Auto, Motorcycle, Bike Accidents
Millions of people are injured every year due to motor vehicle accidents (many very seriously). At the Law Offices of Joseph C. Durante, Jr. we use our experience in handling accident cases to investigate every possible contributing cause of an accident to ensure that, you will receive full compensation for your injuries.
This entails evaluating all the facts involved in the cause of a motor vehicle accident as well as to all parties who may be responsible. This can include not only the driver of the vehicle that caused the accident but the owner of the vehicle as well as the employer of the driver if that person was in the course and scope of their employment at the time of the accident. Factors such as poorly maintained roads and malfunctioned traffic control signals can contribute to an accident as well as improper design, maintenance, construction, lighting or other highway defects.
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It is imperative at the outset of a motor vehicle accident to gather all information concerning all insurance policies that may be available to pay for a persons injuries both covering the responsible party as well as the injured parties own insurance to determine if there is proper coverage.
Automobile accidents are generally decided using the law of negligence. A person who negligently operates a vehicle may be required to pay for all the damages suffered by the injured party which would include medical expenses, wage loss, repairs to the injured parties vehicle as well as money for pain and suffering to the injured party.
A driver may also be liable for an accident caused by his or her intentional or reckless conduct. A driver who is reckless is one who drives unsafely, with willful and wanton disregard for the probability that the driving may cause an accident.
In certain cases, motor vehicle accidents may be caused by factors unrelated to the conduct of any particular driver. Under the law of products liability, an automobile manufacturer or supplier may be responsible for injuries caused by a defect in an automobile or a component of the automobile. If the manufacturer of the product creates a defective product, either in developing, designing or labeling the product, the manufacturer or supplier may be responsible for the injured parties damages resulting therefrom.
As one can see, it is important that immediately following a motor vehicle accident all of the particular facts giving rise to the actual accident as well as to who may be liable must be investigated to promptly preserve evidence and investigate the accident in question as well as enable physicians or any other expert witnesses to thoroughly evaluate any injuries and the causes of the accident.