A traffic accident, also known as car accident, auto accident, or a road traffic accident, happens when a car collides with another vehicle, human, animal, vehicle, or object, like a bicycle, sidewalk, tree, lamp post, etc. The laws regarding traffic accidents differ from state to state. But the most common elements associated with traffic accidents are negligence and speed (the supreme reason for traffic accidents). Negligence, which can be defined as exercising poor judgment or inability to foresee a risk, is considered as the first element of a traffic accident.
Negligence on the part of the driver and/or his/her organization, if not negligent enough, are the second element of this crime. And then, the element of speed, if any, is taken into consideration. According to statistics, most car accident victims are either partially or completely innocent. It is important to note that the most common reasons for these accidents are alcohol and/or drugs. Therefore, it is best to stay away from such locations at night, if you are having a drink, if you are in a car, and even if you are in a school or an office.
New York’s No-Fault System: One of the most common causes of a car accident is a no-fault system. In this system, personal injuries are deemed to be the fault of the individual who caused the accident; whereas, the person who suffered injury because of the other driver’s negligence, is liable to pay for the medical treatment and rehabilitation cost. There are certain limitations of the No-Fault System. First, only personal injuries caused to a third party by the gross negligence of the person who caused the accident are covered. Second, the injured person must prove that the other party was negligent and should have reasonably foreseen the danger presented by the conduct of the other party.
Faulty Equipment: All drivers are required to use the approved safety equipment while driving. However, there are still some circumstances when faulty or substandard equipment may cause a car accident. In these cases, the individual whose fault the equipment was defective, is not responsible to the other driver. However, the insurance company of the other driver may sue the manufacturer of the faulty equipment, if they are responsible for the injury.
Collision Defects: Every car has a certain amount of potential risk when it comes to crashing. This is because every car has the same basic structure, with similar components. Some experts believe that the lack of seat belts on rear-end collisions increases the risk of crashes, especially in high-speed chases. Others believe that passenger side collisions can also be responsible for the majority of car accident fatalities. Although both of these crashes are often unavoidable, some car accident safety advocates believe that the lack of seat belts and proper vehicle tracking systems can increase the chances of both of these types of crashes.
If you were injured in a car accident in New York, no matter who was at fault, you have the right to seek damages to compensate you for your injuries and loss. This no-fault system allows you to seek damages from the person or company that caused your injuries through negligence. If you are unsure whether or not you may qualify for a no-fault system in your state, you should contact an experienced personal injury lawyer to assist you. These lawyers will know whether your state has a no-fault system and which damages you can seek from a negligent party. If you are unable to pursue a no-fault system, you may be able to file a negligence claim against the at-fault driver.