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Roads in the state of New York can often become crowded with many vehicles at one time. This is why all drivers need to operate their vehicles with the utmost caution. All drivers have a duty of care to others on the road to drive safely and pay attention to their surroundings. This protects not only them but everyone else on the road as well. If they fail to do so, they can cause dangerous accidents that lead to serious injuries. 

Sometimes, accidents are caused by the negligence of another driver. When this happens, the injured party may wish to hold the negligent party responsible for their injuries. This can be done with a personal injury lawsuit. When pursuing a lawsuit, it is crucial to enlist an experienced attorney to help your case. 

Types of Negligence

There are several different kinds of actions that can be classified as driver negligence. These actions can generally be classified into two categories: dangerous driving and distracted driving. Dangerous driving occurs when a person fails to follow the rules of the road. Actions that are considered such can include speeding, reckless driving, improper lane changes, unsafe passing, failure to abide by stop signs and lights, street racing, driving under the influence of drugs or alcohol, and more.

One of the leading causes of accidents in the United States is distracted driving. All drivers should be giving the road their complete attention when they are behind the wheel of a vehicle. If they do not, their distraction can cause an accident. A common distraction while driving is the use of a cell phone or other electronic devices. Drivers use their phone for navigation, to make or receive phone calls, listen to music, send a text or email, or search the internet. Other distractions while driving can include eating, looking for something in the car, or engaging with other passengers.

Proving Negligence

Drivers who are negligent on the road put other drivers at risk for life-changing injuries and even death. If a person becomes injured during an accident caused by negligence, the negligent driver may be held liable. If the injured party wishes to pursue a personal injury lawsuit to do so, they are required to prove the other party was in fact negligent. This can be done by gathering evidence that shows the accident and their injuries occurred directly because of the driver’s behavior. Evidence that can be helpful may be the police report from the accident, any medical documentation of the injury, pictures of the wreckage, and any witnesses to the incident.

Contact our Firm

If you have been injured in a New York City car accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.


Settlement to a man who was run over by a dump truck on a Brooklyn street causing him to sustain multiple injuries, including but not limited to a broken leg and detached urethra in 2019.


Settlement to a woman who slipped and fell down a wet stairwell in a New York City Housing Authority building requiring a back surgery in 2018.

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