Car Accident Lawyer in New City, NY

On top of the constant flow of traffic and the bustling urban environment, New York drivers are often distracted by their phones, passengers, or even the passing scenery.

The pressure to get around quickly can lead drivers to exceed the speed limit, increasing the severity of accidents.

With crowded intersections and complex traffic patterns, drivers may fail to yield to pedestrians, cyclists, or other vehicles, resulting in collisions.

Driving under the influence of alcohol or drugs significantly impairs judgment and reaction time, increasing the risk of accidents.

The fast-paced nature of city driving can give rise to aggressive behaviors like tailgating, sudden lane changes, and road rage, upping the risk of collisions.

The high concentration of pedestrians and cyclists in New City poses a major challenge for drivers. Failure to yield to pedestrians or cyclists at crosswalks and intersections can have lethal consequences.

NYC's aging infrastructure can contribute to accidents. Potholes, uneven pavement, and poorly marked roads can all create hazardous driving conditions.

Snow, ice, rain, and fog can drastically reduce visibility and road traction, making it harder to control a vehicle.

Neglecting regular maintenance can lead to mechanical failures that cause accidents. Faulty brakes, tires, or lights are common issues that create dangerous situations on the road.

Article 51 of New York’s insurance code explains the state’s no-fault system, which requires all registered drivers to carry no-fault insurance.

After an accident, your insurance company will cover your medical expenses and lost wages, regardless of who caused the accident. This system serves to deliver prompt financial assistance and reduce the frequency of lawsuits for minor accidents.

However, there is one important exception to this rule: if you sustained serious injuries in a crash, you can file a lawsuit against the at-fault driver for additional compensation (e.g., disfigurement, pain and suffering, loss of consortium).

The law defines "serious injury" as any type of physical harm that results in:

• Death
• Permanent or significant disfigurement
• Permanent loss of use of a body organ or member (e.g., a limb)
• Significant limitation of use of a body function or system for at least 90 days (e.g., an inability to walk, lift, or perform daily tasks)
• Fracture (excluding a simple fracture of a finger, toe, or nose)
• Permanent consequential limitation of a body organ or member (e.g., loss of sensation in a limb)

This threshold is meant to prevent frivolous lawsuits and ensure that only cases involving life-altering injuries proceed to court.

Article 14-A of New York’s Civil Practice Law & Rules outlines the particulars of the state’s comparative negligence system. If you share partial responsibility for an accident, your compensation will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but you’re found to be 20% at fault, you’d only be eligible to receive $80,000.

Assess the situation and check for injuries immediately. If you or anyone else is injured, call 911 for emergency medical assistance.

If possible, move your vehicle to a safe location out of the flow of traffic to prevent further accidents. Alert other drivers by turning on your hazard lights.

Once you’re sure you’re safe, get the other driver or pedestrian’s name, contact information, insurance details, and license plate number. Then, capture photos of the damage to all vehicles involved, the accident scene, and any injuries you’ve suffered.

Write down the details of the accident, such as the date, time, location, and weather conditions, along with the statements of any witnesses you talked to.

Call the police to report the accident, even if it seems minor. The resulting police report will serve as official documentation of the event. It’s also a good idea to report the crash to your insurance company as soon as possible.

Even if you don't think you’re injured, it's vital to seek medical attention as soon as possible. Some injuries may not become apparent until later. Having proof of treatment will also provide you with crucial evidence if you decide to pursue a legal claim later on. To that end, maintain detailed records of all doctor visits, procedures, and prescriptions.

When you’re ready, reach out to a qualified personal injury attorney. An experienced car accident lawyer can familiarize you with New York's no-fault system, help you file a claim, and negotiate with the insurance companies on your behalf. They can also make sure you understand your legal options and protect your interests during the claims process.

Your insurance company will typically cover your medical expenses and lost wages, regardless of fault, up to a certain limit.

New York State law mandates the following minimum car insurance coverage:

• Bodily Injury Liability: $25,000 per person; $50,000 per accident
• Property Damage Liability: $10,000 per accident
• Personal Injury Protection (PIP): $50,000 per person
• Uninsured/Underinsured Motorist: $25,000 per person; $50,000 per accident

In some cases, minimum coverage may not be sufficient to cover all expenses after a serious accident. No-fault coverage is limited to basic medical and lost wage benefits, which means victims can’t recover compensation for pain and suffering, emotional distress, or other non-economic losses.

