Auto accidents are a common cause of lawsuits in New York City. The abundance of construction sites, highly congested roads, and rapidly changing weather are some usual causes for traffic accidents here. Seeking legal support immediately after you or a loved one has been a victim of a car crash can be hard. We know that your main concern is getting the necessary medical attention and help is your top priority. Still, having a trusted accident lawyer in the NYC area from the get-go can have a significant impact in getting you the medical, legal, and emotional compensation you deserve.
What are Common Causes of Auto Accidents in NYC?
Auto accidents in New York are most commonly caused by a variety of factors. As it is, distracted driving is the leading cause of accidents. Distracted driving means use of mobile phones, interacting with passengers, eating, drinking, and adjusting the radio or navigation system while driving. Speeding – exceeding posted limits or driving too fast for conditions – is another major cause.
Driving while impaired from alcohol or drugs, including prescription and over-the-counter medications, are also a major cause of accidents.
Failure to yield the right of way causes numerous collisions. This means not allowing right of way to pedestrians, at stop signs, or during merges. Tailgating or following too closely leads to rear-end crashes, particularly when the vehicle ahead brakes suddenly.
Another cause of car crashes in New York can be due to weather conditions like rain, snow, ice, and fog. They can create slippery roads and reduce visibility, increasing the risk of accidents. Running red lights and stop signs is also a dangerous behavior that often leads to severe accidents.
Improper lane changes without signaling or cutting off other drivers are common causes as well. Fatigued driving, where drivers are overly tired or drowsy, poses a significant risk to road health and safety. In some instances, drivers could even fall asleep at the wheel.
Reckless or aggressive driving behaviors, such as excessive speeding, erratic lane changes, and road rage, can contribute to accidents. Defects in vehicles or poor vehicle maintenance also play a role. Brake failures and tire blowouts are common reasons. In some cases, inexperienced drivers, particularly young ones, often lack the judgment and decision-making skills necessary to avoid accidents.
Addressing these factors through better driver education, stricter enforcement of traffic laws, and advancements in vehicle safety technology could help reduce the incidence of auto accidents in New York.
What Kinds of Traffic Accidents Can You Claim an Accident Claim For?
Under New York State law, you can file an accident claim for the following types of traffic accidents –
Vehicle Collisions – These are accidents involving two or more vehicles. Single-vehicle accidents are also included where a vehicle hits a stationary object or overturns while driving.
Pedestrian Accidents – Such accidents are where a vehicle strikes a pedestrian.
Bicycle Accidents – These accidents involve a vehicle and a cyclist.
Motorcycle Accidents – Collisions involving motorcycles with other vehicles or objects.
Hit-and-Run Accidents – Hit and run accidents can have serious implications for the perpetrator. These are situations where the responsible driver leaves the scene without providing contact information or assistance to the victim.
Public Transportation Accidents - Accidents involving buses, taxis, or other forms of public transport come under public transportation accidents.
Commercial Vehicle Accidents – These are traffic accidents involving commercial trucks, delivery vans, or other business-related vehicles.
Parking Lot Accidents – Collisions that occur in parking lots, including those involving stationary vehicles or a vehicle with other objects.
Rear-End Collisions – These are accidents where one vehicle strikes the rear of another vehicle.
Sideswipe Accidents – These are collisions where vehicles traveling parallel to each other collide.
T-Bone Collisions – In these accidents, one vehicle strikes the side of another vehicle forming a ‘’T” shape.
Weather-Related Accidents – Adverse weather conditions such as rain, snow, or ice are very common causes of traffic accidents.
Property Damage Accidents – These are accidents that result in damage to vehicles or property but do not cause bodily injury.
In New York, due to the no-fault insurance system, your own insurance company can typically cover medical expenses and lost wages up to a certain limit, regardless of who was at fault. However, in some instances, if you suffer serious injuries that meet the state's threshold for severity, you can file a personal injury claim against the at-fault driver. Your attorney might advise you to seek additional compensation for pain and suffering, medical expenses, and other damages not covered by no-fault insurance.
