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Car Accidents
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Dansker & Aspromonte Associates LLP Are Experienced & Successful New York Serious Injury Lawyers with Results Exceeding $500 Million
Trusted New York Car Accident Lawyers
Car accidents can be traumatic events that change your life in a second. Injuries sustained in these accidents can range from whiplash and neck injuries to catastrophic injuries such as traumatic brain injuries or spinal cord damage. You may find yourself temporarily or even permanently disabled, unable to work to support yourself and your family, and facing an indefinite period of medical care, loss of income, and spiraling expenses. In addition to the physical and financial toll, the emotional and psychological impact of a car accident can be overwhelming, adding another layer of complexity to your recovery.
When your car accident and its consequences have been caused by the negligence or recklessness of another, the elite team of New York car accident attorneys at Dansker & Aspromonte Associates LLP can help. With more than 100 years of combined experience, we have the knowledge, skills, and resources to help you seek full and fair compensation for your damages through claims and lawsuits. We work on a contingency fee basis, meaning that if we do not get compensation for you, you do not owe attorney fees. You have nothing to lose by discussing your case with us to learn more about how we can help.
Connect with Dansker & Aspromonte Associates LLP online or at (516) 206-6723 to book a free consultation with a New York car accident attorney.
What Are the Common Types of Car Accidents?
A car accident occurs when a vehicle collides with another vehicle, a stationary object, a pedestrian, or an animal, resulting in damage or injury. Car accidents can happen due to various reasons, including human error, mechanical failure, weather conditions, or road hazards. The consequences of these accidents can vary widely, from minor fender-benders to catastrophic collisions that result in significant injuries and long-term disabilities.
Here are some common types of car accidents:
- Rear-end collision: This occurs when a vehicle crashes into the vehicle in front of it. It often happens due to tailgating or sudden stops.
- Head-on collision: This happens when the front ends of two vehicles collide. These accidents are often severe and can result in serious injuries or fatalities.
- Side-impact collision (T-bone): This occurs when the side of one vehicle is impacted by the front or rear of another vehicle, forming a “T” shape. Intersections are common locations for these accidents.
- Sideswipe collision: In this type of accident, the sides of two parallel vehicles make contact. It can occur when changing lanes without proper checking or misjudgment of space.
- Single-vehicle accident: This involves only one vehicle and can include collisions with fixed objects like trees, guardrails, or poles due to factors like loss of control, slippery roads, or sudden maneuvers.
- Multi-vehicle pileup: This involves multiple vehicles and often occurs on highways or freeways due to chain reactions caused by one initial collision.
- Rollover accidents: These occur when a vehicle tips over onto its side or roof. They are more common in vehicles with a higher center of gravity, such as SUVs or trucks, and can happen due to sharp turns, uneven road surfaces, or collisions.
- Run-off-road accidents: This involves a vehicle leaving the roadway entirely, either due to driver error, drowsiness, distraction, or road conditions. Run-off-road accidents can result in collisions with roadside obstacles or rolling over.
- Parking lot accidents: These typically happen at low speeds in parking lots or garages and involve collisions while parking or maneuvering within these confined spaces.
- Pedestrian or cyclist accidents: These involve collisions between vehicles and pedestrians or cyclists. They often occur at intersections, crosswalks, or due to limited visibility.
- Hit-and-run accidents: These occur when a driver hits another vehicle, pedestrian, or object and leaves the scene without stopping to provide assistance or exchanging information. Hit-and-run accidents can result in serious legal consequences for the fleeing driver.
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Unfortunately, based on your query, we are unable to assist you at this time. Our firm specializes in serious accidents and negligence cases, such as car accidents, slips and falls, construction accidents, and other accidents that require hospitalization or ongoing treatment.
What Are the Causes of Car Accidents in New York?
Car accidents can have many causes. Most of them, however, are due to human error. Driving in and around busy New York streets demands the full attention of motorists. Unfortunately, driver distraction is one of the largest contributing factors to car accidents, as reported by the New York City Police Department (NYPD). Common examples of such distractions include texting while driving, talking on cell phones, eating, drinking, adjusting GPS and other devices, dealing with pets or children, and even personal grooming. Other factors such as impaired driving due to alcohol or drugs, reckless driving behaviors like speeding, and failure to adhere to traffic laws also play significant roles in causing accidents.
