Our NYC car accident lawyers have decades of experience representing people who have been seriously injured or killed in auto accidents in New York. Car accident attorneys realize the long-term effects on injured individuals and their families following an auto accident. Victims of car accidents may face debilitating injuries, such as brain damage, burns, broken bones, amputations and internal bleeding. The injuries suffered in car accidents may force the victims and their families to face a number of hardships, such as emotional and financial strain. In addition to severe injuries, car accidents often prove to be fatal. Thousands of motorists lose their lives each year in fatal traffic accidents, while millions are injured. New York City has one of the highest concentrations of motor vehicle deaths in the State of New York.
Fortunately, individuals who have suffered a serious injury in a car accident may be able to recoup damages for their injuries through a car accident injury lawsuit. If the accident victim's injury was fatal, their family may be eligible to receive compensation for damages through a wrongful car accident death lawsuit. At Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP, our New York car accident attorneys understand the hardships that victims face following an avoidable accident. While we know we cannot erase the long-term physical or emotional damage caused by an accident, our car accident attorneys do their best to help ease our clients' financial burdens by pursuing maximum compensation in a lawsuit.
Why Hire A Car Accident Attorney Following A Vehicle Accident?
An NYC car accident lawyer can help you through the complicated process of a lawsuit to ensure that you receive the proper compensation that you deserve. Our experienced car accident lawyers can simplify this process and file any of the necessary paperwork for your case. We will work with insurance companies to ensure that you are not taken advantage of and are treated fairly. Our team of car accident attorneys can help in the following ways:
Filing A No-Fault Auto Accident Claim: In the state of New York, insurance may be responsible for paying all necessary medical expenses following a car accident if eligibility requirements are met. You may also be entitled to compensation for lost wages of up to $2,000 dollars a month. In order to receive these benefits, a no-fault claim must be filed within 30 days of your accident. These claims can often be confusing to file and may be difficult to complete as you heal from your accident. Our attorney can help simplify the application process to ensure your claim is filed promptly and correctly.
Determining Liability: Each party’s fault is determined out of 100%, which means one party can be completely at fault or both parties share some percentage of fault. Our car accident attorneys can help prove that you were not at fault or at a significantly lower percentage than the other party, which may entitle you to compensation.
Proving Serious Injuries: While many serious injuries sustained from a car accident are obvious, some injuries may be mental, emotional, or lie in a legally gray area. Our team of car accident attorneys can help prove the existence of serious injuries, which is pivotal for victims to be compensated appropriately.
What Are Some Common Car Accident Injuries?
The type of injury that can be suffered in a car crash varies greatly depending on the circumstances surrounding the accident. Small accidents can result in minor injuries such as bruises, lacerations or broken bones. Major car accidents, however, can have lifelong consequences for victims, such as brain damage or even death. Our NYC car accident lawyers represent clients who have suffered any type of serious injury, including:
- Spinal Cord Damage
- Amputations
- Back Injuries
- Brain Injuries
- Burn Injuries
- Neck Injuries
- Spinal Injuries
- Severe Head Injuries
- Wrongful Death
What Are Some Causes Of Car Accidents In New York City?
Car accidents can be caused by numerous factors. Not every accident that results in an injury, however, presents grounds for a lawsuit by our NYC car accident lawyers. Individuals may have grounds for an auto accident claim if they suffered an injury in an accident that was caused by any of the following:
- Driver was inattentive behind the wheel
- Talking on the phone or texting while driving
- Driver was under the influence of drugs or alcohol
- Speeding
- Failure to signal while changing lanes
- Tailgating
- Failure to obey traffic signs
- Failure to yield
- The roadway had defects, such as a poor design or negligent maintenance
- The vehicle had a mechanical defect which led to the accident
While all of the aforementioned causes are the result of negligence, they do not necessarily present the injured party with grounds for a lawsuit. In order to have a valid lawsuit, the injured individual must be able to prove that the responsible party's negligence was directly accountable for the accident. For instance, if 1 driver acted negligently, but their negligence was not the cause of the accident, they cannot be found liable. Additionally, the injured individual must have suffered either economic (monetary loss) or non-economic (pain and suffering) damages to have grounds for a case.
What Should I Do If I Am In A Car Accident?
You should always report the accident to the police, regardless of how minor it is. Write down the names, addresses and phone numbers of any witnesses. Make sure the police give you a copy of the driver exchange information form. Give your insurance company a call immediately following the accident for further instructions. Failure to report your accident may result in your insurance company denying payment of any claims you subsequently file. Within 30 days of receiving proper notice of the claim, your insurance company must notify you whether it will pay or deny your claim or that the claim is being investigated.
If The Car Accident Is Not My Fault, Do I Have To Let My Own Insurance Know About It?
Yes, you need to inform your insurance company of the accident.
What Are Some Of The Most Common Types Of Auto Accidents?
Our New York auto accident attorneys find that the majority of car accidents that occur are the result of a negligent driver. A distracted, careless, or reckless driver can cause a serious accident, which can result in severe injuries and even death. No matter what type of car accident you experience, our car accident attorneys can review your case to determine if you are entitled to compensation.
What Is A Car Accident Cross-Examination?
There are a lot of different aspects to the litigation process that you will get to experience and understand if you file a personal injury lawsuit. One of the most known aspects of the process is cross-examination. Cross-examination is an opportunity for each attorney to ask questions of the witnesses brought forth by the other side during trial. You see this interaction a lot in both movies and television as these cross-examinations play out into dramatic moments full of surprises. It’s not as dramatic in real life, but can be remarkably revealing.
