How Much Is My Car Accident Lawsuit Worth?
While each auto accident personal injury claim varies greatly on the facts, our experienced auto accident lawyers assess all types of compensation recovery options in your case. Typical options include:
- General Damages for past and future emotional and physical pain and suffering
- Punitive Damages to punish the defendant for their negligence
- Special Damages for past and future medical expenses, property damage, and loss of income
- Damages in Wrongful Death Cases – including loss of companionship, burial costs, and loss of future income
Our experienced lawyers will thoroughly investigate your claim and with a detailed legal analysis determine a strategy for your case. First, we assess to see whether a claim should be brought under the no-fault insurance laws of New York. Typically these are pretty restricted recoveries, however, they are usually used in circumstances where the fault for the auto accident truthfully lies with our client. Next, we will determine if the party at fault has insurance coverage, as this will determine if we will be using New York uninsured motorist coverage laws under your insurance policy. If we determine that fault lays with another insured motorist, we will develop a different strategy to ensure you get substantial compensation for your pain and suffering.
Contact our New York auto accident lawyers today to discuss the specifics of your accident and we can better guide you as to the potential value of your auto accident lawsuit.
Common Types Of Auto Accidents in New York
The term “Auto Accident” is broad when it comes to a personal injury matter in New York. At Banville Law, we represent families and individuals who have lost a loved one or have been severely injured in an auto accident. Over the years, we have successfully fought insurance companies and recovered millions of dollars in compensation for clients who were injured in the following types of accidents:
- Car Accidents including SUVs
- Truck Accidents including commercial vehicles, tractor trailers, 18-wheelers, and garbage trucks
- Motorcycle Accidents including mopeds and scooters
- Bicycle Accidents including segways
- Taxi Cab Accidents including hackneys and services such as Uber
- Bus Accidents including coaches and public transit
- Train Accidents including subway and public transit
- Boating Accidents including jet skis and ferries
- ATV Accidents
- Pedestrian Accidents
- Airplane or Aviation Accidents
Typical Causes of Auto and Car Accidents
As previously outlined, our New York auto accident attorneys investigate each incident to determine fault and causation. This is key to choosing the best legal strategy for your recovery. Over the years, we have seen a lot of different causes of auto accidents that have lead to significant settlements for our clients. Here is a listing of some of the most common causes of New York auto accidents:
Texting Or Using Phone While Driving
With the prolific explosion of use of cell phone through all ages of society today, comes the dangers of distraction. This is especially true when it comes to operating a vehicle. According to the Governor of New York, there were 25,165 fatal and personal injury auto accidents in the state of New York in 2011 due to distracted driving. Texting while driving or using your phone while driving is illegal in New York and is a common cause of auto accidents. Read more here.
Drunk Driving / Intoxicated Driver
Unfortunately, drunk driving is far too common today. As soon as alcohol enters the blood stream it gets to work impairing many bodily functions which results in bad decision making and reckless driving, among other actions. Our attorneys regularly see cases where drunk driving lead to excessive speeding, driving on the wrong side of the road or on one-way streets, disobeying traffic lights and road rules, and misjudging stopped traffic – resulting in nasty rear-end accidents. Our attorneys will bring the facts to light and may even be able to attach those responsible for serving alcohol to the offending driver.
SUV and Large Vehicle Rollover
We also often see severe injuries and preventable deaths because of rollover accidents. These types of accidents regularly happen with SUV or Sports Utility Vehicles and larger passenger vehicles. Our personal injury lawyers have been successful in bringing lawsuits for negligent design and road defects that caused the rollover accident.
Road Rage Driven Accidents
With more drivers on the road in New York than ever before, traffic conditions have lead to flared tempers. These stressful situations often lead people to become distracted and react by speeding, driving aggressively, and intentionally trying to do harm to another by using their vehicle. In other words, assault by vehicle. Such actions often result in serious injury or death. Our personal injury attorneys have successfully recovered for injuries and wrongful death against defendants who exhibited “road rage”.
Head On Collisions
A head on collision is widely cited by medical experts as one of the most severe in terms of resulting injuries from auto accidents. Unfortunately, many of these cases involve claims for wrongful death on behalf of the families who have to get by without their loved one. In many other situations quadriplegia, paraplegia, and traumatic brain injuries are the results. Such auto accident cases are defended vehemently by insurance companies because of the substantial damages sought. As a result, you will need an experienced, detail-oriented, and aggressive legal team to investigate, prepare, and fight your case.
