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Motor Vehicle Passenger Accidents

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Motor Vehicle Passenger Accidents 2017-11-30T14:53:49+00:00

About Motor Vehicle Passenger Accidents

If you are a passenger injured in a motor vehicle accident, discuss the facts of your case with Joseph A. Nagy.A passenger in a motor vehicle accident can sue a negligent driver or another person who caused a collision with the motor vehicle he was in.

A passenger will generally be found to have no liability because he was not operating the vehicle. There are some exceptions to this rule—for example, where the passenger grabs the steering wheel thereby interfering with the drivers operation of the vehicle. Arguably, the passenger may have caused the accident or contributed to the cause of the accident.

The Contributory Negligence Act can operate to reduce the amount of damages claimed by the passenger according to the degree of his fault. The Contributory Negligence Act apportions degrees of fault to passengers who fail to wear seat belts. A driver of an automobile also owes a duty of care to his passengers to ensure they are seat belted before the vehicle is put into motion. Parents have a responsibility to ensure that their children are properly restrained in children’s car seats.

Joseph A. Nagy provides advice to passengers injured in motor vehicle accidents.

Advice to Injured Motor Vehicle Passengers

If you are injured by the driver of the vehicle you were in, and the driver was intoxicated, your knowledge of the state of intoxication of the driver is critical. The defence of volenti non fit injuria (voluntary assumption of risk) can preclude you from successfully suing the driver. The application of this defence is fact specific and you should always discuss the important facts with me.

Joseph A. Nagy

Injury Lawyer

I was hit by a car while walking in a crosswalk. One driver stopped to let me cross but the other went through and hit me. I was taken to hospital with multiple injuries. My most serious injuries were a Mild Traumatic Brain Injury, vestibular dysfunction, and torn ligaments in my knee. Joe came to see me in the hospital. He quickly retained an investigator to obtain transcribed statements from witnesses at the scene. These were helpful because the insurance company argued that I should be partly at fault because I was not paying attention when I was walking in the crosswalk. Joe retained an orthopedic expert, and occupational therapist, an otolaryngologist (ENT), a vocational expert, and an economic loss expert to prove my case at trial. We settled the case outside of trial for a very reasonable figure. Joe is a very experienced injury lawyer and a good negotiator. I am happy that I retained him.

Matt

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