In addition to distracted driving, the NYPD lists other contributing factors in car accidents, such as:
- Following or passing too closely
- Failure to yield to another driver
- Backing up unsafely
- Driving under the influence of drugs or alcohol
- Improper lane change
- Aggressive driving
- Speeding
- Disregarding posted traffic signals
You can be injured as a result of these types of behaviors as a driver, passenger, taxi customer, pedestrian, bicyclist, or Uber or Lyft rideshare customer.
How Often Do Car Crashes Happen in New York?
Car Collision Statistics in New York per the NYPD’s 2022 report for June, 9,135 accidents occurred citywide with the following breakdown:
- Manhattan: 1,596
- Brooklyn: 3,021
- Staten Island: 479
- Bronx: 1,569
- Queens: 2,470
In that month alone, 21 people were killed and another 4,808 were injured. These statistics highlight the prevalence of car accidents in New York City, underscoring the importance of vigilance and adherence to traffic safety laws. Whether navigating the congested streets of Manhattan or driving through the residential neighborhoods of Brooklyn, drivers face a constant risk of collisions.
What Are the Car Accident Laws in New York?
New York operates under a no-fault insurance system. This means that regardless of who is at fault in a car accident, each driver’s own insurance company is responsible for covering their medical expenses and certain other economic losses, regardless of fault. The no-fault system aims to simplify and expedite the claims process, allowing accident victims to receive necessary medical treatment without the delay of fault determinations. However, navigating the no-fault system can be complex, particularly when injuries are severe, and understanding your rights under New York law is crucial to ensuring you receive the full compensation you are entitled to.
Under the no-fault system, drivers are required to carry Personal Injury Protection (PIP) coverage as part of their auto insurance policy. This coverage allows individuals to seek reimbursement for medical expenses related to the accident, including hospital bills, doctor visits, diagnostic tests, rehabilitation, and other necessary treatments.
In addition to medical expenses, no-fault insurance covers certain economic losses resulting from the accident. This can include compensation for lost wages or income due to an inability to work because of injuries sustained in the accident.
By eliminating the need to establish fault for minor accidents, the no-fault system aims to expedite the payment of medical bills and other economic losses. This helps individuals get necessary medical treatment promptly without waiting for fault determinations or prolonged legal proceedings.
However, the “serious injury threshold” enables injured parties to pursue a claim for non-economic damages (such as pain and suffering) outside of the no-fault system. In other words, if your injuries meet the serious injury threshold, you may be able to file a lawsuit against the at-fault party for additional compensation beyond what is covered by your PIP insurance.
The serious injury threshold is defined in New York Insurance Law § 5102(d) and includes the following types of injuries:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.
Meeting this threshold typically requires extensive documentation and evidence to demonstrate the severity and lasting impact of the injuries. This might include medical records, expert testimony, and other evidence showing the nature of the injuries, their effects on the individual’s life, and their duration.
If your injuries meet the serious injury threshold, you may be able to pursue a lawsuit against the at-fault party for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. It’s important to consult with a qualified attorney who is familiar with New York’s no-fault laws and the serious injury threshold to understand your rights and options for seeking compensation after a car accident.
What Does a Car Accident Lawyer Do?
If you were in a car accident that wasn’t your fault, you may be wondering why you should hire a car accident lawyer. Booking a free consultation with a lawyer is always a good idea when you are injured in a car accident. They will help you determine if you have a case and the best steps moving forward. If you decide to hire a car accident lawyer, they will:
- Help you understand your rights
- Investigate the case
- Give you legal counsel regarding your best options available
- Negotiate with insurance adjusters to get you the fair compensation you deserve
While you can represent yourself, it likely isn’t the best idea to do so. This applies even if your accident was minor. New York car accident lawyers are well-versed in the laws and will help you focus on your recovery while they focus on your case.