Driver Error and Negligence
In an auto accident case, our attorneys seek out negligence by the other party in the form of driver error. Our experience enables us to quickly assess the facts and identify driver error such as speeding, disregard of rules of the road, driving while intoxicated or ability impaired, tailgating, and failure to yield to traffic that has the right of way. Proving fault on the other party will completely change the nature of your case.
Rear End Collisions
A rear end collision typically inflicts most damage on the lead car. Speed and size of the offending vehicle are two factors that suggest the extend of damage done to the lead car. However, even if cars of the same size are involved and are traveling at 20mph, serious neck injuries such as whiplash or spinal injuries are usually the result. Unfortunately, we have also seen very serious spinal injuries resulting in paralysis.
Asleep At The Wheel
More and more we are encountering cases where the other party was asleep at the wheel at the time of the accident. These types of cases typically involve truck and commercial vehicle drivers who are typically always driving when fatigued. The U.S. DOT recently reduced the number of hours a truck driver is legally allowed to drive behind the wheel in a week from 82 to 70 hours. Obviously, such incidents result in serious injuries and death, and an experienced personal injury lawyer is crucial to ensure maximum recovery.
An intersection collision will typically result in side trauma or “T-bone” based accidents. Such blunt force from the side can cause serious injuries and even death. There are many reasons why an intersection collision can occur, which vary from drunk driving, texting while driving, road rage, driver error, and even traffic light outages.
Speeding & Reckless Driving
Speeding and reckless driving are two very large contributors to road accidents in the state of New York. Excessive speeding reduces the ability of the driver to respond and control their vehicle. Aggressively changing lanes, and disobeying the rules of the road often result in collisions with innocent drivers. Our experienced team will investigate and bring the facts to light that prove negligence and causation.
Road Defect & Negligent Roadway Design
While these causes are not as common as others, they still exist. Our New York accident lawyers have seen several instances where the cause of the accident was due to debris from construction on the roadway, or negligent design of temporary roadway during construction. Other road defects include traffic light / control failure. Our legal team will hire experts to help build a strong case for your recovery.
Negligent Maintenance & Repair
This cause typically arises in the context of a commercial vehicle, such as trucks, and semi-trucks. The DOT has mandated common maintenance guidelines that require commercial vehicles to be roadworthy, ensuring the safety of all on the road. Negligence in maintaining the road worthiness of a truck, is a cause that our personal injury attorneys pursue. Common examples of such negligent maintenance and repair are: bald tires, worn down brakes, and non-lubricated ball bearings.
While we have already discussed texting while driving and using cell phones, there are several other distracted driver causes that we have encountered, such as: using GPS devices, changing radio channels, reading books, reading billboards, eating food, drinking coffee, refocusing mirrors, applying makeup or fixing hair etc…, all while driving. Taking your eyes off the road for 4 seconds can be the difference between life or death. We will investigate the facts and circumstances to determine any causes of distraction.
Auto Manufacturer Defect & Product Liability
Another category of auto accident injury causes is in the legal doctrine of product liability. In such instances our experienced attorneys focus the case on the manufacturer of the vehicle to prove some manufacturer defect. In the past the news had focused on the mass recall of Takata airbags. This is just one example of a case that we are investigating where the explosion of a defective airbag can cause very serious injuries, including death, to drivers and passengers of cars.
We have been successful in cases involving failed airbag deployment, defective safety belts, and several other product recalls.
New York Laws on No-Fault Insurance Claims
Under New York law, each insurance policy provides what is known as no-fault insurance coverage. This type of coverage exists to cover medical expenses, lost wages, and any other necessary expenses resulting from the accident irrespective of who was at fault for the accident. This coverage typically also extends to you if you are hit by another car or vehicle when you are outside your insured vehicle as a pedestrian. In order to be eligible for recovery, you must file your claim within 30 days of the accident.
Contact Our Experienced Law Firm Today
Whether you were involved in a fender bender or a more serious accident, there are many different strategies under New York auto accident law for you to recover. Our experienced auto accident law firm is here to help you with your case by building a solid legal strategy for recovery. We ensure you are apprised and understand our strategy from the beginning until the conclusion where we focus on securing substantial financial compensation for your injuries.
