Drivers Can Be Legally Responsible for Harm Done to Passengers in Crashes

car-accident-nyWhen people visualize car accidents, they typically think of two vehicles colliding for some reason. When people think about the lawsuits that can arise because of injuries sustained in a car accident, they generally think of someone in one vehicle suing the driver of another vehicle to recover the losses they have incurred. While these situations obviously arise often, there are other types of lawsuits that can be filed after car accidents, including those that involve only one vehicle. These lawsuits are generally filed by passengers who have been injured because of crashes caused by negligent or reckless drivers.

Below you will find a brief overview of the situations that involve lawsuits that are filed by passengers who are injured because of the actions of drivers who caused collisions. You will also find information regarding the types of damages that can be pursued and recovered by someone who has been forced into this position. Anyone who has been harmed in this manner needs to obtain the help of experienced New York accident lawyers as soon as possible.

The Legal Duty of Care

When someone files a lawsuit against someone else based on negligence, that plaintiff must prove that the defendant breached the legal duty of care. This duty is a legal notion that basically states that people are responsible for their actions such that they are expected to avoid conduct that places others in situations of unreasonable risk of harm. With regards to car accidents, this duty does not only extend to people in other vehicles – it protects anyone who is riding in that driver’s vehicle as well.

As such, when a passenger is injured in a crash that was caused by the driver of that vehicle, he or she needs to prove not only that there was a legal duty of care present, but also that the driver breached this legal duty. This is done by proving that the driver did not act in a manner that was consistent with what a reasonable person would have done in a similar situation. If that is proven successfully, the plaintiff could stand to recover damages.

Types of Damages Pursued

There are several different types of damages that can be pursued by a passenger who was injured in a car accident. Most commonly, these damages involve pursuit of a recovery for the medical costs that both were incurred and those that will be incurred in the future. In addition, plaintiffs in these situations can pursue a recovery of damages for lost income, pain and suffering and almost any other type of loss that can be traced back to the incident in question.

If you or someone you love has been injured as a passenger in a vehicle involved in a crash, you need to seek the help of New York accident lawyers who have been fighting for the rights of clients for more than 40 years. Contact The Fitzgerald Law Firm today to schedule a free initial consultation.