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2.1 Million Motor Vehicle Accident
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1.7 Million Commercial Auto AccidentRecord-Setting
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1.2 Million Rideshare Vehicle AccidentRecord-Setting
Common Causes in Car Accidents
Understanding the common causes can help establish fault and build a strong compensation case.
- Distracted Driving: Distracted driving is considered one of the leading causes of car accidents. Whether it involves texting, talking on the phone, eating, or changing the radio, any activity that takes a driver's attention away from the road increases the likelihood of a collision.
- Speeding: Speeding significantly reduces a driver's ability to react to sudden changes in traffic conditions. Because of the increased force of impact, high-speed collisions often result in severe injuries.
- Drunk Driving: Driving under the influence of alcohol or drugs is a grave offense that poses a grave danger to all road users. Drunk drivers exhibit impaired judgment, slower reaction times, and diminished coordination, leading to devastating accidents.
- Reckless Driving: Reckless driving encompasses a variety of dangerous behaviors, including aggressive driving, tailgating, and excessive lane changes. These actions indicate a blatant disregard for the safety of others on the road.
- Weather Conditions: Adverse weather conditions such as rain, snow, and fog can make driving hazardous. While drivers are expected to modify their driving to suit the weather, not all do so responsibly.
- Vehicle Defects: Sometimes, car accidents result from mechanical failures or defects in the vehicle. Faulty brakes, tire blowouts, or steering issues could result in loss of control and subsequent collisions.
No-Fault Car Insurance
After being injured in a traffic crash in Queens, you will most likely need to file a claim under your own personal injury protection (PIP), regardless of who caused the accident. This is because New York is a no-fault insurance state.
PIP insurance covers three basic things:
- Medical expenses
- Economic losses
- Funeral and burial costs
Unfortunately, PIP insurance does not cover non-monetary losses, like pain and suffering. Recovery for these damages must be pursued through filing a third-party insurance claim or lawsuit directly against an at-fault driver. To do so, your injuries must qualify as “serious.”
According to New York state law, serious injuriescan involve:
- Bone fractures
- Substantial disfigurement
- 90 days of full disability
- Significant limitation of bodily functions
- Permanent limitation of body members or organs
How Do You Prove Negligence After a Car Accident in New York?
In New York, establishing negligence is a fundamental element when seeking compensation for damages resulting from a car accident. While the state follows a no-fault insurance system, which means each party's insurance covers their medical expenses and lost earnings regardless of who is at fault, there are exceptions.
To prove negligence after a car accident in New York, the injured party must demonstrate four key elements:
- Duty of Care: The injured party must show that the other driver owed them a duty of care. This duty is inherent in operating a motor vehicle responsibly and abiding by traffic laws.
- Breach of Duty: It must be proven that the duty of care was breached by the at-fault party. This could involve actions such as speeding, running a red light, or driving recklessly. It’s important to note that some accidents are just unavoidable and the other driver reasonably did everything they could.
- Causation: There should be a clear link between the breach of duty and the injuries sustained by the victim. Establishing that the at-fault party's actions directly caused the accident and subsequent harm is essential.
- Damages: Finally, the injured party must provide evidence of actual damages, whether they be physical injuries, property damage, or mental distress like PTSD. You cannot sue for damages that could have been, they must be real.
Collecting evidence is paramount in proving negligence. This may include photographs of the accident scene, witness statements, police reports, and medical records. Consulting with an experienced personal injury attorney can greatly assist in navigating the legal complexities associated with proving negligence and seeking appropriate compensation.
Hurt after a serious car wreck, do not hesitate to reach out to a qualified car accident attorney in Queens at Law Office of Seni Popat, P.C.. Call (718) 340-3385 to request a consultation.
How Long Do You Have to File a Lawsuit After a Car Accident in New York?
Understanding the statute of limitations is critical when considering legal action after a car accident in New York. The statute of limitations sets a deadline within which a lawsuit must be filed. In New York, the general statute of limitations for personal injury claims from a car accident is three years.
The three-year time frame typically starts from the date of the accident. However, there can be exceptions based on the specific circumstances of the case. For instance, if the car accident resulted in a fatality, the family of the deceased has two years from the date of death to file a wrongful death lawsuit.
It's crucial to be mindful of these deadlines, as failing to file within the prescribed time frame may result in the forfeiture of the right to pursue legal action. Initiating the legal process promptly also allows for a thorough investigation, collection of evidence, and preparation of a strong case.
What Is My Car Accident Case Worth?
To determine the value of your vehicle accident lawsuit, you must consider various aspects specific to your scenario. The factors that determine the worth of your case is essentially the types of damages that are available if you are the victim of a car accident. At Law Office of Seni Popat, P.C., our seasoned Queens auto accident attorneys can walk you through the car accident claims process and help you determine the possible worth of your claim.
