty of care:
- Reckless driving
- Illegally changing lanes
- Driving under the influence of alcohol
- Driving while on drugs
A violation of duty of care is not in and of itself grounds for a lawsuit. Victims of traffic accidents must also be able to prove that the negligent driver's actions were the direct cause of their injury. For instance, an individual injured in a traffic accident does not have grounds for a lawsuit if the driver responsible for the accident was driving under the influence, but the victim caused the accident. The negligent party must have been the direct cause of the accident and the injury. In addition to proving causation, victims must also be able to prove that they suffered damages due to the accident.
The victim must be able to show that they suffered damages resulting from their accident to have a valid lawsuit. Damages suffered in a traffic accident can be either economic or non-economic. Economic damages are any kind of monetary loss caused by the accident, such as lost wages, medical bills, or property damages. Non-economic damages are considered long term pain and suffering, emotional trauma, or loss of life's enjoyment.Victims of Traffic Accidents Should Seek the Counsel of an Attorney
If you or someone you love has suffered an injury in a traffic accident, do not hesitate to seek the counsel of an experienced personal injury lawyer. At Queller, Fisher, Washor, Fuchs & Kool, our New York car accident attorneys have decades of combined experience defending the rights of traffic accident victims. We realize how difficult life can be following an unnecessary injury suffered in a car accident. As a result we always pursue maximum compensation for our clients to help get their lives back on the right track. Call 212.406.1700 or contact us online to see how our attorneys may be able to help you.