If your injuries meet New York's serious injury threshold, you can file a lawsuit against the driver who caused the accident. Doing so allows you to seek compensation for a broader range of effects, including pain and suffering, lost future earnings, and emotional distress. It also lets you hold the at-fault driver accountable for their actions and potentially prevent future accidents.

A lawyer can guide you through the complex legal process and represent your interests in court.

This includes all costs associated with your necessary medical treatment, including ambulance fees, emergency room visits, hospitalization, surgeries, medications, physical therapy, and any ongoing care you may require.

If your injuries require rehabilitation or ongoing therapy, you can recover the costs of these services.

Awards for property damage are intended to offset the cost of repairing or replacing your vehicle or other belongings damaged in the accident.

If your injuries prevent you from working, you can recover the income you’ve lost while you’re unable to work.

If your injuries are severe enough to permanently affect your ability to work or earn the same income as before the accident, you could be compensated for the reduction in your future earning potential.

You may be able to recover any other expenses incurred as a result of the accident, such as transportation costs for medical appointments, home modifications to accommodate your injuries, and medical equipment or apparatus.

Pain and suffering refers to the physical discomfort and emotional distress you’ve experienced as a result of your injuries. It can provide compensation for chronic pain, loss of enjoyment of life, and emotional trauma.

If you’ve suffered permanent disfigurement or scarring due to the accident, you may be able to recover damages for the emotional impact and potential future medical procedures.

If your injuries have impacted your relationship with your spouse, you may be entitled to compensation for the loss of companionship, support, and intimacy.

To sue for pain and suffering, your injuries must not only be serious but also have a lasting impact. The law specifically mentions a "medically determined injury or impairment of a non-permanent nature" that must prevent you from performing your normal daily activities for at least 90 days within the first 180 days after the accident.

If your accident involved a government vehicle or employee (e.g., city bus, police car), you must file a notice of claim with the municipality within 90 days of the accident and file a lawsuit within one year and 90 days of the accident.

Remember that New York is a no-fault state. You’ll typically need to file a claim with your own insurance company within 30 days of the accident to receive benefits for medical expenses and lost wages, regardless of who caused the accident.

If the car accident resulted in a fatality, the statute of limitations for a wrongful death lawsuit is generally two years from the date of death.

If the injured person is a minor, the statute of limitations may only begin after they turn 18.

The driver who directly caused the accident by their actions (speeding, distracted driving, etc.) is generally the first party to be deemed liable.

If the vehicle’s registered owner knew or should have known that the driver was incompetent, reckless, or unfit to drive, they could be held liable under the theory of negligent entrustment.

If an employee is driving for work and causes an accident, their employer could bear fault under the doctrine of respondeat superior (which translates to "let the master answer"). This applies only when the employee was acting within the scope of their employment.

If an accident results from a faulty repair job or poor maintenance work performed by a mechanic, they or the repair shop employing them could be held liable.

If an accident occurs due to poorly maintained roads (e.g., potholes, missing signage), the city or state could be targeted for legal action.

Other parties might also face legal consequences for contributing to an accident. For example, if a design defect in a vehicle directly contributes to an accident, the manufacturer could be held liable.

Witness statements provide firsthand accounts of what occurred, including road and weather conditions, the actions of the drivers, and any contributing factors. Make it a point to gather contact information for any witnesses at the scene. Ask them to write down their observations in as much detail as possible and share them with you.

Photographs and videos of the accident scene, vehicle damage, and any resulting injuries can provide visual evidence that supports your claim. Dashcam footage and photos depicting hazardous road conditions are examples of such evidence.

A police report is an official record of the accident, including details like:

• The time, date, and location of the accident
• Descriptions of the vehicles involved
• Driver information and licenses
• Sketches or diagrams of the accident scene
• Statements from officers and witnesses

The police report serves as unbiased documentation of the accident and can be a crucial piece of evidence for your lawsuit.

Your medical records are indispensable for demonstrating the nature and severity of your injuries. They include doctor's reports, treatment records, hospital records, diagnostic tests (X-rays, MRI scans, etc.), and rehabilitation reports.

Medical records help depict the extent of your injuries, the cost of your treatment, and the overall impact on your life.

