Practice Areas
Experiencing a car accident in the bustling streets of New York City can be a harrowing ordeal. The city’s roads are often packed with vehicles, pedestrians, and cyclists.
Unfortunately, the potential for accidents is high. The NYPD’s TrafficStat data highlights the gravity of the situation, revealing that in 2019, New York City saw 173,423 motor vehicle collisions.
These incidents resulted in nearly 50,000 injuries, underscoring the critical need for awareness and preparedness in the event of an accident.
It’s normal to feel overburdened after a collision. But by acting appropriately immediately, you can protect yourself, put yourself in a strong position to file insurance claims, and even take legal action against the responsible parties.
Let’s discuss in detail the crucial steps to take in the days following a New York City auto accident.
How Do You Prove You Are Not at Fault in a Car Accident?
Proving you are not at fault in a car accident is crucial for receiving compensation from your insurance company, especially in no-fault insurance states or countries.
Here’s a step-by-step guide on how to establish your innocence and strengthen your case:
- Collect Evidence: Start by gathering evidence from the accident scene. This includes photos of the vehicles’ positions, road conditions, weather conditions, and other relevant factors. If you cannot do this immediately after the accident, you can return to the scene later or ask someone to do it.
- Check Surveillance Cameras: Look for cameras that might have captured the accident. Businesses or traffic cameras near the accident scene can provide footage that conclusively shows what happened. This video evidence can be more compelling than photographs.
- Obtain the Police Report: A police report is critical evidence documenting the accident. It includes the officer’s assessment of fault, statements from those involved, and whether any traffic violations contributed to the accident. If the report is unfavorable to you, discuss it with the investigating officer to see if it can be amended with additional information.
- Speak to Witnesses: Eyewitness accounts can significantly support your claim. If people around saw the accident, get their contact information and statements. Witnesses can provide an unbiased account of the accident, which can help prove your case to the insurance company.
- Hire an Attorney: If you have significant damages or losses or prove your case is particularly complex, consider hiring a car accident attorney. New York attorneys specializing in car accidents have the expertise to handle the legal system. They can advise you on how to prove your innocence and maximize compensation.
Remember, in certain situations, the fault may be more straightforward to determine, such as rear-end collisions or when you are hit by a car making a left turn while you are going straight. However, each accident is unique, and proving fault may require a comprehensive approach using the abovementioned methods.
When to Consult the CEO Lawyer Personal Injury Law Firm?
In New York, handling the complications of an automobile accident can frequently be simple, with all parties coming to a mutually agreeable conclusion. This situation eliminates the burden of drawn-out legal challenges and financial strain by facilitating speedy cost settlements.
However, the reality is sometimes more complex.
It’s crucial to recognize that insurance companies, despite appearing supportive, prioritize their financial interests. Their primary goal is to minimize payouts to policyholders, aiming to resolve claims swiftly and economically.
This procedure often leaves individuals without the full compensation they rightfully deserve.
In contrast, the CEO Lawyer Personal Injury Law Firm advocates for your interests. Our legal professionals do not require upfront payment when working on a contingency fee basis.
Instead, our compensation is part of your settlement or judgment, aligning our success with your financial recovery. Furthermore, most offer a complimentary consultation, allowing you to understand your legal options and the viability of your claim without any initial investment.
There are critical circumstances under which consulting with our personal injury lawyer becomes essential:
- Insufficient Settlement Offers: When the compensation proposed by the insurance company does not adequately cover the damages and losses incurred from the accident.
- Ongoing and Future Medical Expenses: If the accident results in injuries necessitating continued medical care or future treatments, incurring ongoing costs.
Our experienced attorney will conscientiously evaluate your damages to the fullest extent, including current and future expenses. We will collaborate with medical specialists, financial analysts, and other experts to ensure that any settlement or award reflects the true cost of your injuries and losses, securing your financial well-being for the present and the future.
