Car crashes have serious medical, financial, and long-term emotional effects on their victims, and if there is a responsible party that was negligent, they need to be held accountable.
Some of the ways another party can be negligent in a motor vehicle accident include:
Texting while driving
Failing to yield the right of way
Driving under the influence of drugs or alcohol
Failing to obey traffic laws (by running stop signs, red lights, not yielding, etc.)
Failing to be vigilant or alert while driving
Making sudden stops, stopping over the line of an intersection
Failing to signal or use other critical vehicle equipment property
What should you do after a car accident that causes a personal injury?
The first critical thing to know is regardless of your fault in an accident, no-fault insurance will pay up to $50,000 of your medical expenses and lost wages resulting from an accident.
If you or a passenger is physically able to, it’s important to get as many photos as possible of the scene of the accident and the damages; showing how the cars came to rest, any stains on the ground, gouge marks on the ground, any debris, and providing context with the surroundings. Please: if you are injured, please don’t put yourself at further risk to obtain evidence. If the police arrive at the scene of the accident, they will take statements from everyone involved in the accident and witnesses; they may also make their own judgments or observations about evidence that suggests fault by either party.
As soon as possible, it’s important to get checked out by a physician. Even if your injuries don’t seem like a big deal, it’s possible that there’s something more serious going on that could hurt you years down the line, after the statute of limitation has passed.
If you suffered a serious injury, the responsible insurance company will most do all that they can to deny you the full compensation for your pain and suffering. It’s important to call us at 845-600-0000 to receive a free consultation as soon as possible, because insurance companies will try all kinds of tactics to get you to accept less than the full compensation. They have no obligation to treat you fairly, and they may pressure you into making certain medical decisions or sharing your medical records with them. We also recommend not posting about your physical condition on social media and being as private as possible; any information you share may be used against you in a lawsuit.
We Aggressively Represent Car Accident Victims
Commercial Vehicle Accidents
If an accident is caused by an individual, smaller auto claims can usually be settled quickly via insurance, but the largest claims will typically be larger than what most individual driver’s insurances can cover. That’s not an issue for commercial vehicle cases, because there’s typically more expansive coverage, which can more completely compensate victims for the damage to their selves, their vehicles, and their enjoyment of life.
With more expansive coverage comes greater opposition. We work with our clients to provide documentation and expertise to support their commercial vehicle claim, and have the experience to anticipate how our opposition will work to disprove the claim.
Drunk Driving Accident Victims
Even if a drunk or intoxicated motorist causes an accident, there is no clear New York liability laws or statutes that automatically make them liable for it. If you are the victim of a drunk driving accident and the driver is convicted of a DUI, you still have to prove that you are not liable and seek compensation. And even if the driver was not proven to be legally drunk through a BAC (blood alcohol concentration) test, it’s still possible that they were driving under the influence and got away with it, by examining police reports and eyewitness statements for evidence of the driver weaving across traffic, driving too fast or slow, failing to use their headlights, slurring speech or having red or glassy eyes.
Hit and Run Accidents
Hit and run accidents are when a motorist is the cause of a collision and flees the scene to avoid dealing with the consequences of their mistake. While much of motor vehicle accident law is focused on gaining restitution from the party at fault, in hit and run accidents, the victim may seek an award from their own insurance company.
If you’re reading this right after a hit and run accident, time is of the essence; take photos, call the police and ask for a report, talk to eyewitnesses, inform your car insurer, and contact us at (845)600-0000 as soon as possible. We’ll walk you through how to file the correct documentation and records to get the best possible result.
According to AAA, 65% of hit and run accidents are pedestrians or bicyclists. Even though you weren’t in a vehicle, and even if you don’t even own a vehicle, it still may be possible to file a No-Fault claim through a family member’s insurance policy or via the New York State Motor Vehicle Accident Indemnification Corporation.
No-Fault Insurance Accidents
No fault insurance refers to insurance that covers you no matter if you caused the accident or not, even if you’re a pedestrian or bicyclist hit by a vehicle (as in hit and run accidents described above). It covers victims for any lost wages, medical bills or other expenses related to getting hit by a vehicle. Your insurance carrier must be provided with written notice within 30 days of an accident, with rare exceptions that we can explain in a consultation.
Vehicles in New York State typically carry at least $50,000 in no-fault coverage for each occupant of the vehicle, with wage loss paid back at a non-taxable rate of 80% of one’s monthly gross wages, as well as any medical supplies and related expenses.
Unfortunately, no-fault insurance does not extend to passengers and uninsured motorists or occupants. You may qualify if you occupy someone else’s uninsured vehicle if you are not a resident of the same household and carry your own insurance policy (or are covered by a relative that you live with).
Roof Crushes and Rollover Accidents
If your vehicle’s roof is crushed or caves in during an auto accident, you may be entitled to compensation. Th Despite decades of evidence to the contrary, many auto manufacturers are negligent in designing their vehicles to have adequate roof support and roll bars to prevent roofs from crushing or collapsing when their vehicles flip over. They also may have produced or installed the roof in a defective or improper manner. If you are a roof crush or rollover accident victim, it may be appropriate to file a liability lawsuit against the manufacturer of your vehicle.
Rear-End Collisions
Most rear-end collisions take place at less than 10 miles per hour, but can still cause a myriad of serious long-term injuries that require expensive medical care. Typically, it’s the rear-ending driver that’s at fault, due to inattentiveness; perhaps from using a cell phone or driving while impaired. Additionally, your car manufacturer may be at fault; they’re legally required to build a bumper that protects the car, but not necessarily the driver or occupants. Insurance companies and car manufacturers are very experienced at disputing claims from injured drivers and occupants, but we have the experience and tenacity to get the fairest possible result for you during the settlement process.
Uninsured/Underinsured Motorist Accidents
Even though the law says that all drivers must carry insurance in the State of New York, there’s still a large percentage of drivers who have none. If you’ve been injured in an accident at the hands of an under or uninsured driver, you still have options for covering your medical bills and financial injury. While you may be technically covered by your insurance company’s underinsured or uninsured motorist policy, they may attempt to limit the amount of compensation that they pay you, deny your claim altogether, or delay payment as much as they can. Our experienced team can help prevent them from taking advantage of you, with a thorough investigation of the accident, witness interviews, and tough negotiations for the best possible outcome.
