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What to Do After a Car Accident In New York?

What to Do After a Car Accident In New York?

What to Do After a Car Accident In New York?

Have you ever been involved in an accident? If yes, then you probably know that car accidents happen every day. In fact, according to the National Highway Traffic Safety Administration, approximately 1.6 million crashes occur each year in the United States alone.

Some local medical facilities that treat car accident injuries:

While most of these accidents are minor, others can lead to serious injuries. For example, one study found that nearly half of all motor vehicle fatalities involve alcohol consumption.

So, if you were injured in a car accident, you may wonder whether you can file a personal injury lawsuit against the person responsible for causing your injuries. When determining whether to pursue a personal injury lawsuit, you should consult with an experienced car accident lawyer.

What Are the Top Five Causes of Car Accidents in New York?

New York has one of the highest rates of car accidents in the country. So what causes these deadly accidents? We looked at data from the NHTSA and found that here are the most common causes of car accidents in New York.

  • Distracted Driving

Distracted driving is a leading cause of car accidents in New York. According to the NHTSA, distracted drivers were involved in nearly half of all auto fatalities in 2016.

  • Speeding

Speeding is also a major factor in New York car accidents. According to the NTHSA, speeding was responsible for nearly 20% of all auto fatalities in 2017.

  • Alcohol Consumption

Alcohol consumption is another contributing factor to car accidents in New York, especially among young adults.

According to the NHTSA, alcohol was involved in nearly 10% of all fatal car accidents in 2016.

  • Drunk Drivers

Drunk drivers are a significant contributor to car accidents in New York City. According to the NCHTSA, drunk drivers were involved in nearly 15% of all fatal car crashes in 2016.

  • Poor Road Conditions

Poor road conditions are another leading cause of car accidents. According to AAA, poor roads contributed to nearly 7% of all fatal car wrecks in 2017.

What to Do After a Car Accident in New York?

After any car accident, police officers will ask you questions regarding the cause of the crash. They will also conduct a traffic investigation.

First, you must determine whether the driver was negligent. Negligence occurs when a person fails to act reasonably under the circumstances. For instance, if a driver runs a red light and causes an accident, they have acted negligently. Second, you must prove that the negligence caused your injuries. This means proving that the driver's actions directly led to your injuries. Third, you must prove that your injuries were severe. To win compensation, you must show that your injuries resulted in significant pain and suffering. Finally, you must prove that you suffered financial losses from the accident. These losses include medical bills, lost wages, and other expenses related to your injuries.

Do I Need to File a Claim in New York?

Car accidents happen daily, and most drivers do not think twice about filing an auto accident claim after an incident occurs. However, car insurance companies may deny claims filed after certain deadlines, leaving victims without compensation.

In order to file a successful auto accident claim, you must contact an experienced personal injury attorney immediately following an accident. If you wait too long to file a claim, you may miss out on valuable legal rights.

Here are three things you should do after a car accident in New York:

  • Contact an Experienced Personal Injury Attorney Immediately
  • Document All Damages Sustained During the Crash
  • File a Claim With Your Insurance Company Within 30 Days

A skilled personal injury lawyer can assist you in filing a claim with your insurance company and protecting your legal rights.

How Long Do I Have to File a Car Accident Lawsuit in NY? 

In New York, car accident victims have two years after an injury occurs to file a lawsuit against the negligent driver. This means that if you were injured in a car accident last week, you still have until next month to file a personal injury claim.

Will My Car Accident Case Go to Court?

In most cases, no matter how bad the injury was, the insurance companies will most likely settle out of court. However, if the case goes to trial, the judge will decide whether the defendant was negligent and caused your injuries.

Here are some things to think about when determining whether your case will go to trial.

Was There Fault On Both Sides?

It is possible that both parties were responsible for causing the accident. For example, one driver ran a red light and hit another vehicle head-on. This would mean that both drivers were negligent.

However, if one party was speeding and the other was driving within the speed limit, then neither party was necessarily at fault.

What Was the Damage?

Damage to property is usually considered negligence. If you had damage to your car, such as broken windows, dented hood, or damaged bumper, you might have grounds for filing a claim against the person who caused the damage.

For example, if you hit a parked car, you may have grounds to file a lawsuit against the owner of the parked car.

How Bad Were the Injuries?

If you suffered minor injuries, such as cuts, bruises, sprains, and whiplash, you might not have any grounds for a lawsuit. However, if you suffered major injuries, such as broken bones, internal bleeding, or paralysis, you may have grounds.

Were Any Other People Involved?

If you were injured in a collision involving multiple vehicles, you might have grounds against the other drivers.

Did Anyone Die?

If anyone died in the accident, you may have grounds under wrongful death law. Wrongful death laws allow families of deceased victims to sue for damages.

Is There Insurance Coverage?

Insurance coverage is a big factor in determining whether your case will proceed to trial. Most states require automobile liability insurance policies to cover bodily injury claims.

This means that if you suffer bodily injury in an accident, your insurer will pay for medical bills and lost wages.

However, if you do not have insurance, you may still be able to sue the uninsured motorist. Uninsured motorist coverage allows you to recover money from the other driver's insurance company if they do not have adequate insurance.

How Long Does a Car Accident Lawsuit Take?

In order to receive compensation after an injury caused by another person, you must file a personal injury claim. This means filing a lawsuit against the negligent party.

However, the length of time it takes to settle a case varies depending on several factors, such as the severity of the injury, whether the defendant was insured, and the amount of damages sought.

Settlement times vary based on the following factors:

  • Severity of the injury
  • Amount of damages sought
  • Insurance coverage
  • Negligence involved

Contact an Experienced New York Car Accident Attorney Today

An experienced New York car accident attorney can help you understand your rights and protect your interests after a car crash. Injured victims often do not realize that they may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.

An experienced New York car accident lawyer can explain these legal issues to you and help you decide whether you should pursue a claim against the responsible party. When you hire an experienced New York car wreck lawyer, they will represent you aggressively and advocate for your legal rights. Call our New York car collision lawyers today. They can help you understand your legal rights and help you recover compensation for your losses.

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Laurence P. Banville
Date Published: August 8, 2022
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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