Every day, many people are involved in vehicle accidents. Drivers who exhibit reckless behavior such as speeding or failing to obey traffic signals are often the cause of these types of accidents in New York and throughout the country. The injured party or their loved ones may pursue a civil claim based on the negligence of the driver.
In New York, a man was recently charged with two counts of manslaughter for his involvement in a fatal car accident. Police say that officers were attempting to stop the accused for aggressive driving. However, the accused ran through a red traffic light and crashed into another vehicle. That vehicle carried a family of four. The collision killed the husband and wife, orphaning their two children and leaving the young ones hospitalized with injuries.
Although the accused is facing criminal charges, the victims' children and loved ones also may file a personal injury suit to recover compensation for their losses. Personal injury claims are often decided on the issue of negligence. Drivers are expected to drive with reasonable care, and if they fail to do so, they are considered negligent. Those filing the suit, the plaintiffs, must prove three factors: the defendant was negligent, this negligence directly caused the accident and the injuries were the result of that accident.
Personal injury claims may provide a financial remedy for expenses such as the medical bills of the injured, funeral costs and future costs for the rehabilitation of disabilities resulting from a car crash. For some, compensation for the loss of their loved ones may provide a sense of closure.
Source: The Wall Street Journal, "NY driver in fatal crash was wanted by police," Aug. 3, 2012