Car accidents happen every single day in New York City, and often, people are wrongfully injured in them. If you find yourself in this situation, you need an experienced New York City car accident lawyer who has the knowledge and resources required to effectively fight for you. Contact the Law Office of James Trainor, P.C. today to learn more about car accidents in NYC and how we can help you.
New York City Car Accident Lawyer | Helping Car Accident Victims in NYC
There are few accidents more jarring and potentially devastating than car accidents. If you’ve been hurt in one, the most important thing you can do is speak with a New York City auto accident lawyer who has years of experience helping wrongfully injured people just like you.
Common Causes of Car Accidents
Car accidents can happen for many different reasons, including unsafe road conditions, inclement weather conditions, and more. However, in most cases, car accidents are caused by driver negligence. Some of the most common types of driver negligence we see are as follows:
- Driving while under the influence of drugs or alcohol
- Tailing other drivers too closely
- Texting while driving, or otherwise driving while distracted
- Driving while fatigued
- Unsafe lane changes or merges
- Ignoring traffic lights/signs
- Ignoring all other rules and regulations of the road
What to do After Being Hurt in a Car Accident
If you are hurt in a car accident, it is very important that you take the necessary steps to document the incident, as long as you are physically capable of doing so. If possible, try to take the following steps after your accident:
- Call the police. They will send an ambulance to treat your injuries and they will also write up a police report regarding the facts of your accident.
- Ask the other driver for his or her insurance information.
- Speak with any witnesses and ask them for their contact information so they can verify your claim at a later date.
- Take pictures of any damage to your car, the other driver’s vehicle, and any property damaged in the accident.
- Get a copy of all medical documentation pertaining to your injury.
- Retain the services of an experienced New York City personal injury attorney.
What is Personal Injury Protection (PIP)?
Personal Injury Protection, also known as PIP, is a form of no-fault insurance designed to provide all those injured in auto accidents with financial compensation to help cover a portion of the cost of their medical bills and lost wages, regardless of who caused the accident. That being said, if you were injured in an auto accident due to another party’s negligence, there is a chance that PIP will not cover the total cost of your injury. In this case, you should strongly consider speaking with an experienced New York City car accident lawyer right away. Our firm can help you file a personal injury claim in an effort to receive the total compensation to which you are entitled.
Uninsured and Underinsured Motorist Coverage in NYS
New York State requires all motorists to purchase at least $25,000 per person and $50,000 per accident in uninsured motorist coverage. When someone is injured in an auto accident due to another party’s negligence, they will typically sue the negligent party’s insurance company. However, when someone is injured in an accident with an uninsured motorist, they are often unsure of what to do, as the liable party has no insurance company to sue. This means that if you were injured by an uninsured motorist, you can still seek financial compensation from your own insurance company that you regularly pay into. Our firm can help you understand your options and fight for the compensation you deserve.
What to Know About Comparative Negligence in New York
Each state has its own way of handling injury cases involving negligence. Here in New York, the state observes what is known as comparative negligence. Essentially, comparative negligence means that you can still recover financial compensation for an accident that you partially contributed to. For example, if one party was speeding and primarily caused the accident, but at the time time, you failed to use a turn signal, you may be considered partially at fault.
In this case, if you can prove that the other party still primarily caused the accident, you should receive compensation, albeit slightly less than if the accident was 100% the other driver’s fault. So, if the court determines that you are 20% at fault, you will receive 80% of the compensation you would have received if the other driver was 100% at fault.
Economic Vs. Non-Economic Damages
When you receive compensation for your injury, it should cover any economic or non-economic damages you’ve sustained. Some examples of economic damages include:
- Lost past and future wages
- The cost of your medical bills
- The loss of use of property
- The cost of repair or replacement
That being said, serious accidents often bring about more than economic damages; they can also affect an individual in non-monetary ways as well. Some examples of non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional trauma
- Loss of companionship
- Loss of consortium
Statute of Limitations for Car Accident Claims in New York
Keep in mind that there is a time frame known as the statute of limitations by which you must abide when it comes to filing personal injury claims. Depending on who the party responsible for the accident is, you may be required to file a Notice of Claim within a mere 90 days of the accident. In other instances, you may have a longer time frame within which to make necessary filings, but you will not know that until you contact a seasoned personal injury attorney.
The sooner you take legal action and protect your rights against the liable party, the better off you will be. As time goes on, witnesses can be harder to track down, and it will also be more difficult to prove that your injury was, in fact, a result of the accident in question. This is why it is always best to speak with our New York City car accident lawyer as soon as you can.
Contact a New York City Car Accident Lawyer
A car accident can have a devastating impact on someone’s life, which is why if you’ve been injured in one, the most important thing you can do is speak with an attorney. Please do not hesitate to contact the Law Office of James Trainor, P.C. today to schedule your free initial consultation with our experienced legal team.