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- Joseph Lugo
A three-car accident Feb. 13 in Lee, New York, left a 9-year-old boy with serious head injuries, reported UticaOD.com, the website of The Observer-Dispatch of Utica, New York.
James Christodolou, 80, failed to stop at a stop sign at the intersection of State Route 26 and Stokes Westernville Road. He hit a vehicle being driven by Josi Williams and forced her vehicle into the northbound lane. Williams crashed into a vehicle operated by Barbara Townsend.
Williams’ 9-year-old son, who was in the front passenger seat at the time of the accident, was in critical condition after suffering serious head injuries.
None of the drivers of the vehicles had life-threatening injuries.
Based on the report, the 80-year-old driver appears to have violated the duty of reasonable care by driving through the stop sign. A driver must use care to avoid injuring others on the road, including motorists, passengers, road workers, and pedestrians. When a driver fails to use reasonable care and behaves in a thoughtless or careless manner while driving, this is called negligence.
An individual may pursue a personal injury claim when he or she is hurt by the negligence of another.
When a driver causes harm or injury to someone by running a stop sign, he or she is negligentand held responsible.
Examples of negligent behavior while driving include, among other things, speeding, failing to yield, failing to stop for a pedestrian, or forgetting to turn on lights when night driving.
What also may be a factor in this accident is the driver’s age. According to a 2011 study, drivers 70 and older, and particularly those 80 and older, had more intersection crashes than other age groups. Intersections controlled by stop signs, said the study, posed particular hazards for drivers 70 and older.
To receive compensation after acar accident, it must be proven that:
1. The defendant was negligent.
2. The negligence was the cause of the accident.
3. The accident was the cause of the injuries or property damage.
Once negligence has been proven, the at-fault driver may be responsible for compensation for all injuries and damages associated with the incident. These damages may include payment for medical costs, economic damages such as lost wages or earning capacity, psychological distress, pain and suffering, and property damage.
A victim of a car accident or his or her family should contact an experienced New York car accident lawyer as soon after the accident as possible. A lawyer will be able to take immediate steps to help prove negligence by preserving evidence and gathering statements from witnesses. The lawyer will also determine whom to sue. The driver may be primarily responsible for the accident, but so may a third-party owner of the vehicle, or an employer, if the negligent driver was engaged in a work errand at the time of the accident. In some cases, negligent maintenance or repair of a vehicle may also have contributed to causing an accident.
Lawyers at The Perecman Firm have handled thousands of auto accident cases throughout New York.