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 auto accident in traffic and you are hurt by another person you have the right to file a personal injury lawsuit against the other person who is responsible for the automobile accident. This way you may be able to gain a settlement or award for your injuries, as well as being able to recover any other damages as a result of the other driver’s negligence.  In a car accident suit, your attorney has to prove to the court that the other person is responsible for the accident involving your auto, 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 the accident with your auto?  What information do you need to deliver to the court?  In order to prove that the someone was negligent while operating a vehicle, you need to show a few things. First of all, you need to show that there is a legal duty to use your own care and responsibility.  Next, you must prove that the other individual did not exercise this prescribed duty of care. You must next show that the failure to maintain such a reasonable duty of care directly caused the auto accident which caused the later injuries.

If you are able to prove all of these facts in the court of law, you should then be able to win a financial award to compensate you for any injuries to your body and personal belongings.

Duty of Care
Usually, an motor vehicle accident lawsuit will depend on whether a someone exercised the proper duty of care while driving their auto. The law imposes a particular duty of care while operating any motor vehicle.  In order to meet this standard of care, the driver must operate the car at a reasonable rate of speed. Additionally, he should keep the auto under proper control.  Finally, auto must be aware of the entire situation and avoid any mistake or omission which could result in an accident.

Third Party Causes
Under certain circumstances the court may not find the other person negligent, such as a third party truly caused the accident to occur. For example, a motorcycle rider’s negligence may have caused a collision with another motor vehicle, which led to a collision with the third auto.  In this example the person in the car hit by the motorcycle may not be found negligent, even though 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 arise.