FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

Fault and Liability in a Car Accident Claim

Approximately one lawsuit is filed every 2 seconds throughout the United States. If you go by the statistics, every year, there is an average of about 6,000,000 car accidents in the country. This means that this type of accident is the cause of a large number of lawsuits. According to a study by the National Highway Traffic Safety Administration (NHTSA) released in 2014, motor vehicle crashes in 2010 cost close to $1 trillion in loss of life and loss of productivity. NHTSA reports that in 2014, there was an estimated 2.34 million people injured in motor vehicle crashes. A large percentage of car accidents are caused a defect or problem in one of the vehicles, poor road conditions or last but not least, driver negligence.

Driver Negligence

In most personal injury lawsuits and injury-related insurance claims, the issue of legal liability and fault boils down to establishing who the negligent party was. In any car accident case, there is one apparent way that the driver can be negligent – under the influence of drugs or intoxicated while driving. Additionally, a driver can also be deemed negligent if they are taking certain prescription drugs. Everyone has seen commercials that advise against taking a certain medication while operating heavy machinery, including a car. Hypothetically, if you are involved in a car accident while taking such medication, you may find that you are accused of being negligent. However, a more common form of negligence is not paying attention to the road. Cars are heavy and large devices and there is always a lot going on the roads. It can be negligent to take one’s eyes off the road, even for just a second. There are many different ways that a driver can be negligent, including:

  • Looking at someone or something by the side of the road
  • Looking at a piece of paper, such as a map
  • Reading a book or the newspaper
  • Changing the station on the radio
  • Texting
  • Looking at a cell phone
  • Adjusting the car seat
  • Getting an item out of the glove compartment
  • Getting something out of the pocket
  • Getting something from the backseat or looking for something
  • Looking at your children to reprimand them or even just to talk to them
  • Eating or drinking while driving – even non-alcoholic beverages
  • Putting on makeup
  • Shaving – believe it or not, this has actually happened

Car accident attorneys have used all these examples, as well as many others, as a means to prove negligence. If you have been in a car accident with another driving who was doing these actions mentioned above at the time of the crash, this is the evidence you need to ensure that you get fair compensation or settlement.

The Finest Law Firm in Existence

If you or someone you know has been injured in an accident caused by another driver’s negligence or recklessness, you should hire the services of a reliable car accident lawyer from Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. We know the law. We know the legal system in the Big Apple. The first meeting is free. We have been winning cases for years – give us a shot. Give us a call – it will cost you nothing. We know what a winning case looks like and we know what legal buttons to press and when to press them. RMFW Law delivers for its clients. We keep you informed every step of the way. We are not paid until you are paid; we only take a percentage of the final settlement or verdict – so really it is like you never pay us at all. RMFW Law looks forward to hearing from you.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader