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Proving Negligence in a Car Accident

The results of car accident cases often hinge on the ability of an attorney to prove negligence on the part of one of the parties involved in the accident. In car accident cases, negligence typically means driving in a reckless or careless manner.

There are certain standards of behavior on the road that drivers must uphold to avoid being considered negligent in an accident situation. These standards include:

  • Driving at an appropriate speed. This doesn’t necessarily mean simply driving the speed limit. Drivers must also take into account the weather conditions and visibility of the road, as well as the speed or amount of existing traffic on the road.
  • Maintaining constant vigilance. Drivers are expected to remain alert on the road at all times, keeping watch for other vehicles, pedestrians or potential hazards on the road. Failure to notice things like construction sites, school crossings and more could constitute negligence on the part of the driver.
  • Keeping control of the vehicle. Drivers are expected to be able to keep their vehicles under control so that they can stop quickly in emergency situations. Drivers may be considered negligent if they lose control without good reason.
  • Maintaining the safety of the vehicle. All drivers are expected to keep vehicles in good working order so they are safe to take out on the road. All lights, brakes and other important systems should be working properly. A driver operating a vehicle not deemed safe for the road is considered negligent.

After a serious auto accident in New York, seek the guidance of a skilled personal injury lawyer from Barasch McGarry Salzman & Penson to explore your options for pursuing monetary damages.

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