It is worth noting that the lobbying by the motor vehicle insurance industry to state legislature to base the accident liability on the automobile statutes than on the common law philosophy of fault ensured that the accidents are determined by the statute.
This practice has left the victims vulnerable as the insurance companies can easily challenge the fault and the liability when the other party to the accident has flouted traffic rules or laws. A case in point is of a motorist who doesn’t have a liability Insurance will be denied compensation even if the other party to the accident was at fault, so take help of New York auto accident attorney.
Common-Law
Fault in causing an accident is a creation of either the law or given a definition by the common law. The four basic levels of fault as recognized by the common law include:
- Being negligent at the time of the accident
- Acts of Recklessness or unjustifiable conduct that leads to an accident
- Any intentional misconduct that causes an accident
- Strict liability (in spite of fault)
In general, negligence is defined as carelessness or common occurrence wanton conduct that causes injury or damage and is frequent in motor vehicle accidents. Such acts of negligence include rudeness to the extent of not yielding to the right-of-way or doing an act like jumping the traffic red light. On the other hand wanton conduct or recklessness refer to disregarding safety and welfare of the other motorists knowingly. A good auto accident attorney in your city must have a proven track record of success. When confronted with an accident case, you should be in a position to find that accident attorney in your city who many people have worked with and have a number of records of case which people have won through her/his help or representation. If an auto accident attorney in your city does not disclose his success records, then you have a right to ask other clients who have worked with him and who will recommend or not recommend the attorney in question.
For you to come out with a sizeable compensation, the city auto accident attorney you choose should be as tenacious as possible. This means that he/she must have a full interest both at heart and in mind. Why? This is because a good or quality auto accident attorney will fight for you tooth and nail. Such an attorney has a good track record since most of the insurance companies use the weaknesses of the auto accident attorney to ensure that case fails or in ensuring that you get a minimum compensation as possible with the help of New York auto accident attorney.
If you really want to be compensated or given the necessary justice for the accident suffered, then it is crucial for you to look for a specialized auto accident attorney in your city. This is because a specialized city auto accident attorney has the finest details on how to deal with such cases involving compensation and it is likely that you will win the case with a good New York auto accident attorney.