Evidence of a car accident can also come in the following forms:

• Traffic Camera Footage: If the accident occurred near a traffic camera, the footage could be a valuable reference for the events leading up to the accident.
• Vehicle Data Recorders: Modern vehicles often have data recorders (similar to "black boxes" in airplanes) that record information like speed, braking, and steering input.
• Accident Reconstruction Reports: In complex cases, a qualified expert can create a report reconstructing the events of the accident to determine the cause and liability.
• Financial Records: Documentation of lost wages, medical bills, and other expenses related to the accident can help quantify your losses.

Personal injury attorneys are proficient at collecting and preserving this kind of evidence and using it to their clients’ advantage.

Evidence of a car accident can also come in the following forms:

• Traffic Camera Footage: If the accident occurred near a traffic camera, the footage could be a valuable reference for the events leading up to the accident.
• Vehicle Data Recorders: Modern vehicles often have data recorders (similar to "black boxes" in airplanes) that record information like speed, braking, and steering input.
• Accident Reconstruction Reports: In complex cases, a qualified expert can create a report reconstructing the events of the accident to determine the cause and liability.
• Financial Records: Documentation of lost wages, medical bills, and other expenses related to the accident can help quantify your losses.

Personal injury attorneys are proficient at collecting and preserving this kind of evidence and using it to their clients’ advantage.

The amount you’re awarded will depend on several primary factors, each of which will play a central role in the final settlement. Here's a closer look at what determines your potential payout:

The more serious your injuries, the higher your potential compensation.

The costs of your treatment, including doctor visits, surgeries, medications, and therapy, will be factored into your settlement. This also includes any future medical needs you may have.

The extent to which you were responsible for the accident will impact your payout. If you were partially at fault, your compensation may be reduced according to your percentage of responsibility.

The limits of your insurance policy and that of the other driver could limit the amount you can receive. Additionally, if the other driver is uninsured or their insurance is insufficient, your underinsured/uninsured motorist coverage will come into play.

You can claim compensation for any wages you’ve lost due to the accident, both for the time you've already missed work and for any future forfeited income.

Compensation for pain and suffering, which includes emotional distress, physical discomfort, and loss of enjoyment of life, is subjective and can vary greatly. Your attorney will consider the severity and duration of your pain, your ability to function, and the impact on your quality of life, among other things.

Having an experienced New City car accident attorney on your side can greatly improve your chances of receiving a fair settlement. A lawyer can negotiate with insurance providers, build a strong case to support your claim, and represent you in court if necessary.

New York's no-fault system aims to provide a quick payout for medical bills and lost wages. This usually happens within a few weeks to a month after you file a claim. However, no-fault coverage has limits, so you may not receive compensation for all your expenses.

If your insurance company needs additional information or there's a dispute about the claim, it can take longer to get paid.

If your injuries and losses exceed your insurance policy’s limits, you may need to file a lawsuit against the at-fault party to seek full compensation. This process can take months, but it allows you to seek payment for all of the losses you’ve experienced, including pain and suffering, lost future income, and long-term medical care.

Developing a strong case involves gathering evidence, interviewing witnesses, and potentially consulting experts. It can take time to negotiate with the at-fault party's insurer, and if a settlement can’t be reached, your case might go to trial, which could take many more months.

If your injuries are minor and your treatment is straightforward, you might receive a payout from your no-fault insurance within a few weeks.

However, if you have serious injuries requiring extensive medical care, it will take longer to receive compensation reflecting the full extent of your losses. Things like medical treatment, rehabilitation, and long-term care require careful evaluation and documentation.

Simple claims involving clear liability and minimal damage can usually be processed relatively quickly. Those involving multiple parties, disputes over fault, significant property damage, or disagreements about the extent of injuries can be more complex and will require more time to resolve.

Providing necessary documentation (medical records, police reports, witness statements, etc.) and promptly responding to the insurer’s requests can speed up the process of obtaining policy benefits. If you disagree with the company's assessment of your claim or their offer, it could lead to delays as you negotiate or pursue legal action.

Additional factors that might affect how soon you receive your rightful compensation include:

• When You Submit Your Claim: Processing times for insurance claims might be slower during holiday periods or weekends.
• Staffing and Capacity: The insurance company’s workload and staffing levels can also affect its processing times.
• Unusual Circumstances: Unforeseen events or circumstances beyond your control could lead to unavoidable delays.

Initiating the claim-filing process as early on as possible will help you get ahead of potential delays and stay on track to receive the compensation you’re due.