Car Accident Lawyer NYC: What you should Do

Car Accident Lawyer NYC

When an accident is caused by the negligence of another party, the injured person needs to speak with an experienced New York City car accident attorney to learn about the legal options available.

A person injured through the negligence of another in New York can file a personal injury lawsuit seeking compensation for the damages caused by the accident.

What Are Some Causes Of Car Accidents In New York City?

Car accidents can be caused by numerous factors. However, not all accidents that result in injury present grounds for a lawsuit by our New York City car accident attorneys. Individuals may have grounds for a car accident claim if they were injured in an accident that was caused by any of the following:

The driver was inattentive behind the wheel
Talking on the phone or texting while driving.
The driver was under the influence of drugs or alcohol.
Speeding
Lack of signal when changing lanes
Skating
Not obeying traffic signals.
Failure to yield (passage to cars and pedestrians)
The road had flaws, such as poor design or negligent maintenance.
The vehicle had a mechanical defect that led to the accident.

While all of the causes listed above are the result of negligence, they do not necessarily present the injured party with grounds for a lawsuit.

In order to have a valid claim, the injured person must be able to show that the negligence of the responsible party was directly responsible for the accident.

For example, if a driver acted negligently, but their negligence was not the cause of the accident, they cannot be held liable.

In addition, the injured person must have suffered economic (monetary loss) or non-economic (pain and suffering) damages to have a basis for a case.

How Are Car Accidents Investigated?

Once you have met with an experienced NYC car accident attorney, you may be wondering how your case can be proven.

We do this by fully investigating the scene of your accident so we can try to determine exactly what happened and who is at fault.

Our car accident attorneys collect all available information, such as:

where the accident occurred
How was the weather
Which drivers were involved?
Where each driver declared to be at the time of the accident.
What were the drivers doing when the accident occurred?

If you took a picture at the time of the accident, you’ll be better off than most.

Having a picture of the damage that occurred to both vehicles and the surrounding area can go a long way in proving your case.

The environment around your accident is as vital as any other image. It can help tell the story too.

After your accident, we review the police report. A police report can give us many answers about how the accident happened and provide vital information about the other driver.

We want to see your prior licenses and issues reported to the Department of Motor Vehicles.

A police report also gives us the most accurate and up-to-date information about the driver’s insurance so we can file a claim against them.

This allows us to put the other driver and their insurance company on notice that we are seeking compensation for the accident, that we believe the other driver is at fault and as such should be responsible for the costs they have incurred due to the wreck. .

In New York, accidents involving a fatality or catastrophic injury likely to lead to fatality will generally lead to a special police investigation by the Collision Investigation Squad (CIS).

Our car accident attorneys request that the City of New York provide the CIS investigation materials as well as accident photos showing the position of the vehicles involved.

Auto Insurance Specialist (AIS) reports will typically include photos and measurements of accident scene details (such as skid marks and yaw marks), as well as statements from drivers and witnesses.

Accident victims can recover compensation, such as lost wages, hospital stays, doctor visits, prescription drug costs, physical therapy, pain and suffering, and any other economic loss.

Common Car Accident Injuries in NYC

Most car accidents result in severe injuries capable of transforming the lives of the victims.

Over the years, our personal injury attorneys have witnessed the scope and extent of the damages that many victims suffer during and after their car accidents.

Some of the most common car accident injuries in NYC include the following:

head injuries

Head injuries are very common in car accidents. The forces involved during a crash are enough to cause a person to lose control of their body.

As a consequence, victims may hit their heads against different parts of the vehicle such as the steering wheel, dashboard, or windshield.

This type of blow can cause severe trauma to the head area, which can lead to medical complications such as intracranial bleeding, bruising, and concussions.

Fortunately, you can fight back against those who caused your accident.

neck injuries

Neck injuries are also common in car accidents. The clearest example of this type of injury is whiplash.

This injury occurs as a result of a strong and sudden head shake. It is characterized by causing numbness in the neck area, numbness in the shoulders and hands, and a tingling sensation in the hands.

On many occasions, this type of injury requires an extensive recovery time that can last up to six months. Fortunately, our NYC car accident attorneys can help.

back injuries

Back injuries are among the most painful and dangerous injuries. This is because the spine and spinal cord are located in the back.

A severe injury that affects these parts directly can lead to serious medical conditions such as paralysis from the site of the injury downwards.

In general, back injuries may require emergency medical treatment, surgeries, and physical therapy.

bone fractures

Bone fractures often happen as a result of a car accident. These injuries are not only painful but can also be extremely dangerous, depending on your situation.

For example, broken bones can injure organs, break through the skin, and cause internal bleeding. Fortunately, you can sue those who caused your accident and fight for compensation.