Cross-examinations begin by asking each witness how they are related to the case. They could be an eyewitness to the scene of the accident, painting the picture of how your injuries occurred. Or they could be a witness here to testify on your behalf regarding your medical health and how your injuries affect you now and into the future. With each of these witnesses, the attorneys are using their testimony to present your case and prove their side is right. In car accident cases, attorneys must prove that the fault of the accident and subsequent injury was likely caused by the other driver. By asking each witness questions, we're able to go step-by-step through the accident case, your injuries and how your future will look.
Getting information out of witnesses during a cross-examination can be a difficult task. Most people do not want to admit fault or that they had any part in causing or contributing to your injuries. But as experienced auto accident attorneys in NYC, we're looking to prove your case and do so by asking tough questions that fully cover the extent of your accident. This allows us to probe for the truth in how you were harmed so that you can win your personal injury lawsuit and get the compensation you deserve.
New York Vehicle And Traffic Law And The Traffic Rules Of The City Of New York
Many NYC car accident lawyers are unaware of the applicability and importance of pleading and proving violations of the applicable sections of the New York State Vehicle and Traffic Law. These sections, where applicable, can be powerful evidence of negligence and also be determinative of liability in certain cases. Similarly, for accidents which occur within the boroughs of the City of New York, many attorneys are not even aware of the Traffic Rules of the City of New York and their potential applicability to a given accident. This is why it is so critical to hire attorneys experienced in motor vehicle litigation who have the skills necessary to maximize your recovery.
For example, in cases where an injured person was struck by a left-hand turning vehicle while the injured person was traveling straight 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 intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.”
Various other Vehicle and Traffic Law Sections frequently plead in motor vehicle accident cases include:
- VTL 1110 - Obedience to and required traffic-control devices
- VTL 1128 - Driving on roadways laned for traffic
- VTL 1129 - Following too closely
- VTL 1180 - Basic rule and maximum limits
- VTL 1212 - Reckless driving
- VTL 1225-c - Use of mobile telephones
In addition to the New York State Vehicle and Traffic Law, accidents which occur within New York City may be subject to the Traffic Rules of the City of New York. These rules are promulgated by the New York City Department of Transportation. Their purpose comes directly from the NYC DOT:
"The New York City Traffic Rules comprise Chapter 4 of Title 34 of the Rules of the City of New York. It includes rules on traffic signals; pedestrians; restrictions on turns; speed restrictions; other restrictions on movement; rules for parking, stopping and standing; rules for buses, taxis and for-hire vehicles; truck routes; rules pertaining to parkways and parks; limitations upon dimensions and weight of vehicles; and other information."
NYC car accident lawyers should be familiar with these rules as their violation may constitute some evidence of negligence for an offending driver.
No-Fault Claims And Compensation For Auto Accident Victims
Every car insurance policy in New York State provides a minimum of $50,000 in no-fault or personal injury protection (PIP) coverage. In New York, the car insurance policy that covers the vehicle you are operating, or are a passenger in, provides the no-fault coverage in the event of an accident. Also, if you are a pedestrian injured in a car accident, the insurance policy of the car that struck you is obligated to provide you with no-fault benefits, even if the other vehicle, or the pedestrian, was primarily or even 100% responsible for causing the accident.
No-fault benefits include and provide all necessary medical expenses incurred, including:
- Hospital Bills
- Any Necessary Surgeries
- Nursing Care
- Dental Procedures
- Ambulance Trips
- X-Rays
- Prescriptions For Medication
- Prosthetic Devices
- Psychiatry
- Physical Therapy
- Occupational Therapy And Rehabilitation
No-fault benefits cover loss of earnings up to $2,000 per month, and all other reasonable and necessary expenses incurred up to $25 per day, for household help and for transportation to and from medical appointments. In order to be eligible for these benefits, an application must be signed and filed with the appropriate insurance company within 30 days of the accident. A failure to timely file an application may well jeopardize your rights to these benefits. Therefore, it is important that you contact a New York auto accident lawyer as soon as possible to ensure that you receive every benefit that you are entitled to under the law.
New York State Requires Individuals To Purchase Liability/Bodily Injury Insurance To Protect Drivers, Passengers, Other Motorists And Pedestrians In The Event Of A Car Accident
Every car insurance policy, as mandated by New York law, provides minimum limits of at least $25,000 per person and $50,000 per accident in liability or bodily injury coverage. These requirements mean that any individual injured in an accident may collect no more than $25,000 from the insurance carrier of the owner or driver of the car that caused the accident. It also means that the insurance carrier is only obligated to pay up to a total of $50,000 no matter how many people are injured in the accident and have suffered bodily injuries. New York car insurance policies must also provide for a minimum death benefit of $50,000 in the unfortunate event that someone is killed in a car accident. It should also be noted that New York's mandatory insurance amounts differ when it comes to for-hire transportation. Vehicles for-hire, such as a yellow taxi cab, black car, limousine or other livery vehicles, that are licensed to operate in New York City, are required by the New York City Taxi and Limousine Commission to be insured with liability/bodily injury limits of $100,000 per person and $300,000 per accident.
The aforementioned insurance requirements are merely the minimum insurance coverage amounts or limits for liability or bodily injury that New York law requires for privately owned or for-hire automobiles. Many vehicle owners in New York choose to insure their vehicle and themselves with significantly higher liability/bodily injury insurance coverage limits that would be available to compensate someone that is injured in a car accident. Also, most commercial, business and company owned vehicles have insurance policies with liability or bodily injury limits that far exceed the New York State minimums and often provide up to $1 million or more in coverage. As a result, it is extremely important that you contact an NYC car accident lawyer as soon as possible, as they can investigate and determine the type and amount of liability/bodily injury coverage that may be available as compensation for your injuries.