Car Accidents: How Do We Prove Who Caused Your Accident?
NY Attorney Gerry Oginski Explains
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NY Car Accident & Personal Injury Trial Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com
It seems like such a simple question, doesn't it?
You know who caused your accident.
You know what happened to you.
You were there.
You know it firsthand.
However, the jury is hearing this all for the first time.
They don't know any of this.
They don't know who was driving and where.
They don't know what the speed limit was.
They don't know what the weather conditions were like.
The jury doesn't know what happened to you.
They don't know what kind of impact there was.
They also don't know if a traffic light was involved.
They don't know if it was a stop sign or a yield sign or something else.
So, although you know the answer to the question about what happened and who's responsible, we still have an obligation to show to the jury that what you are saying is more likely right than wrong.
Well how exactly do we do that?
There are a number of different ways. We use different witnesses including you and anyone else who was in the car with you. We will also use pretrial testimony from the driver of the other car.
It goes without saying that if there were witnesses to the accident, then we will try to get them to testify, assuming they can be found and were initially identified.
We will often use private investigators to track down witnesses to the accident and get them to record their observations about what happened so that we can use it years later at trial.
We'll use photographs of the accident scene as well as physical evidence.
We might even use an accident reconstruction expert and a police officer who arrived at the scene. Together with a police accident report, there are lots of ways that we will be able to explain to the jury what exactly happened and why.
In New York, a car accident trial is tried in two different parts. The first part is to determine who, if anyone, is responsible. If the jury determines that the people you have sued are not responsible, they never even get to the question of how much compensation to give to you. You first have to show that you are more likely right than wrong that the people you have sued were careless.
Once you have shown that they were careless, then the second phase of the trial will proceed forward which is to determine how much compensation you should receive for all the injuries and harms and losses you suffered.
Watch the video to learn more...
Here's a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: [ Ссылка ]
Here's a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: [ Ссылка ]
To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, [ Ссылка ].
If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I'd be happy to chat with you.
Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