Examples of Car Accident Cases in New York

Our trusted attorneys handle all types of New York car accident cases, including those involving:

Drunk drivers: Drivers who violate the rules of the road, such as speed limits, passing restrictions, one-way signs, stop signs, red lights, and road construction alerts.
Unsafe Crossing Drivers: Drivers who leave the roadway, get on the curb, swerve into the oncoming lane, or make other driving errors caused by inattention or fatigue.
Drivers leaving the scene of the accident: Drivers following the vehicle in front too closely.
Negligent acts like these, and many others, can cause serious car accidents resulting in serious injuries.

Get Back to Your Life After a New York Car Crash

If you have been injured in a car accident, get the legal advice you need. Call the New York City personal injury law firm for a free, no-obligation consultation. You can also fill out our online contact form to schedule your free initial consultation.

Answers to Frequently Asked Questions About Car Accidents in NYC

If you have any other questions about what to do after a car accident in New York, continue reading here:

What should I do if I am involved in a car accident in New York?

After being involved in a car accident in New York, the first thing you should do is find out if anyone needs medical assistance and, if necessary, call or have someone else call an ambulance.

When you are sure that the situation has stabilized and medical needs have been taken care of, begin gathering information about the accident. Our car accident attorneys recommend that you:

-Get as much information as possible about the driver and passengers of each vehicle, including names, addresses, phone numbers, driver’s license numbers and expiration dates, and insurance information.

-Write down the make, model, and license plate number of each car involved in the car accident. If possible, get the vehicle identification number (VIN) of the car.

-Talk to any witnesses and get their names and phone numbers. The outcome of car accident lawsuits in New York and in other parts of the country often hinges on witness statements.

-Get the names and badge numbers of the police officers on the scene. Ask how you can get a copy of the police report.

-Draw a diagram of how the accident happened and the final scene of the accident. It is important to do this while the details are still fresh in your mind.

-Carry a camera in your car at all times so you can photograph the scene of the accident. (You can also use your phone.) Take as many photos from as many angles as you think are necessary to thoroughly document the scene of the accident.

Should I see a doctor even if I have no apparent injuries?

Our New York City personal injury attorneys always recommend that car accident victims see a doctor before settling claims with insurance companies.

The doctor may find problems caused by the accident that could significantly affect your future health.

Seeing a doctor ensures that future problems if they occur, will be fairly compensated.

Can I negotiate with the insurance company myself?

Nothing prevents you from negotiating with insurance companies on your own.

However, we have seen many car accident lawsuits that could have been avoided if the accident victims had an attorney during negotiations with the insurance companies.

That is why we recommend that you consult an experienced attorney to represent you in any New York car accident claim. Remember, insurance companies rarely make a decision without consulting their attorneys.

You too deserve professional legal representation. Our car accident attorneys provide legal expertise and extensive personal injury litigation experience to help you obtain fair compensation when you are the victim of a car accident.

What Should You Do Immediately After a Car Accident?

Even a small car, truck, or other car accident can leave you panicked and shaken.

Unfortunately, in the turmoil of a motor vehicle collision, many people sabotage their legal rights or, worse, commit a crime by leaving the scene of an accident.

Our New York City car accident attorneys have put together a list of things to do in the event of a car accident so you can protect your rights, successfully collect insurance, and file a claim against responsible parties.

After a motor vehicle accident, you need to:

-Preserve Your Rights – First and foremost, don’t leave the scene of an accident. Doing so is a crime in many states.

-Collect Information – You are required to exchange your name, address, driver’s license, and insurance information with all drivers involved in the accident. Also, be sure to collect the names, addresses, and phone numbers of everyone involved in the car accident, including witnesses.

If you have a camera handy, it can help to take pictures to document the scene. Brake marks, road obstructions, and vehicle damage are important to document. Lastly, take note of any statements from the other parties involved in a car accident – they can be helpful later.

-Call the Police and Paramedics – If someone was injured in the accident, call the paramedics. Be prepared to give them the location of the car accident and the approximate number of people injured.

You may not be required to call the police, but it is recommended that you do so because the police will prepare a report containing important information about the accident. These car accident reports can help you later.

-Stay Safe – Avoid further accidents by moving your car out of the way of other drivers, if possible. Make your car visible to oncoming traffic by putting up flares, turning on your hazard lights, and raising the hood and trunk of your car.

-Do Not Admit Responsibility – While you may pass on facts about how the accident occurred, do not comment on your responsibility or fault for the accident. Do not admit liability to anyone, including passengers, other drivers, and the police.

At the scene of an accident, it is not always clear who was at fault. Accident fault is sometimes a confusing legal matter best left in the hands of our New York City car accident attorneys who represent accident victims across the United States.

-Promptly Notify Your Insurance Company – Give your insurance company immediate notice of the accident; otherwise, your insurance coverage may be denied.

