Cleveland Injury Attorney Discusses Auto Accidents and Personal Injury Cases – A Guide

It is very well known that whenever you are involved in an auto accident on the road and you get injured by another driver you may be able to file a personal injury lawsuit against the other person who is responsible for the auto accident. This way you should be able to obtain a settlement or award for your pain and suffering, in addition to being able to recover any other damages as a result of the other driver’s negligence. In a car accident lawsuit, your lawyer must prove to the court that the other party is responsible for the accident involving your auto, due to his failure to maintain a reasonable duty 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 prove that someone is legally liable for causing an 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 may be a legal duty to use your own care and judgment. Next, you must show that the other person did not exercise this prescribed duty of action. You must next show that the failure to maintain this normal duty of care directly caused the automobile accident which created the subsequent injuries.

If you are able to prove all of these factors in the court of law, you should then be able to recover a cash award to compensate you for any injuries to your body or personal belongings.

Standard of Care
Generally, an motor vehicle accident lawsuit will focus on whether a person chose the proper duty of care while driving their motor vehicle. The law creates a particular standard of care while driving any auto. In order to meet this standard of care, the driver must operate the auto at a reasonable rate of speed. Additionally, the operator must keep the auto under proper control. Finally, auto must be aware of the complete situation and avoid any action or omission which can result in an accident.

Third Party Causes
Under certain situations a court may not determine the other party negligent, as when another really caused the accident to occur. As an example, a motorcycle rider’s mistake may have caused an accident with another motor vehicle, which led to a collision with a third car. In this circumstance the party in the automobile 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 a strong advocate of victims of negligence for many years. As an experienced Cleveland injury attorney he is dedicated developing a long term relationship with his clients to help resolve any legal situations that may come up.