Cleveland Injury Attorney Discusses Auto Accidents and Personal Injury Law – What You Need to Know
Posted on: February 21, 2010 by: adminIt is common knowledge that whenever you are involved in an motor vehicle accident on the road and you are injured by another individual you have the right to file a negligence lawsuit against the other person who is responsible for the motor vehicle accident. That way you may be able to obtain a settlement or award for your injuries, in addition to being able to recover any other damages due to the other party’s negligence. In a motor vehicle accident lawsuit, your lawyer has to prove to the court that the other party is responsible for the accident involving your motor vehicle, due to his failure to maintain a reasonable amount of care. As an example, maybe he failed to pay attention on the road due to his negligence, lack of concentration, or even being under the influence of alcohol or drugs.
How do you prove that a person is legally liable for creating an accident with your motor vehicle? What information do you need to show to the court? In order to show that the person was negligent while driving, you need to show a few things. First of all, you need to show that there may be a legal responsibility to use your own care and responsibility. Next, you must show that the other party did not exercise this normal duty of action. You must next show that a failure to maintain such a normal duty of care directly caused the car accident which led to the subsequent injuries.
If you can prove all of these facts in the court of law, you can then be able to recover a cash award to compensate you for any injuries to your body or personal property.
Standard of Care
Generally, an automobile accident lawsuit will depend on whether a an individual exercised the proper duty of care while driving their car. The law imposes a particular standard of care while driving any motor vehicle. In order to meet this standard of care, the driver must drive the automobile at an acceptable rate of speed. Additionally, the operator should keep the motor vehicle under proper control. Finally, car must be aware of the complete situation and avoid any action or omission which can end up in an accident.
Third Party Causes
Under certain situations the court may not find the other person to be negligent, such as another actually caused the accident to occur. As an example, a motorcycle rider’s mistake may have caused a collision with another car, which led to a collision with the third car. In this instance the person in the auto hit by the motorcycle may not be found negligent, even though he was involved in an accident with the second vehicle.
Cleveland injury attorney Harry Bernstein has been representing victims of negligence for many years. As an long time Cleveland injury attorney he is dedicated developing a long term relationship with his clients to help resolve any legal situations that may arise.
