Motor vehicle collisions, and particularly highway accidents, often result in serious, life-threatening injuries. If you or a loved one has been hurt as a result of another driver’s negligence in Queens or the surrounding area, the dedicated car accident lawyers at The Cassisi Law Firm can help you seek compensation for the harm that you have endured. The firm has over three decades of experience advocating on behalf of crash victims and can investigate the details of your case so that you understand your options.
For your FREE initial consultation with our highway accident attorneys in Queens, complete the online contact form or dial 718-441-5050 today.
Highway accidents pose an elevated threat because the vehicles are typically traveling at a high rate of speed. This increases the risk of a crash and often results in a more serious collision. Many highway accidents result from drivers exhibiting reckless or careless behavior, such as speeding or driving distractedly. When a person causes an accident because of his or her negligence, the victim may aim to hold that negligent individual accountable in a personal injury lawsuit.
Negligence is usually demonstrated by showing the following elements:
- First, the defendant driver must have owed the plaintiff a duty of care.
- Next, the defendant must have breached or violated this duty. This breach must also have caused the accident in which the victim was hurt.
- Finally, the victim must have suffered quantifiable damages as a result.
Duty of Care
When operating a vehicle, all drivers must avoid causing unnecessary risks of harm to others. Drivers owe one another a duty to drive responsibly and to follow applicable traffic rules. They are expected to act with as much care as a reasonable person in a similar situation. For example, a reasonable person would not be expected to run a red light or drive while texting or intoxicated.
Breach of Duty
Next, the plaintiff would be required to show that his or her injuries were a direct and foreseeable result of the breach of duty. This causal link requires that the accident would not have happened if the defendant had met the standard of reasonable care.
Finally, determining damages in a negligence claim may account for both economic, objective and non-economic, relatively subjective costs and losses. Economic damages typically include medical costs, lost income, the costs of future treatment, and repairs to a vehicle. Non-economic damages tend to cover items such as pain and suffering, as well as disfigurement. Family members of a victim who died in a tragically fatal collision may be able to pursue different types of damages through a wrongful death action.
Statute of Limitations
Victims of car accidents should know that it is important to abide by New York’s statute of limitations for negligence claims. The plaintiff in a personal injury lawsuit generally must file his or her case within three years of the crash. Otherwise, a court likely would find that the right to compensation is barred.
People who have been involved in a serious motor vehicle collision can enlist the experienced Queens attorney at The Cassisi Law Firm for guidance on how to assert their rights.
Contact the office to schedule a free initial consultation by using the online form or calling 718-441-5050.