An automobile accident, otherwise known as a car accident, motor vehicle accident, or traffic collision occurs when a motor vehicle hits or bangs another vehicle, immobile object, animal or pedestrian.
Automobile accidents have serious repercussions, including injury, property damage, and death, all of which can be financially compensated. Under car accident law, when an individual is responsible for an automobile accident in the U.S., they may be legally responsible for injuries and damages that result from the accident. Damages include loss of wages, reimbursement of medical bills, and pain and suffering.
Car accident laws call attention to the legal rules that determine who is liable for the property and personal damage that are caused from a traffic accident. This subject of law includes the principles of negligence as it applies to car accident personal injuries cases. Car accident cases where negligence law applies are regulated mostly by state laws.
In order to receive court-awarded compensation, car accident victims in all states must prove the following essential four elements: duty, breach, causation, and harm. In addition, the plaintiff must also be able to demonstrate these elements as a whole related to his or her injuries.
To assist with proving his or her case, the plaintiff should make notes of as many of the details of the accident as possible, including the other driver's address, name, insurance, and license number. In addition, it is also important to note any statements made by the other driver. The accident victim should also write down the name of the police officer, and request copies of the police reports.
Recording devices, such as a smart phone, are a great way to record various details of the accident, such as road descriptions, weather conditions, traffic, and photographs of the motor vehicle. If possible, the victim should also use a video recorder to record the accident scene from various angles, including locations of traffic signs and crosswalks etc.
It is also important that the victim seeks medical attention immediately following the accident, even if there appears to be no prominent injuries. Sometimes car accident injuries do not become noticeable until later, at which time if they are not documented, they will become harder to prove, which means the victim may forfeit his or her right to be compensated for personal injuries.
Again, it is important to prove how each element of the defendant's actions worked together successively to cause your injuries in order to be awarded in court, which can be difficult to prove, especially under certain circumstances. A NYC Car Accident Attorney like Tom Valet is highly experienced in automobile accident cases and can provide the proper assistance needed to help strengthen your case. In the meantime, it is important to remain silent about who is to blame for the accident, as even a simple apology can be used as an admission in court.