When to Get an Attorney for a Car Accident in New York?
Getting into a car accident can be an extremely stressful experience, and the aftermath of such an event can be even more overwhelming. Knowing when to seek legal help from a car accident attorney is crucial in ensuring that you are compensated for your damages. After any type of motor vehicle collision, it is best to hire an experienced New York car accident lawyer as soon as possible.
An attorney will work with you to ensure that all necessary paperwork is filed correctly and on time, so you can receive full compensation for your car crash-related losses. They will also ensure that insurance companies don’t take advantage of you during settlement negotiations. They will provide legal advice on how much money should be sought after or accepted in order to cover medical bills, lost wages, pain and suffering, and other expenses incurred because of the crash. With their knowledge and expertise, a New York car accident attorney will provide invaluable assistance throughout this difficult process.
How Do You Prove Fault in Car Accident Claims?
After a car accident injury, our team will immediately investigate the available evidence, which will include speaking to witnesses and obtaining a copy of the police accident report, if applicable. Sometimes the information in the police report is inaccurate, and additional witnesses or surveillance video can be obtained to prove that the other driver is responsible for the accident.
Once we determine what contributing factors played a role in your collision, our car accident lawyers can get to work proving to the other side’s insurance company that they should take responsibility and pay for your damages.
The evidence we can use to support your case can include:
- The police report that was filed at the accident scene
- Photos and videos of the collision itself
- Any available traffic surveillance footage
- Eyewitness statements
- Testimony from a medical professional or accident reconstruction specialist
What Is New York’s Modified Comparative Negligence Law?
You may be able to get compensation for your damages if you were partly at fault in a car accident in New York, thanks to our modified comparative negligence system. However, the amount of compensation you will receive will be reduced by the percentage of fault you had in the accident.
That means if you are 50% at fault in a car accident, your damages will be reduced by 50%. For example, if you have $10,000 in damages but you are 50% at fault, you will receive $5,000 in compensation. At Dansker & Aspromonte Associates LLP, our New York car accident lawyers will ensure that the other party’s insurers do not unfairly assign a larger percentage of fault to you.
What Happens If the Other Driver Was Uninsured?
If you have uninsured motorist coverage, your own insurance company may cover some of your damages. You may also be able to file a civil lawsuit against the at-fault driver, although they may not have the ability to pay. We will investigate the accident and determine if any other parties may also share liability and thus owe you compensation.
Contact us today by phone at (516) 206-6723 or through our online form for your free case evaluation.
What Compensation Can You Seek in a Car Accident Claim?
When suffering injuries in an auto accident, the compensation to which you may be entitled will depend on the circumstances of the accident and the extent of your injuries and damages. For example, cases involving catastrophic injuries may include irreversible spinal cord and brain damage. These injuries are enormously expensive to treat and can involve lifetime medical expenses and care. We have experience assessing the value of traumatic injuries as well as other damages that are not based on actual hospital or medical bills.
Compensation can include both economic and non-economic damages. Economic damages are those that are generally based on invoices and bills while non-economic damages are those without a set value but equally as adverse or debilitating.
Both types of compensation can include the following:
- Pain and suffering
- Loss of enjoyment and quality of life
- Loss of earning capacity
- Disfigurement or scarring
- Medical expenses, from the date of the accident to the rest of your life, if applicable
- Lost earnings
- Property damage
- Emotional trauma
- PTSD and anxiety
- Loss of intimate relations, services, and/or companionship
Contact the Attorneys at Dansker & Aspromonte Associates LLP Today
At Dansker & Aspromonte Associates LLP, we understand how car accidents affect the lives of our clients. Whether you are recovering from your injuries or mourning the loss of a loved one, our team is here to handle your case with the sensitivity and advocacy it deserves.
Furthermore, if you lost a loved one in a New York traffic accident due to another party’s fault, you may be able to file a wrongful death claim. Our team can help you determine if you are eligible and, if so, represent you in seeking appropriate damages and losses.
New York Accident Resources:
- File an accident report with the DMV
- Look up an accident report
- Car mechanics near you
- Nearby autobody shops
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