Tag: Motor Vehicle Accident Lawyer Hempstead

Passenger Injured in Motor Vehicle Accident

On February 20, 2016, in Litigation, Personal Injury, by John A. Weber IV, ESQ.

auto accident imagePassenger Injured in Motor Vehicle Accident

Passengers  injured in motor vehicle accidents should be aware of the procedures that are in place to process medical treatment and litigation. Some people do not realize that No-Fault will cover the medical expenses for a passenger of a vehicle; not just the driver. It is important to notify the medical providers that the injuries are the result of a motor vehicle accident so that the No-Fault forms are completed in a timely fashion. This will avoid time consuming corrections after the fact. As far as litigation is concerned, one particular point often evokes feelings of discomfort on the part of passengers. It is quite often in the best interest of the passenger to file the suit against the driver of the vehicle they were in as well as the driver of the other vehicle. This is due to the fact that a question of liability may exist which is indeterminable at the time the lawsuit is filed. In order to ensure that the passenger will be compensated for the injuries they sustained, the driver of both vehicles should be named as Defendants.  More often than not, this means that passengers should have a different personal injury attorney than the driver of the vehicle they were riding in.  There are extenuating circumstances that are exceptions to this thought however.  One thing is for sure though.  Seeking the advice of legal counsel as soon after the accident as possible can strengthen your case.  Not because the attorney will change or shape the story of what happened, but rather, because the attorney will guide the processing of the case from the onset to help expedite your claim and move you towards any possible recovery.

Personal Injury Attorneys

If you or a loved one were involved in a motor vehicle accident, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to an attorney today!

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Car Accident Injuries

An interesting decision was made in Cattan v. Sutton, 2014 Slip Op 05764 (8/13/14).  The case involved an automobile accident in which Defendant made a motion for summary judgment.  The full case can be read at the aforementioned site.  The ruling in this case points to the fact that a driver having the “right of way” does not necessarily mean that the driver is exempt from being a proximate cause of an accident.  The possibility exists that there can be more than one proximate cause of an accident.  It is important to note that a duty for each driver exists.  That duty is to see what there is to be seen through the proper use of the driver’s senses.  This duty exists even when the driver has the “right of way.”

This ruling is important in evaluating a personal injury case stemming from an automobile accident.  Just being injured by another driver who engaged in improper conduct on the road is not enough.  Comparative fault must be eliminated.  By doing so, a Plaintiff’s case is made stronger and the likelihood of success is increased.

New York Personal Injury Attorneys

As always, if you have been in an automobile accident and seek the assistance of an experienced attorney, please call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today to schedule a free consultation!

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