On average, there are approximately six million car accidents each year in the United States, according to the National Highway Traffic Safety Administration (NHTSA). When a car accident occurs, it can lead to a variety of damages for the victim and their family, including lost wages, expensive medical bills, vehicular damage, and pain and suffering.
Drivers have a duty of care to other motorists on the road. When a driver breaches this duty of care and it results in an accident, they can be held liable for any damages that result. A driver can breach this duty of care in many ways, including distracted driving, driver fatigue, impaired driving, and reckless driving. Victims should contact a lawyer to help recover their entitled compensation for damages from the accident.
When a person is behind the wheel, it is crucial that they stay cautious and focused on the road. When a motorist is focusing on something other than driving, they are driving while distracted. Distracted driving is more than just texting while driving. It also includes eating or drinking, having a lengthy discussion with a passenger, or grooming oneself while driving. Anything that takes the motorist’s eyes or mind off of driving is considered a distraction.
All drivers have a responsibility to their safety and the safety of those around them. When they choose to drive distracted, they are being negligent. If a car accident is caused by a distracted driver, the victim can take legal action against the at-fault motorist for any damages that result from the accident.
Driving Under the Influence
The NHTSA reported that alcohol is a factor in more than 40 percent of all car accident fatalities. Drugs and alcohol impair a person’s judgment, making it impossible to drive safely while under the influence. In fact, drugs and alcohol can affect one’s vision, reaction time, and decision-making skills; three important skills that are needed for safe driving.
All drivers have a duty of care to others on the road. Drivers who choose to drive while under the influence of drugs or alcohol breach this responsibility. This means that drivers under the influence of drugs and alcohol are liable for any accidents or injuries that result from their poor decision. Victims of drunk driving accidents should contact a lawyer to help recover damages.
When a motorist is too fatigued to drive safely, it is referred to as drowsy driving. Drowsy driving is just as dangerous as drunk driving. This is because a drowsy driver is impaired; they have a slower reaction time and have poorer decision-making skills. This impairment can ultimately lead to a car accident if the driver falls asleep.
Drivers are responsible for ensuring that they are well-rested enough to drive. If they are not, they must pull over until they have had enough rest to continue. If an accident results from drowsy driving, the negligent motorist can be held liable. Victims of drowsy driving accidents should contact a lawyer to explore their legal options.
Reckless and Aggressive Driving
All drivers are responsible for following traffic laws and posted speed limits. When a motorist ignores these traffic laws, they could be considered a reckless or aggressive driver. Reckless and aggressive driving are similar, however, what sets aggressive driving apart is that the driver is trying to scare or harass other drivers around them.
A few examples of aggressive driving include speeding and tailgating. A few examples of reckless driving include failure to use a turn signal or not stopping at a stop sign or red light. Reckless and aggressive driving are both illegal, and victims of either should contact a lawyer for legal assistance.
What Should I Do After a Collision?
Car accident victims should contact a lawyer after a collision happens. A car accident often leads to a variety of losses for the victim, including both financial and emotional losses. A lawyer can help a victim secure their entitled compensation for these losses.
To prevail in a legal case, the victim and their lawyer must prove that the other driver was either negligent or reckless. It is important to identify the difference between negligent driving and reckless driving. Negligent driving is when a driver fails to uphold their duty of care to others on the road by participating in dangerous activities, like distracted driving. Reckless driving, however, is when a motorist has a blatant disregard for another driver’s safety.
To prove that a driver was negligent, the victim must prove that the motorist had a duty of care that they breached, which ultimately led to the accident. All drivers have a duty of care to others on the road, therefore, the victim must prove how they breached this duty. A breach of this duty may include distracted, drowsy, or impaired driving. After the breach has been identified, the victim must prove that the breach led to the injuries or damages. They can show evidence of medical bills, lost wages, and other financial losses to help prove this.
To prove that a driver was reckless, the victim must prove that the driver had a blatant disregard for their safety while behind the wheel. A victim can prove that another driver had a blatant disregard for their safety by showing that they had a conscious disregard for the danger they created, despite the substantial risks of property damage and personal injury. For more information about a potential case, a car accident victim should contact a lawyer.
Highland Park Car Accident Lawyers at the Law Offices of Harold J. Gerr Help Car Accident Victims Find Justice
Car accidents happen for many reasons. If you were recently injured in a collision, the Highland Park car accident lawyers at the Law Offices of Harold J. Gerr can help. Car accidents often result in damages, including medical bills, lost wages, and vehicular damage. Our legal team works hard to protect the rights of their clients. Contact us online or call us at 732-249-4600 to schedule a free consultation. We have an office located in Highland Park, New Jersey, and we proudly serve clients throughout New Brunswick, Somerset, Piscataway, Edison, South River, Sayreville, Metuchen, East Brunswick, South Plainfield, Fords, Middlesex, Old Bridge, Iselin, Bound Brook, Perth Amboy, Colonia, Elizabeth, and Newark.