Cleveland Injury Attorney Discusses Auto Accidents and Personal Injury Law – What You Need to Know
It is very well known that whenever you are involved in an automobile accident in traffic and you are hurt by another person you have the right to file a negligence suit against the other person who is responsible for the motor vehicle accident. This way you may be able to win a settlement or award for your pain and suffering, in addition to being able to recover any other damages due to the other party's negligence. In a auto accident action, your lawyer has to prove to the court that the other person is responsible for the accident involving your motor vehicle, due to his failure to maintain a reasonable amount of care. For 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 causing the accident with your auto? What documents do you need to show to the court? In order to prove that the another was negligent while operating a vehicle, you need to prove a few things. First of all, you must show that there is a legal responsibility to use your own care and judgment. Next, you must show that the other person did not exercise this normal duty of care. You must next show that the failure to maintain this normal duty of care was directly responsible for the car accident which caused the subsequent injuries.
If you are able to prove all of these factors in the court of law, you can then be able to win a financial award to compensate you for any injuries to your body and personal property.
Standard of Care
Generally, an car accident lawsuit will depend on whether a person exercised the proper duty of care while driving their motor vehicle. The law creates a particular duty of care while operating any auto. In order to meet this duty of care, the driver must operate the motor vehicle at a reasonable rate of speed. In addition, he should keep the motor vehicle under proper control. Finally, auto should be aware of the complete situation and avoid any action or omission which can result in an accident.
Intervening Causes
Under certain situations a court may not find the other person to be negligent, as when another really caused the accident to happen. As an example, a motorcyclist's mistake may have caused an accident with another car, which caused a collision with a third auto. In this example the person in the automobile hit by the motorcycle may not be found negligent, although he was involved in an accident with the second vehicle.
Cleveland injury attorney Harry Bernstein has been a strong advocate of victims of negligence for many years. As an experienced Cleveland injury attorney he is dedicated developing a long term relationship with his clients to help resolve any legal situations that may arise.