While our main offices are located in Manhattan and Westchester, NY, we serve clients throughout the state of New York given our depth of experience in handling motor vehicle accidents. In New York City, we regularly represent clients in the following boroughs:
Call our firm today and speak to an attorney within 24 hours about your auto accident case. It is our privilege to serve those in need of legal representation and our goal is to always be a “bridge to recovery”.
Latest Auto Injury Updates
By Laurence Banville
Daily there are numerous auto accidents that take place leaving many people devastated. Below you will find the latest auto injury accidents and the situations surrounding them.
May 1, 2017 – 3-Year-Old Dies In Bronx Car Crash
On Saturday morning, April 29, around 10 am a garbage truck rear-ended a Chevy Malibu carrying a family of four. The Bronx accident occurred when the Chevy slowed down to go over a construction ramp and was hit by the privately-owned garbage truck, which swerved in an attempt to miss the vehicle. When the truck hit the car it caused it to crash into a metal pole. The passengers of the car were taken to Lincoln Hospital for treatment where, sadly, the 3-year-old passenger was pronounced dead. There was construction work scheduled to occur in the area of the crash and the surface of the road had been removed causing it to become bumpy. According to the NYPD, no criminality is suspected and the sanitation truck driver did remain on the scene.
April 6, 2017 – Woman Dies In Horrific Car Crash After Birthday Celebration
A college junior came home for spring break and went out to celebrate her 21st birthday last month. While on her way home to Brooklyn, after a night out with friends and family, the driver of the car she was in lost control of the automobile. The driver was an off-duty NYPD traffic agent, who was allegedly driving drunk, slammed the car into the barrier dividing the roadway and then into a support pillar. The gray 2013 Infiniti crashed so hard that the car ripped in half. The young woman was riding in the back seat and was ejected from the car. She died on the scene. The driver of the car has been charged with vehicular manslaughter, criminally negligent homicide, and DWI. He has also been suspended from his job.
March 13, 2017 – New York Driver Crashes Car And Leaves Brother Behind
Police are still searching for the driver of a 2008 Acura that crashed into a tree and a parked car at about 4:15 am on Sunday, March 12 in Queens. The driver was speeding when he lost control of the vehicle and crashed the car leaving his older brother inside, critically injured. Extraction tools were needed to rescue the man from the car and he was taken to Jamaica Hospital. The driver had exited the disabled vehicle and received a ride to Interfaith Medical Center to receive treatment before rescuers arrived and had already left the facility when the police got there.
February 3, 2017 – Off-Duty Officer Dies In Bronx Crash
On Wednesday night a 27-year-old off-duty police officer died when she lost control of her Dodge Charger, it flipped over and burst into flames on Park Avenue in the Bronx. Two police officers saw the accident and ran to assist the driver and her passenger who sustained injuries to both legs. Sadly, they were unable to rescue the driver before the vehicle exploded. Several witnesses commented on the severity of the flames and what a traumatic event it was. The two officers that came to the rescue were treated for smoke inhalation and released. The 9th Precinct stationhouse where the deceased officer worked mourned the loss of their officer on Thursday by hanging purple bunting in her honor. Highway Patrol is investigating the crash.
January 20, 2017 – Driver In Accident Charged With Vehicular Manslaughter
On Monday, January 2, an off-duty New Rochelle police officer crashed his black Jeep Cherokee into a tree on Mamaroneck Avenue at 3 am. The passenger in the car was rushed to White Plains Hospital Center and was pronounced dead. He was 27. The driver had a blood-alcohol content of .23 percent which is almost three times the legal limit. He suffered serious injury to his legs which required surgery. He will be charged with vehicular manslaughter and driving while intoxicated.
December 13, 2016 – Families Of NYC Accident Victims Rally For Safety
Late last month the families of pedestrians who were killed when they were struck by cars in New York City gathered outside at City Hall Park to remember their deceased loved ones. Several attendees recalled fond memories of their friends and family members while also pushing for increased safety for walkers and bikers. Some people commented on the dangers that exist in the city for bikers and pedestrians while also expressing their grief. New data shows that for the first time in three years the number of deaths on city streets and highways has increased.
November 3, 2016 – Woman Killed In Long Island Car Crash
An investigation is ongoing into a two car crash that occurred on Long Island on Wednesday night, just before 8:30pm. A 45-year-old man was driving a 2001 Buick LeSabre and crashed into an automobile driven by a 24-year-old man. A 33-year-old female passenger in the Buick was pronounced dead at the hospital while the driver was hospitalized with a leg injury. According to police, charges against him are pending. The driver of the other vehicle was hospitalized with non-life-threatening injuries.
