An SUV spun out-of-control near the Barclay’s Center in Brooklyn one recent morning, rear-ending an Uber car. After taking off into oncoming traffic, the vehicle fatally hit a cyclist, according to an NY Daily News report. Witnesses reported that the driver was going approximately 50 miles per hour, causing the cyclist to go up several feet in the air as a result of the head-on impact. After hitting the cyclist, the SUV slammed into the side of another car and then crashed into a steel pole. Some witnesses believe the driver was trying to flee the scene after hitting the Uber car.
As can be seen, victims of a car accident can include drivers, passengers, and bystanders, in addition to the loved ones of an injured party. A Brooklyn car accident lawyer should be contacted right away if you or someone you know has suffered injuries from a car accident.
Statistics & Determining Fault
According to the National Highway Traffic Safety Administration (NHTSA), 80 people are killed each day on U.S. roadways due to car accidents. Additionally, studies show that the major contributors of car accidents include driving under the influence of alcohol (32%), not obeying the speed limit (31%), distracted driving (16%), unfavorable weather conditions (11%), and other factors (10%). The New York Department of Motor Vehicles reported approximately 250,000 car accident related crashes in New York in 2012.
Determining which party is at fault in a car accident is not always easy. In fact, the question to answer is not as simple as which car struck the other. Experienced legal counsel for an injured party will thoroughly go through the record relating to the car accident and seek out evidence to build the case. This may include witness statements, police reports, as well as research of applicable state or municipal codes to determine liability. For this reason, it’s important to hire a knowledgeable Brooklyn car accident lawyer who will aggressively investigate your case in detail and represent you against insurance companies looking to skip out on appropriate compensation packages.
Under state law, fault is determined when the plaintiff can establish the defendant was reckless or negligent. Recklessness occurs when a party knew – or should have known – his or her actions were likely to cause harm. Negligence, on the other hand, occurs when a party breaches a duty owed to another and caused harm to the person as a result of that breach. Establishing which party was at fault is essential in determining who is awarded damages and, just as important, who is liable for payment of those damages.
Brooklyn Car Accident lawyer: Here To Help
When facing the possibility of reduced or eliminated compensation in a car accident lawsuit, the best offense is the strength of the evidence. An experienced and aggressive car accident attorney can put forth a compelling case to be presented during settlement negotiations or at trial, in order to maximize the damages available. Contact the Law Office of Jeffrey K. Kestenbaum today at (718) 237-5586 for your free, initial case evaluation. An experienced Brooklyn car accident lawyer is just a click away.
