New York Driver Facing Criminal Charges And Possible Lawsuits

After causing a series of events that serious injured several people, New York police officers have placed one man under arrest.

Cutting It Too Close

The 28-year-old driver was behind the wheel of a Honda Civic on a Bronx highway at 2:30 a.m. on Saturday, October 15th, when he attempted to pass a tractor-trailer. He misjudged the distance between accident caused by driver with criminal chargesthe two vehicles and clipped the corner of the Civic on the back of the truck. The impact caused him to lose control of his car and spin into another lane, where he struck a Volkswagon Passat carrying two people.

This second impact caused the Passat to flip.

Of the five people involved in the multi-car accident, only the truck driver was uninjured. The driver of the Civic sustained minor injuries, however, his passenger was in serious condition with an open head wound. The two people in the Passat were both seriously injured, although their injuries are not considered life-threatening. All four were rushed to a nearby hospital for treatment.

Upon his release, officers placed the first driver under arrest for aggravated unlicensed operation of a motor vehicle.

Potential Lawsuits

It is also possible that all three of the victims may file a car accident lawsuit against him in order to regain compensation for their losses.

Although New York is a “no-fault” state in which the driver of each vehicle turns to their own insurance carrier for compensation after an accident, regardless of who was at fault, there are instances in which a victim is allowed to sue the party responsible. In order to be eligible for a lawsuit, the victim must have:

  • x-ray of fractured bonebeen disfigured
  • sustained a broken bone
  • lost the use of a limb or organ
  • have a significant limitation on a bodily function
  • or are placed on full disability for 90 days or more

While it hasn’t been confirmed that the three victims meet these requirements, it is likely that at least one of them, particularly the passenger with the open head wound, will.

The Cost Of Head Wounds

Head wounds are not simply visual – they can seriously impact the victim’s way of life. It doesn’t matter if the head wound is open or closed, the patient may have numerous symptoms including memory loss, speech deficits, changes to fine motor function, paralysis, chronic headache, vision changes, and can go into a coma. The brain is still very much a mystery despite the advances made in medicine and even with similar injuries, two patients can present completely differently.

The treatment for head injuries is costly, with most patients ending up with medical bills between $80,000 – $3 million. These amounts are much more than the state minimum requirements for car insurance coverage, which means car accident victims who have sustained a head injury typically end up in debt through no fault of their own. That’s why it is incredibly important that anyone who has been injured in a car accident to contact an attorney immediately so that legal action can take place in a timely manner.

How Long Does It Take To Get Compensation?

Every lawsuit is different, but typically, it takes months for a lawsuit to conclude. First, a team of experienced attorneys will review the case, determine what the current and potential future losses may be, and then file the initial paperwork. Then, the discovery phase begins where both sides are given an opportunity to collect evidence and consult with experts who may be able to weigh in on the case.

In some cases, an offer to settle is made. At that time, the offer will be presented to the plaintiff and their lawyer can discuss the benefits of accepting or rejecting that offer. Most offers are worth taking a look at, saving both parties time and money, while still getting the plaintiff what they need to move on. In fact, most lawsuits end with a settlement. If this offer is rejected, the case will go to court, which will add additional time to the case.

To learn more about how much your case might be worth and the process of filing a lawsuit, contact us today for your free consultation.

By | 2016-12-30T12:47:01+00:00 October 26th, 2016|Car / Auto Accidents|

About the Author:

Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.

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