Notify them by phone and also by using a method that provides documentation, such as certified mail or fax. Provide your insurance company with all the information they request.

If you contact our New York City car accident lawyers immediately after your accident, we can help you notify your insurance company.

-Visit a Doctor for your injuries – Injuries you have sustained in a car accident can take time to appear.

Therefore, you should see a doctor or go to a hospital to get checked for injuries after an accident, even if you only feel a little sore or shaken.

The cost of seeing a doctor may be covered by insurance, so ask your insurance agent.

Lastly, do not settle your injury claim until the doctor has determined the extent of your injuries.

-Help with Our Attorneys – Contact our car accident attorneys immediately after an accident.

We can guide you through the hectic aftermath of a car accident, inform you of your legal rights, and greatly improve your chances of obtaining compensation.

Car accidents are best investigated in a timely manner; as time passes, witness statements may change and physical evidence may be lost.

Therefore, If you or a family member has been seriously injured in a car accident in New York City, the attorneys at I urge you to seek medical help immediately.

Doing so will not only help ensure that you receive proper treatment for your injuries but will also be imperative to your personal injury claim if you decide to pursue legal action.

You should not have to bear the financial burden imposed on you by someone else’s negligent or reckless actions.

Our New York City car accident lawyers can protect your rights and help you through this difficult time in your life.

What is My Compensation for My Car Accident Injuries?

One of the most frequently asked questions to our attorneys is, “What kind of compensation can I expect if I win my car accident case?” This is a question to which we can offer a reasonable answer only after evaluating your potential claim and investigating the circumstances surrounding your injury.

However, there are a number of common criteria that can help you at least understand how “fair compensation” is determined.

There are a number of different factors that help determine what “fair compensation” may be for your injury claim. These include:

-The severity of your injury: Depending on the severity of the injuries you have suffered and the duration of the suffering, the equitable compensation varies.

If, as a result of your accident, you need surgery, signs of scarring or broken bones remain, you will generally receive more open compensation than if you suffered a “soft tissue injury” (a strain or sprain).

If you sustained a soft tissue injury, your recovery is generally based on the extent of your treatment.

-Special Damages: When an injury occurs, medical bills can add up and you may not be able to return to work, which could lead to lost wages.

The compensation varies accordingly because it is structured to adequately cover health care costs and to help alleviate the financial strain of lost wages due to time missed from work.

-Policy limits: New York law requires each car to have a minimum of $25,000 in liability coverage.

This means that if you and your family are seriously injured in a car accident with someone who carries this coverage, even if your injuries are serious and costly, you may not receive more than $25,000 for your personal injuries and $50,000 in total for your family’s claims.

New York also requires drivers to carry personal injury protection (PIP) and uninsured motorist coverage.

New York car accident attorneys can help you understand the necessary information about the insurance policy limits applicable to your case.

We may also “stack together” multiple uninsured and underinsured motorist and liability policies to ensure you receive the maximum recovery for your losses.

-Property Damage: The degree of damage to your property can significantly affect the amount of compensation you can recover for your injuries. For example, most insurance companies will not pay “soft tissue” claims as a result of a minor impact.

The “rule of thumb” is that an auto repair estimate that is less than $1,000 greatly reduces your chances of fair compensation.

-Willingness to Litigate: The idea of a court case is overwhelming for many people. we understand how insecure someone would feel about pursuing legal action.

However, New York car accident attorneys handle these types of matters every day. Don’t let fears or concerns about the legal system lead you to accept an offer from an insurance company that is less than you deserve.

Plaintiffs who are represented by a car accident attorney tend to receive higher settlements from insurance companies than those who attempt to resolve these matters without an attorney.

Insurance companies know that the people they represent can and will exercise their legal rights.

Auto accidents can be overwhelming and extremely damaging to the physical and emotional well-being of victims, especially when caused by a negligent or reckless driver.

If you or a member of your family has been injured in a car accident in Manhattan or elsewhere in New York, personal injury attorneys can provide you with sound legal advice and aggressive representation should you decide to file. a claim against the guilty party.

What determines the amount of compensation I will receive for damage to my vehicle?

-Property Damage Estimate: After an automobile accident (car or motorcycle), you will need to obtain an estimate of the damage to your vehicle.

You should make sure that the repair shop checks both the outer body and the chassis of the vehicle for damage, as there is a good chance you will have damage to both areas.

You should visit two different shops to get a quote; the first body shop must be one recommended by the insurance company and the second shop must be independent.

Doing this will give you the clearest, most neutral estimate for your damages.

-Total Loss: A vehicle is declared a total loss if the costs of its repairs are greater than the fair market value of the vehicle.

Fair market value is the amount of money your vehicle is worth if it was not damaged and was sold in today’s market.

