Motor Vehicle Accidents


People in the United States love their automobiles. However, even with the huge advancements made in both quality and technology, car accidents occur on a regular basis. Every year, thousands of victims are hurt or killed as a result of motor vehicle accidents. According to the National Center of Injury Prevention and Control, motor vehicle accidents are the leading cause of death in people ages 5-34 in the U.S. According to the National Highway Transportation and Safety Administration, there were 32,719 people killed in 2013 alone. These accidents are often caused by negligence of another, texting while driving, disobeying traffic laws or simple driver inattention.


Most car accidents come under a category of law called negligence. Negligence is defined as the failure to use reasonable care in performing an activity. The result is of this act (or sometimes failure to act), is damage to property or injury of another person. The legal test to determine if negligence is present is whether the party used or failed to use a degree of care that a reasonably prudent person would have used under the same circumstances. Driver distraction is also a major cause of car accidents. Unfortunately, these distractions are only increasing with the use of cell phones, video screens in cars, and fancy music sound systems. Picture someone texting while driving, putting on makeup, and operating their radio, all with a small child in the backseat. There isn’t much attention available for driving!


Defects in automobiles cause countless accidents every year. This can include lack of proper vehicle maintenance or a defect inherent in the car’s design. Defects can cause anything from an unexpected tire blow out, to a mechanical failure. In these instances, there may be multiple parties at fault. If this is the case, the courts will weigh the liability of each party and apportion the fault. This is known as comparative negligence. If you have been hurt in a traffic accident, you may be wondering who is at fault, and what your next steps should be. While the police on scene will conduct a preliminary investigation, it is important to remember that mistakes are often made. It is important to have a New York car accident lawyer working on your behalf to ensure that evidence is properly preserved and your legal rights are protected. Contact The Schlemmer Firm for a consultation at 212-390-8031 or toll free at 888-458-8500.


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