Understanding the Role of Negligence In A Car Accident Claim

Understanding the Role of Negligence In A Car Accident Claim
Calendar icon January 31, 2024

Car accidents can happen even when you least expect them, and the resulting injuries can last a lifetime. Understanding the role of negligence in car accident claims is crucial for anyone who has been involved in a collision. If you choose to seek compensation for damages you sustained, it’s important to know how negligence is determined. 

What is Negligence in the Context of a Car Accident?

Negligence is a legal term that refers to the failure to take reasonable care to avoid causing injury or loss to another person. In the realm of car accidents, a driver is negligent when he or she fails to act with the level of care that a reasonable person would exhibit under similar circumstances. Common examples of negligent behavior include speeding, running a red light, not signaling when turning, and engaging in distracted driving behaviors.

Negligence plays a central role in personal injury claims because it determines liability – in other words, who is at fault for the accident. To successfully claim compensation, the injured party, known as the plaintiff, must prove that another party’s negligence directly caused their injuries.

Key Elements of Negligence in Car Accidents

To establish negligence in a car accident claim, four crucial elements must be proven:

Duty of Care 

The defendant must have owed a duty of care to the plaintiff. Behind the wheel, all drivers have a basic duty of care to other road users to drive safely and follow posted traffic laws.

Breach of Duty

The defendant breached that duty of care through their actions or inactions. This breach can be anything that a reasonable person would not have done under similar circumstances.


There must be a direct link between the defendant’s breach of duty and the accident that caused the injuries. Essentially, it must be proven that the accident would not have occurred if it weren’t for the defendant’s negligent behavior.


The plaintiff must have suffered damages, such as bodily injury or property damage, as a result of the accident.

Collecting Evidence to Prove Negligence

After a car accident, collecting evidence is key to demonstrating negligence. The evidence will be used to build a compelling case that demonstrates the other party’s fault. Crucial pieces of evidence include:

Police reports: These reports are created at the scene of the accident and contain the responding officer’s observations. A police report may indicate which party the responding officer believes was at fault.

Witness statements: Passengers, bystanders or other drivers who saw the accident can provide an objective account of what happened. It’s important to get witness statements as soon as possible to get an accurate account of the accident.

Photos and videos: Images of the scene, including road conditions, traffic signs, and vehicle damage, can help insurance adjusters and attorneys reconstruct the accident to better determine fault. 

Medical records: Even if you do not feel injured at the time of the accident, seeking medical attention is important. Your medical records will document the extent of medical care you needed and the injuries you sustained.

Expert opinions: Accident reconstruction experts or medical professionals can provide insights into how the accident occurred and the nature of your injuries. Working with an established law firm can make these resources more accessible if you have a particularly complex case.

Comparative Negligence and How It Affects Your Claim

Many states, including New York, follow the rule of comparative negligence. This rule means that if both parties were partially at fault, the compensation awarded to the injured party is reduced by their percentage of fault. For example, if you are found to be 20% responsible for the accident, your compensation would be reduced by 20%.

Dealing With Insurance Companies and Negotiating Settlements

Insurance companies, although necessary, are often more concerned with protecting their profits than providing fair compensation to victims. Adjusters may attempt to downplay the severity of your injuries or argue that you were at fault to reduce the payout.

Negotiating with insurance companies can be a frustrating process. It’s important to remember that their initial settlement offer may not reflect the true value of your claim. You are not obligated to accept an offer, and it’s often advisable to consult with a legal professional before making any agreements.

Seeking Legal Aid with Your Car Accident Claim

Car accident claims can be complex, and the stakes are high when you’re dealing with the aftermath of an accident, from mounting medical bills to lost wages. An experienced personal injury attorney can provide invaluable assistance.

A lawyer will:

  • Investigate the accident thoroughly
  • Gather and analyze evidence
  • Consult with medical professionals and accident reconstruction experts
  • Handle all communications with insurance companies
  • Ensure all necessary deadlines are met
  • Negotiate settlements or take your case to trial if necessary

By enlisting the help of a seasoned personal injury attorney, you can focus on your recovery rather than the intricacies of a legal battle.

Understanding Statutes of Limitations

Every state has a statute of limitations, a law that sets a deadline for filing a lawsuit. In New York, the statute of limitations for personal injury claims is typically three years from the date of the accident (although shorter deadlines apply for certain defendants like municipalities). Failing to file a claim within the applicable timeframe can result in losing your right to sue for damages. This makes it imperative to start the legal process as soon as possible after a car accident.

Common Pitfalls to Avoid in Car Accident Claims

Claimants often make mistakes that can jeopardize their car accident claims. Some common pitfalls include:

  • Admitting fault or apologizing at the accident scene
  • Failing to seek immediate medical attention
  • Not following up with medical treatment as advised by a doctor
  • Giving a recorded statement to an insurance company without legal advice
  • Accepting a quick settlement before understanding the full impact of injuries
  • Waiting to seek legal representation until after critical deadlines have passed

Steering clear of these mistakes will strengthen your claim and help ensure you receive the compensation you deserve.

Get Skilled Legal Representation for Your Car Accident Claim

Navigating negligence in car accident claims can be daunting, especially when you’re recovering from an accident. If you or a loved one has been involved in a car collision, you need a strong advocate on your side.

Contact Cellino Law for compassionate and comprehensive legal representation after a car accident. Our attorneys are experienced in handling car accident claims and are dedicated to fighting for the rights of accident victims. We’ll help you understand your legal options, build a solid case, and work tirelessly to secure the compensation you deserve. Don’t let the negligence of another driver disrupt your life without recourse. Call Cellino Law today at (888)-888-8888 for a free consultation and take the first step toward getting your life back on track.

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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.



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