Steps to Obtain a Copy of Your Police Report in New York
Obtaining a copy of your police report in New York can be made easy with the assistance of an auto accident lawyer. This involves a few steps –
Hire an Attorney – Of course the first step is to hire a personal injury or accident attorney experienced in handling auto accident cases in New York.
Provide All Necessary Information – It’s imperative to give your attorney all relevant details about the accident. Make sure you include the date, time, location, and any information you have about the police department that responded to your 9/11 call.
Attorney’s Request for the Police Report – Your attorney will contact the appropriate police department or the New York State Department of Motor Vehicles (DMV) to request a copy of the police report on your behalf. This is often done by submitting a formal request either in person, by mail, or online, depending on the relevant department’s procedures.
Filing a FOIL Request – In some cases, your attorney might file a Freedom of Information Law (FOIL) request to obtain the police report. This law allows individuals to request public records from government agencies, including police departments.
Following-Up Regarding Police Report – To make sure your request is being processed your attorney will follow up with the police department or DMV and to check on the status of the report.
Receiving and Reviewing the Report – Once the police report has been received, your attorney will review it with you to make sure all information is accurate. He or she will also look into any discrepancies or areas that need further investigation.
Addressing Any Issues in the Police Report – If there are errors or missing information in the report, your attorney can assist in contacting the police department to correct the report. At this stage, additional statements and newly surfaced evidence could be provided.
Having a seasoned auto accident attorney handle the process can help your case greatly as they are familiar with the procedures and can expedite your police report request. This ensures that you obtain the necessary documentation for your insurance claim or legal case as soon as possible.
What Qualifies for a No-Fault Accident Claim According to NY State Law?
Under New York's no-fault insurance law, Personal Injury Protection (PIP) coverage provides benefits to cover medical expenses, lost wages, and other necessary expenses regardless of who is at fault for the accident. In order to qualify for a no-fault insurance claim, the injuries and losses sustained must generally fall within several categories. The following areas are covered by New York’s PIP coverage –
Medical Expenses Due to the Accident
Hospital and surgical costs
Doctor visit costs
Chiropractic care (if any)
Physical therapy (if any)
Prescription medications
Diagnostic tests (e.g., X-rays, MRIs)
Lost Wages Due to Recovery Period
Compensation for lost income due to the inability to work because of accident-related injuries. PIP typically covers up to 80% of lost wages, subject to a maximum limit, for up to three years after your accident.
Other Necessary Expenses
Other Reasonable and necessary expenses incurred as a result of the injury from your accident such as transportation to medical appointments could be covered by PIP.
Household Services Hired Due to Injury
Compensation for expenses related to household help hired due to the injured person’s inability to perform usual and necessary household tasks.
Injuries That Qualify for a No-Fault Claim (From Minor to Severe)
Soft Tissue Injuries
- Sprains and strains
- Whiplash
- Contusions
Fractures and Broken Bones
Head and Brain Injuries
- Concussions
- Traumatic Brain Injuries (TBI)
Back and Neck Injuries
- Herniated discs
- Spinal cord injuries
Internal Injuries
- Damage to internal organs
- Internal bleeding
Burns and Lacerations
Psychological Injuries
- Emotional distress
- Post-traumatic Stress Disorder (PTSD)
Injuries That Typically Warrant a Personal Injury Lawsuit According to NY Law
While PIP coverage handles most injury-related expenses, some serious injuries that exceed the no-fault threshold could allow you to file a personal injury lawsuit against the at-fault driver. Whether your case should call for such a lawsuit or not can be determined by your doctor or trusted attorney. Serious injuries, that are covered by PIP, and could also lead to a lawsuit are typically the following –
01) Death
02) Dismemberment
03) Significant bodily disfigurement
04) Fractures
05) Loss of a fetus
06) Permanent loss of use of a body organ, member, function, or system
07) Permanent consequential limitation of use of a body organ or member
08) Significant limitation of use of a body function or system
09) A Medically determined injury or impairment that inhibits the injured person from performing substantially all of the material acts that constitute their usual and customary daily activities for at least 90 days during the 180 days immediately following the accident. Such an injury can be proven with medical reports.
