New York motorists are involved in over 300,000 motor vehicle accidents
yearly in which over 100,000 injuries are suffered and over 1,000 fatalities
are experienced. Any number of these injuries may have been caused by
the negligence of a motorist.
Experienced Newburgh car accident attorneys have seen firsthand the devastating effects car accidents have on victims.
Victims may suffer from fractures, spinal injuries, head trauma, any of
which can be very significant, forcing people to face months of recovery.
Other serious injuries are amputated limbs, organ damage, and severe burns.
These injuries affect relatives as well, especially when a loved one has
passed as a result of his or her injuries.
The most significant thing for victims and families to realize is that
the damages caused by a negligent driver can be recovered by way of civil
litigation. Time is always of the essence in a civil suit because of various
statutes of limitation. Motor vehicle negligence cases carry a
three year time period within which a plaintiff must commence suit in order to avoid possible dismissal of the case.
We say “possible” because the statute of limitations is an
affirmative defense that which a defendant must assert in order for the
plaintiff’s case to be barred. Therefore, you should always consult
with an experienced attorney before thinking that you’ve waited
too long to commence suit.
The statute of limitations is an issue affecting all types of cases; but
there are other issues that are unique to car accident litigation. Most
important are the four elements that must be proved: the existence of
a duty, breach of that duty, proximate causation, and damages.
All motorists are under a duty to use reasonable care in the operation
of the vehicle so that foreseeable and preventable harm is not caused
to others. If another driver under similar circumstances would not have
done what the defendant is alleged to have done, then the duty may have
been breached. There are many ways for this duty to be breached.
drowsy driving, falling asleep at the wheel, driving under the influence of
drugs/alcohol, running a red light, stop sign, or failing to yield, as well as
texting or phoning while driving. Unreasonable operation given the weather conditions may also be negligence.
In addition to other motorists being liable, passengers may be liable as
well if their actions caused the accident. Roadway engineers who may have
improperly designed a road can be accountable for negligence as well;
so too can those persons who have improperly maintained a roadway. Improperly
designed and maintained roadways have been known to cause roll-over accidents,
and vehicles to careen off of bridges.
Are you interested in learning more about the various kinds of car accidents?
Find out more by reading ourlatest article posted on our website here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.