Factors that determine how much your car accident case is worth:
- Let's start with the costs of medical care. This covers the price of any necessary follow-up medical care as well as emergency care, hospital stays, operations, prescription drugs, and rehabilitation. A thorough documentation of these expenses is essential for a precise assessment.
- Loss of pay is a second important factor. In the event that your injuries have prevented you from working, you may be able to receive compensation for lost wages as well as future earnings in the event that your inability to work is permanently affected.
- Pain and suffering need to be taken into account next. This includes any psychological and/or physical discomfort that follows the accident. Even though it's harder to measure, pain and suffering have a big impact on your total compensation.
- Additionally, property damage to your vehicle and any personal belongings must be accounted for. This includes repair or replacement costs.
- Other considerations include loss of consortium, which refers to the effect your injuries have on the relationship with your spouse or family, and, in some situations, punitive damages are available if the defendant's actions were exceptionally heinous.
- As skilled car accident lawyers in Queens, we also evaluate comparative fault and liability levels that could affect the settlement amount. Since every situation is different, speaking with an experienced lawyer is necessary to determine the value of your claim.
What to Do After A Car Accident
Car accidents are one of the most common forms of personal injury. Currently, for New York residents, motor vehicle crashes are the leading cause of injury-related death. Since there is no way to predict how an accident could affect you, it’s important to understand what to do if you’ve been harmed by one.
Why Choose the Law Office of Seni Popat, P.C.?
Our team can help you with:
- Extensive Experience: With years of experience handling car accident cases in Queens, we have the knowledge and expertise to steer the complexities of personal injury law.
- Personalized Attention: Every case is unique. We provide tailored legal strategies to meet each client's needs, ensuring personalized attention and dedication.
- Aggressive Representation: We are committed to vigorously defending your legal rights and pursuing maximum compensation for your injuries, lost wages, and other damages.
- Compassionate Support: Understanding the physical, emotional, and financial toll of a car accident, we offer compassionate support during the legal process, keeping you informed every step.
Here are some helpful tips.
Call 911.
It’s important to remain as calm as possible after any personal injury. Contact the police. This is especially crucial in a car accident. Don’t make any rash judgment that could hurt you physically and financially. Don’t take immediate blame for the accident—have the authorities intervene. Remain safe directly following the accident.
Get medical help.
As always, safety first. If you are injured in the accident, your wellbeing is most important. Ensure you cooperate with police or EMS to handle any injury. Medical expenses can be compensated for later. Do not be afraid to prioritize any injury you may have. Assess the seriousness of any harm and keep medical records. You can later turn those documents over to your attorney for proper compensation.
Exchange information.
New York State Vehicle and Traffic Law require you to exchange information with the other driver(s). This includes driver’s license information, license plate number, insurance information, and registration. Be forthright with the other individual(s) affected by the accident so that you are provided with all potentially necessary information. Do not discuss fault or anything outside of basic informational exchange.
Helpful Tips Continued…
Get contact information from witnesses.
Witnesses can be vital in clearing up what actually happened in an accident. Since the majority of the time, the only witnesses are the drivers, getting contact information from a third-party witness can be extremely helpful. If both drivers are contesting the fault of an accident, having a strong witness helps the adjustor compare the drivers’ stories to an independent account. It is impor,tant the,ough to consider the credibility of the witness. A reliable witness was not alerted to the scene by the sound of a crash but was at the scene and can recount the full extent of the accident.
Take photographs.
Documenting the accident with photographs is critical. When insurance adjusters are investigating the accident, photographs provide indisputable proof of the damage at the time of the accident. In addition, photographs can also prove the location of the accident and if there were any poor weather conditions. Photographs should not only be of the car, but any images of the surrounding area that help piece together the scene.
Have the car towed, if necessary.
If your car is damaged enough, it may need to be towed. Since fault is not always determined at the moment of a crash, it will not be clear in the moment whose insurance will cover the towing. Instead of calling the insurance company to inquire about towing, you should contact a towing company by yourself and keep receipts of the cost.
Report the accident and contact your attorney first.
Never speak with the insurance company without first contacting our office. They record your conversations and will use anything you say against you during the pendency of your claim. If property damage exceeds $1,000, you are required by New York State Vehicle and Traffic Law to file an accident report to the DMV (MV-104) no more than 10 days after the accident. Before you contact your insurance, it is extremely important to contact an experienced attorney. No-fault insurance and at-fault liability insurance can be confusing. An attorney can help you navigate the route for compensation or sue for personal injury. Insurance companies attempt to settle your case quickly and efficiently with the least amount of expense, but an attorney will ensure your rights are protected through the process.
Car accidents are an unforeseen tragedy. It is imperative to understand the necessary actions to take after an accident so that you can limit long-term impact. This includes understanding the priority of safety, laws, and insurance claims. We are available to help you manage the procedure following a car accident.
If you or someone you know has recently experienced a car accident, or if you have questions about the matter, contact our offices at (718) 340-3385.
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