Causes of Car Accidents

White Plains Attorneys to Fight for Car Accident Victims

After a car accident that results in serious injuries, you may find yourself uncertain about how you’ll pay your medical bills and take time off work to recuperate. Many individuals and families do not have enough saved in case of catastrophic injuries. If you believe that another driver’s conduct was the cause of a car accident in which you were injured, you should consult an experienced White Plains car accident lawyer. Mark A. Siesel is a litigator with more than 35 years of experience advocating for clients in the courtroom.

Causes of Car Accidents

After a car accident, accident victims in New York need to turn to their own personal injury protection (PIP) coverage. However, if you have serious injuries, you may be able to sue an at-fault party for damages. Most car accident lawsuits are pursued under a theory of negligence. In order to establish that a car accident was caused by another driver’s negligence, our lawyers will need to prove: (1) the defendant was obliged to use reasonable care, (2) it failed to use reasonable care, (3) causation, and (4) actual damages. All drivers of cars owe a duty to use reasonable care while operating their cars. Unfortunately, many car accidents are caused by negligent acts such as distracted driving, speeding, driving under the influence, reckless or aggressive driving, and failure to obey traffic signs and signals.

Distracted or Fatigued Driving

Many White Plains accidents are the result of distracted driving. Drivers may be distracted by calls on their cell phones, texts, children in the backseat, another collision on the road, or a wild animal. Sometimes both drivers involved in an accident are distracted and their negligence combines to cause a collision. When you sue for damages, insurance companies for the other party may look for ways in which you were also distracted and partially to blame. Your damages can be reduced under the doctrine of comparative negligence, so it’s wise to consult a lawyer who has your interests in mind before talking to the other side’s insurer.

Speeding

Speeding is a common cause of accidents. In some cases, a car driving the posted limit is still speeding for purposes of winter weather or slowed traffic. A car going too fast for traffic or weather conditions may travel for a significant distance before coming to a complete stop. In that situation, a driver who is tailgating another car is likely to cause a rear-end collision.

Driving Under the Influence

In spite of significant public safety campaigns, drunk driving and driving under the influence of drugs remain causes of car accidents. When a driver causes an accident while he is under the influence, it may be important to look at whether there is dram shop liability, in addition to personal liability. Moreover, some drunk driving accidents are also hit and run accidents. These can trigger complicated legal issues in which accident victims are placed in an adversarial position with their own insurance company in an uninsured motorist claim. Typically, car accidents are the result of negligence, and only compensatory damages are available, but in the case of drunk driving accidents, you may also be able to recover punitive damages.

Reckless or Aggressive Driving

Drivers are supposed to drive defensively to take care not to injure others with whom they share the road. Unfortunately, some drivers wind up with road rage, acting or gesturing in aggressive, incendiary ways. These can lead to significant collisions and catastrophic injuries. For example, if another driver purposely cut you off to teach you a lesson, such that you were injured in an accident, he could be liable for aggressive driving.

Failure to Obey Traffic Signals and Signs

Drivers in White Plains are expected to obey traffic signs and signals such as traffic lights, stop signs, yield signs, speed limits, wrong-way signs, and more. When a driver fails to abide by these signs and signals, the failure is likely to be construed by a jury as negligence. For example, if another driver T-boned you because he failed to yield as required by signs at an intersection, you may have a claim for damages.

Consult an Experienced White Plains Car Crash Law Firm

The cause of your car accident will affect whether you are able to recover damages from another driver or entity. You should call seasoned White Plains car accident attorney Mark A. Siesel. Mr. Siesel originally represented defendants until the mid-1990s, but for the last 25 years has represented injured victims of accidents. Understanding how insurance companies think and defend cases gives him a major advantage over most attorneys. He represents clients in Brooklyn, Queens, and the Bronx, along with Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, Bronx, and Ulster Counties. Please contact us at (914) 428-7386 or complete our online form.