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Abogados De Accidentes

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How to Prove Negligence in a Long Island Car Accident

Being involved in a car accident is a traumatizing occurrence that can have a long-lasting, negative impact on victims’ lives. With approximately 36,000 deadly car accidents reported in the United States annually, these accidents are far more common than one would hope. If you have been injured in a car accident caused by a negligent party, it is crucial that you file a car accident claim in order to pursue compensation for the losses you have suffered. 

The Law Office of Cohen & Jaffe, LLP is a New York law firm with experience helping clients on Long Island who have been injured in car accidents. If you are filing a car accident claim, it is essential that you understand how to prove negligence. 

What Are the Elements of Proving Negligence After a Car Accident?

Following a car accident, it is important that you are able to prove that the at-fault party was acting negligently, and that is what led to the crash. In order to prove fault and negligence in a car accident case, there are five elements that you need to be able to prove negligence:

  • Duty
  • Breach of duty
  • Cause in Fact
  • Proximate Cause
  • Harm

Proving negligence is important in any car accident claim. This is because it will allow you to pursue the negligent party for damages like medical expenses, property damage, lost wages, lost earning potential, and pain and suffering. If you are unsure what damages you are eligible to collect, a car accident lawyer may be able to help by going over the details of your case. 

Important Evidence Needed to Prove Negligence in a Long Island Car Accident

After an accident, there may be certain types of evidence that can be used to further prove that the at-fault party was acting negligently at the time of the accident. Depending on the details of your case, the type of evidence you will need may vary. However, when you work with a Long Island car accident lawyer, they may be able to help you collect the evidence that is necessary to help prove negligence for your claim. This evidence may include:

  • Eyewitness statements about what they saw occur
  • The motor vehicle accident report filed by the police
  • Photos or videos from the scene of the accident
  • Any video available of the accident occurring or the aftermath
  • A survey of the accident scene
  • Property damage or damage to the vehicle caused by the accident
  • Any breath tests or toxicology reports related to a criminal case against the at-fault driver
  • Expert witness testimony, including from accident reconstructionists, medical experts, and others
  • Documentation of your serious injuries, including relevant medical records
  • Medical bills, estimates for car repair, and other documentation of your accident-related expenses and losses

If you are not sure how to obtain the necessary evidence to help prove negligence for your car accident claim, a trusted car accident lawyer may be able to help. Once you have established that the other party was acting negligently, you will be able to build a strong claim and pursue the fair compensation you deserve. 

Contact a Long Island Car Accident Lawyer For Help

If you have been injured in a car accident as a result of a negligent party, it is important that you get compensated for your losses. To get help with your claim, contact a Long Island car accident lawyer for help. 

The award-winning lawyers of the Law Office of Cohen & Jaffe, LLP have over a century of combined experience helping car accident victims pursue the best possible outcome for their claims. To schedule a free consultation, contact us here or call (866) 924-1787.

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