For more information on the fair market value of your vehicle, visit the National Automobile Dealers Association (NADA) Guides website, where you can calculate the value of your vehicle by selecting the vehicle type, model year, and options.

-Can I have a rental car? Yes. Under New York law, you are entitled to a rental car if your vehicle is damaged in an accident that is not your fault.

If your vehicle is a “total loss,” you are eligible for a rental car from the day of your accident until the day you receive an offer from the insurance company for the damaged vehicle.

The insurance company for the damaged vehicle will not pay for the car rental after the day of your offer.

If your vehicle can be repaired, you are still entitled to a rental car while your vehicle is being repaired.

However, as soon as you are notified that your vehicle is ready for pickup, you are responsible for returning the rental car.

The insurance company of the damaged vehicle stops paying the rental of the vehicle when the vehicle is ready.

It is important that you contact the insurance adjuster about the property damage portion of your claim.

What is a Car Accident Cross-Examination?

There are many different aspects of the litigation process that you will experience and understand if you file a lawsuit. Personal injury lawsuit. One of the most well-known aspects of the process is questioning.

The cross-examination is an opportunity for each lawyer to ask questions of the witnesses presented by the other side during the trial.

You see this interaction a lot both in movies and on television as these cross-examinations turn into dramatic moments full of surprises. It’s not as dramatic in real life, but it can be remarkably revealing.

Cross examinations begin by asking each witness how they are related to the case.

They could be eyewitnesses to the scene of the accident, painting the picture of how the injuries occurred.

Or they could be expert witnesses here to testify on his behalf regarding his medical health and how his injuries affect him now and in the future.

With each of these witnesses, the attorneys are using their testimony to make their case and show that their side is correct.

In car accident cases, attorneys must prove that the fault for the accident and subsequent injury was likely caused by the other driver.

By asking each witness questions, we can go step by step through the accident case, his injuries, and what his future will look like.

Obtaining information from witnesses during an interrogation can be a difficult task.

Most people do not want to admit fault or that they were involved in causing or contributing to their injuries.

But as experienced attorneys, we are trying to prove your case and do so by asking tough questions that fully cover the scope of your accident.

This allows us to investigate the truth about how you were harmed so that you can win your personal injury claim and obtain the compensation you deserve.

New York Vehicle and Traffic Law and New York City Traffic Rules

Many New York car accident attorneys are unaware of the applicability and importance of alleging and proving violations of the applicable sections of the New York State Vehicle and Traffic Law.

These sections, when applicable, can be powerful evidence of negligence and can also be determinative of liability in certain cases.

Similarly, for accidents that occur within New York City boroughs, many attorneys are not even aware of the New York City Rules of the Road and their potential applicability to an accident.

That is why it is so important to hire experienced motor vehicle litigation attorneys who have the knowledge and experience necessary to maximize your recovery.

For example, in cases where an injured person was struck by a vehicle turning left while the injured person was traveling in a straight line and with the right of way, there is a specific section of the Vehicle and Traffic Law applicable to such a situation:

Vehicle and Traffic Law §1141:

“The driver of a vehicle attempting to make a left turn within an intersection or into an alley, private driveway, or driveway shall yield to any vehicle approaching from the opposite direction that is within the intersection or so close so as to constitute an immediate danger.”

Several other Vehicle and Traffic Law Sections frequently plead in motor vehicle accident cases include:

VTL 1110 – Obedience and Required Traffic Control Devices
VTL 1128 – Driving on roads for traffic
VTL 1129 – Following too closely
VTL 1180 – Basic Rule and Maximum Limits
VTL 1212 – Reckless Driving
VTL 1225-c – Use of mobile phones

In addition to the New York State Vehicle and Traffic Law, accidents that occur within New York City may be subject to the New York City Traffic Rules. These rules are promulgated by the New York City Department of Transportation. Its purpose comes directly from the NYC DOT:

“The New York City Rules of Traffic comprise Chapter 4 of Title 34 of the New York City Rules. It includes rules on traffic signals, pedestrians, turn restrictions, speed restrictions, other movement restrictions , parking, stopping, and standing rules; rules for buses, taxis, and for-hire vehicles; truck routes; park and park rules; vehicle size and weight limitations; and other information.”

New York car accident attorneys should be familiar with these rules, as their violation can constitute evidence of negligence for an offending driver.

Be sure to ask all the right questions:

-Does the insurance company work with car rental companies?
-Will the rental car company bill the insurance company directly?
-What is the maximum daily rate that the insurance company will approve?
-When will I have to return the rented car?

Having a clear answer to these questions will make your car rental process much easier.

You may have rental car reimbursement coverage under your own auto insurance policy.

This coverage allows you to obtain a rental car no matter who was at fault for the accident.

However, the deadlines mentioned above generally apply here as well. You should check your policy very carefully and communicate fully with the insurance adjuster to avoid any mistakes.