Car accidents can happen because of many causes, but one of the most common is a driver violating a traffic law. Among these, a rule that is often broken is the requirement of yielding at certain intersections, whether to other motor vehicles, bicycles, or pedestrians. If you have been hurt in an accident caused by a driver who failed to yield, you may be able to seek compensation from that negligent person.
For skilled and experienced legal representation, contact the office online or call our Queens attorneys at 718-441-5050 today.
Most traffic laws are in place for one reason: to protect the safety of all users of the road. Consequently, when a driver violates one of these rules, a collision is often the result, and the person who committed the violation may be liable for damages to any victim who was hurt. An ensuing legal action usually takes the form of a negligence lawsuit.
Elements of Negligence
Negligence is a specific type of legal claim that involves four elements.
- First, the defendant must have owed a duty of care to the victim.
- Second, the defendant must have breached that duty.
- Third, the breach must have caused an injury to the victim.
- Fourth, the victim must have incurred actual damages because of the injuries.
In the context of operating vehicles, all drivers have a duty to everyone around them to use a level of care necessary to avoid creating unnecessary risks of harm to others. This includes obeying all traffic laws and in general acting with the same precautions that a reasonable person would use behind the wheel in a given situation. Consequently, when an accident is caused by a driver who fails to yield the right-of-way, that individual may possibly be held liable for any of the costs and losses that directly resulted from it.
New York Comparative Fault Rule
Even if you cannot prove that a defendant driver is wholly at fault for causing a particular accident, it may still be possible to recover at least a reduced amount of damages. Under New York’s comparative fault rule, even if you bear some portion of responsibility for the collision in which you were hurt, you may be able to seek compensation in proportion to the defendant’s degree of responsibility.
Types of Damages You Can Recover
Damages can cover a broad spectrum of economic and non-economic costs and losses, ranging from
- Hospital bills
- Future medical expenses
- Property damage
- Lost wages
- Pain and suffering
- Emotional distress
Statute of Limitations
To assert your right to compensation, you must bring a claim within three years of the accident in which you were hurt. Otherwise, the statute of limitations probably will bar any recovery.
Drivers who harm others because of failing to yield the right of way or engaging in other forms of careless conduct should be held accountable. To explore your options after an accident in Queens, you can contact the lawyers at The Cassisi Law Firm. We may be able to help you pursue the compensation that you need to regroup financially, while you focus on physical healing.
To set up a free consultation, call today at 718-441-5050, or use the online form on this website.