October 10, 2016 – Queens Woman Dies In Tragic Car Accident
Desray Leroy, a 23-year-old New York City College of Technology grad, died in a September car accident in Queens. Leroy and six friends were driving in an Audi, designed to seat five, on their way home from Leroy’s sister’s birthday party when the accident occurred. Leroy was seated on a rear passenger’s lap when the Audi crashed into a car driven by an unlicensed motorist, then crashed into a wall and flipped. Leroy was taken to Jamaica Hospital with head trauma where she passed away. Police are investigating whether drugs or alcohol played a part in the accident.
September 8, 2016 – Man Struck By Steel Beam In Brooklyn Accident
A freak accident occurred in Brooklyn on Thursday, August 25 around 4 pm, when according to witnesses, a man rear ended a truck double parked outside of a warehouse near the intersection of Louisiana and Dewitt Avenues. The accident caused a steel beam to fall from the back of the truck and crash through the windshield of the car, striking the driver. Firefighters cut the vehicle open to rescue the man who was then taken to Brookdale Hospital in serious condition.
August 17, 2016 – Recent Graduate Struck And Killed In Car Accident
A 2016 Emory graduate, Jack Koval, died recently after being struck by a vehicle in New York City in the Hell’s Kitchen neighborhood. Koval was crossing the southbound portion of the highway between W 45th and 46th Streets and was hit while walking into northbound traffic. Emergency personnel arrived at the scene and transported him to Mount Sinai St. Luke’s Hospital where he was pronounced dead from head and body trauma. He was 22 years old. The driver of the vehicle was not injured and remained at the scene until police arrived. He complied with officers and at this time no criminal charges have been pressed. NYPD has stated that the investigation is still active.
April 6, 2016- 98-Year-Old Central New York Woman Dies In Head-On Collision
On Sunday, April 3, 2016, a 98-year-old Central New York woman died in a collision on a road covered with snow. According to authorities, a 2004 Jeep lost control on the snowy road in Herkimer County and crossed into oncoming traffic. The 2004 Jeep ended up being involved in a head-on collision with another Jeep which led to the death of the 98-year-old woman who was a passenger in the car. She was pronounced dead at the scene, however, the other two drivers were taken to hospital with non-life threatening injuries.
March 10, 2016- Cheektowaga, NY Man Killed In Hit-And-Run Accident
A 27-year-old man is dead following a hit-and-run accident in a western New York parking lot. The accident took place in the early hours of Sunday March 6th where authorities responded to a report of an unresponsive man who seemed to have been hit by a car. The car and the driver behind this incident were found but no arrests have been made.
February 26, 2016- Albany, New York Woman Arrested For Driving While Intoxicated
A 31-year-old woman from Albany New York was arrested and charged with aggravated driving while intoxicated and multiple vehicle and traffic violations. Her blood alcohol content was determined to be 0.20%. State police initially stopped the woman’s vehicle on Broadway for various traffic violations before they checked her blood alcohol content.
February 10, 2016- Brooklyn Man Crashes Into Commissioner’s Car
A 25-year-old man crashed into the Department of Investigation Commissioner’s car in Midtown. The crash happened as the man was being chased by the official’s detective driver. He first side-swiped the commissioner’s car and did not stay on the scene of the accident. A police chase ensued that caused him to be charged with reckless driving and driving without a license. Visit our weekly accident report for more accident information.
January 28, 2016- Brooklyn Cyclist Struck And Killed By A Truck
On January 19th 2016, a 54-year-old bicyclist was struck and killed by a truck that did not stop and stay on the scene of the accident. The accident took place in Brooklyn. The cyclist was pronounced dead at the hospital he was taken. No arrests were made for this incident. To find out more information about this accident and others that took place in New York State, visit our weekly accident report round up.
January 14, 2016- Wrong- Way Crash Leaves Woman Charged With DWI
In Irondequoit, New York, a 63-year-old woman who was driving north in the southbound lanes of State Route 590 was charged with driving while intoxicated. The woman who was identified as Lynn Saylor, was driving a pick up truck that crashed into another vehicle head on. Saylor was charged with other traffic and vehicle violations as well. Fortunately, Saylor and the woman she crashed into were both treated with minor injuries. Police opened an investigation for this wrong-way crash.