Bronx Mazda Accident
Mazda sedans and SUVs are among the most popular in New York and across the country. It is not surprising that many car accidents in New York involve Mazdas. Whether the car accident involves a Mazda or some other type of car, SUV or truck, it is likely that the accident was caused by negligence. Negligent driving can refer to a variety of different things. For example, speeding, running through a stop sign, or tailgating are all types of reckless driving. If driver texts while driving or drives while drunk, then that driver would have been negligent. According to statistics issued by the federal government, negligence is the leading cause of vehicle accidents that result in victims suffering serious injuries. For example, a victim of a car accident may suffer a severe blow to the head resulting in a traumatic brain injury such as a serious concussion. In other cases a victim may suffer broken bones or a back or spinal cord injury. These types of injuries involve long recovery times, with the victim being unable to work for weeks or even months. However, under New York law victims of Mazda car accidents are allowed to seek compensation from the person whose negligence resulted in the accident. If you are in need of a New York Injury Lawyer because you or a family member were injured in a car accident caused by the negligence of another person, it is important to contact an experienced Bronx Mazda Car Accident Lawyer who will help ensure that the person responsible for your losses is held accountable through a personal injury or wrongful death lawsuit.Elements of a negligence claim
In order to show that a driver was negligent, you must show the following:
- The defendant had a duty of care. New York law requires drivers to operate their vehicles in a prudent manner in order to avoid putting others at risk. Thus, when a driver gets behind the wheel and drives his or her car, the driver owes you and all other drivers and pedestrians a duty of care.
- The defendant breached his duty of care. In other words, the driver was not careful. To show that the driver was not careful, you must prove that the driver's behavior was not reasonable. Violating a traffic law is evidence of breaching a duty of care. Thus, if a driver failed to stop at a red light, made an illegal lane change, or tailgated, then that is evidence that the driver behaved negligently.
- You suffered injuries. In order to have a valid negligence claim following a car accident, you must show that you suffered an injury and that the injury was caused by the accident.
- You suffered losses. Just because you were in a car accident caused by another person's negligence does not necessarily mean that you are entitled to damages. Not only must you have suffered some sort of injury (or property damage), you must be able to prove that you suffered a loss.
If the negligence of another driver caused the car accident that resulted in your injuries, the types of compensation that you may be able to recover include:
- Medical expenses. The person responsible for the accident that caused your injuries may be required to pay for your medical expenses. This would include medical bills you accumulated prior to filing your claim as well as future medical expenses related to the treatment of your injury.
- Lost wages. Even a relatively minor accident may cause you to miss time at work. The person responsible may be required to pay the wages you lost. If you end up using earned sick days or vacation days, you may be entitled to receive compensation for those days. Furthermore, if as a result of your injury your earning potential declined, you may be able to recover damages for loss of future earning capacity.
- Pain and suffering. Another potential source of damages that you may be entitled to receive is pain and suffering. In the context of a personal injury claim, pain and suffering refers to physical pain as well as emotional distress.
- Wrongful death. If a loved was killed in the car accident, you may be able to pursue damages through a wrongful death action.
Even if you believe you liability is clear in your car accident, personal injury claims stemming from vehicle accidents are almost always complicated. It is important that you are represented by someone who understands New York personal injury law, evidentiary issues related to car accidents, and who can interpret medical records of accident victims. The staff at Stephen Bilkis and Associates has years of experience successfully representing victims of car accidents, truck accidents, SUV accidents and other types of accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your car accident.