In conclusion, although many anticipate a simple settlement after a car accident, complications frequently occur. Our knowledgeable and committed New York car accident attorney can help you understand the legal system and ensure you get the money you need to heal fully.
New York Vehicle and Traffic Laws
Learning New York’s automobile and traffic rules can be fundamental, particularly after an accident. If you’re thinking about filing a personal injury or negligence lawsuit, being aware of these rules can have a huge impact on the result.
Below is an outline of essential vehicle laws and ideas that might apply to your case.
Mandatory Due Care for Drivers
In New York, specific laws aim to protect pedestrians and minimize car accidents. For example, Vehicle and Traffic Law 1212 targets reckless driving by deeming it a misdemeanor offense.
To combat distracted driving—a major accident cause—New York prohibits using portable electronic devices while driving. Pedestrian protection is also a priority, as outlined in Section 1146, which mandates that drivers must avoid collisions with pedestrians, bicyclists, or domestic animals.
Violations of these laws can establish a driver’s liability in accidents.
No-Fault Insurance System
New York mandates no-fault insurance for all vehicles registered within the state. This coverage, also known as Personal Injury Protection (PIP), provides up to $50,000 for economic losses from car accidents, irrespective of fault.
The New York State Department of Financial Services explains that this system aims to promptly restore injured parties to health. However, to sue for non-economic damages or economic losses exceeding $50,000, the injury must meet the state’s definition of “serious.”
It’s vital to file a no-fault insurance claim within 30 days post-accident.
Comparative Negligence Law
New York adheres to a comparative negligence framework for determining liability in accidents involving multiple parties. Fault may be distributed among the involved parties based on their contributions to the accident.
This division isn’t always equal but proportionate to each party’s negligence level. For instance, if a driver rear-ends another vehicle due to the front car’s non-functioning brake lights, the fault might be allocated to both drivers to reflect their negligence percentages.
What Is New York’s Statute of Limitations for Car Accidents?
In New York, like in all states, there’s a legally defined window during which you can initiate a personal injury lawsuit following a car accident. This time frame is governed by the “statute of limitations.”
For vehicle crashes, New York sets this period at three years from the date of the incident.
It’s easy to think there’s ample time to act, especially when dealing with the immediate aftermath of an accident. However, constructing a compelling legal case requires time and solid preparation.
Evidence needs to be collected, witnesses interviewed, and legal strategies developed. As such, the three-year mark can approach much faster than anticipated.
Given the risks, procrastination is not advisable. Missing this critical deadline could result in losing your right to seek compensation through the courts.
It’s essential to be proactive and consider consulting with a legal professional early to ensure your case is prepared and filed well within New York’s statute of limitations for car accidents.
What a Car Accident Lawyer Can Do for Your Claims Process?
A car accident lawyer specializes in helping you secure financial compensation for damages and costs incurred due to an automobile incident. These damages can include, but are not limited to:
- Medical bills
- Costs for repairing or replacing your vehicle
- Compensation for pain and distress
- Reimbursement for lost earnings
- Compensation for permanent impairment
- Recompense for loss of companionship
- Punitive damages, when justified
These legal professionals also use their professional networks to guarantee that you receive the proper medical care. A wrongful death lawyer will fight for you to get compensated for burial costs, lost happiness, future wages, or inheritance, among other things, when an accident takes a family member’s life.
Contact the CEO Lawyer Personal Injury Law Firm After a Car Accident in New York City
After a car accident in New York City, one of the most critical steps you can take is to get in touch with an expert personal injury lawyer.
At the CEO Lawyer Personal Injury Law Firm, our commitment to outstanding legal representation is the cornerstone of our reputation. Our dedicated New York car accident attorneys will pursue the best possible outcome for your case.
Contact our New York City offices today at (516) 689-1132 for a free consultation with our expert car accident lawyer. Remember, you won’t owe us any attorney fees unless we achieve a win or settlement in your favor.