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Cleveland Injury Attorney Discusses Automobile Accidents and Personal Injury Law – A Guide
By LaMesaDuiLawyer | February 23, 2010
It is common knowledge that whenever you are involved in an automobile accident on the road and you get injured by another person you have the right to file a personal injury suit against the other person who is responsible for the auto accident. This way you may be able to win a settlement or award for your injuries, as well as being able to recover any other damages due to the other party’s negligence. In a auto accident suit, your attorney must prove to the court that the other person is responsible for the accident involving your automobile, due to his inability to maintain a reasonable amount of care. As an example, maybe he did not 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 show that someone is legally liable for causing an accident with your automobile? What information do you need to deliver to the court? In order to show that the someone 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 carefulness and responsibility. Next, you must prove that the other person did not exercise this prescribed duty of action. You must then prove that the failure to maintain this reasonable duty of care was directly responsible for the automobile accident which led to the subsequent injuries.
If you can prove all of these facts in a court of law, you will then be able to win a financial award to compensate you for any damages to your body and personal property.
Standard of Care
Generally, an car accident lawsuit will depend on whether a someone chose the proper duty of care while operating their automobile. The law creates a certain duty of care while operating any automobile. In order to meet this duty of care, the driver must drive the automobile at an acceptable rate of speed. Additionally, the driver must keep the automobile under proper control. Finally, automobile must be aware of the entire situation and avoid any mistake or omission which can end up in an accident.
Third Party Causes
Under certain situations a court may not find the other person negligent, such as another truly caused the accident to happen. As an example, a motorcycle rider’s poor driving may have caused a collision with another motor vehicle, which led to a collision with the third motor vehicle. In this circumstance the driver in the motor vehicle 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 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 come up.
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