The above-mentioned serious injuries usually exceed the no-fault system and permit the injured party to seek additional compensation through a lawsuit for pain and suffering – including other non-economic damages.
Why Consulting an Accident Lawyer Immediately is a Must
In the immediate aftermath of an accident, consulting an experienced auto accident attorney is non-negotiable for several reasons –
Help Navigating a Complex Legal System
An experienced attorney understands New York’s complex auto accident and insurance laws. Most importantly, the no-fault insurance system. He or she can help you navigate the legal process efficiently and ensure you meet all legal requirements and deadlines.
Make Sure to Legally Protect Your Rights
An auto accident or personal injury attorney will protect your legal rights from the outset, and advise you thoroughly so that you do not make statements or sign documents that could adversely affect or maim your claim. They will also counsel you on your rights and options.
Collecting and Preserving Evidence of the Accident
A lawyer can provide you with prompt legal assistance. It ensures that crucial evidence is collected and preserved from the start. This includes obtaining police reports, witness statements, and medical records, as well as securing any available surveillance footage and documenting the accident scene.
Support Dealing with Insurance Companies to Validate Your Claim
Insurance companies often aim to minimize payouts regardless of the severity of the accident. An attorney can handle communications with insurance adjusters, negotiate on your behalf, and work to secure a fair settlement that covers your medical expenses, lost wages, and other damages adequately.
Aid in Establishing Fault and Liability of the Parties Involved
Determining fault in an auto accident can be a complex process. An attorney will conduct a thorough investigation to establish liability. This is essential if you need to file a personal injury lawsuit for serious injuries after medical examination.
Get You Maximum Compensation
An experienced attorney will evaluate all potential sources of compensation, including PIP benefits, uninsured/underinsured motorist coverage, and any potential claims against other parties. He or she will make sure you receive the maximum compensation possible for your injuries and losses.
Expertise Handling Legal Procedures
Legal procedures following the accident, including filing claims, lawsuits, and other necessary documents, can be complicated and time-consuming. An attorney can help you handle these tasks efficiently, so that everything is done correctly and promptly.
Help Thoroughly Document Your Medical Treatment
An attorney can guide you on the importance of following medical advice and documenting your treatment correctly. Proper medical documentation is critical for substantiating your injury claims for claiming insurance or during a potential lawsuit.
Represent You in Court (If You Head for a Personal Injury Lawsuit)
If a fair settlement cannot be reached, an attorney can represent you in court. Their experience with litigation will be invaluable in presenting a strong case to a judge or jury on behalf of you.
Give You Peace of Mind Through Complicated Legal Proceedings
We all know that dealing with the aftermath of an accident can be overwhelming. Having an experienced attorney on your side gives you essential peace of mind, and helps you focus on your recovery while they handle the legal complexities.
Consulting an experienced auto accident attorney immediately after an accident is not optional – it’s a must-do. It is the easiest way to make sure that your rights are protected, and that your case is properly managed. And most importantly, representation from a trusted attorney is the best chance of receiving the compensation you deserve.
With AccidentNewYork, You Pay Only If You Win
With over a decade based in New York, Alex Yadgarov & Associates have steadily made a name as trustworthy auto accident lawyers in the state. Since 2009, our experienced team has provided skilled legal representation for clients involved in car accidents of all manner. We offer you, our clients, personalized attention and free consultations, to make sure you understand your rights and options. What sets our team of lawyers apart is our commitment to working on a contingency fee basis—you only pay if you win. Alex Yadgarov & Associates are members of the New York State Bar Association and the American Bar Association. You can rest assured to get the best and most accurate legal advice regarding your personal injury or auto accident claim or lawsuit from us.
Remember that your attorney plays the most important role from the moment of your accident until the end of your case. Always make sure you’re talking to a reputable auto accident lawyer in New York. To find out how to contact a trusted attorney, talk to us here, or get in touch with us at 866-995-9035