Your Trusted Motor Vehicle Accident Attorney – Fight for Your Rights!

When there are that many people, you are going to see a lot of vehicles on the road and unfortunately as a result, motor vehicle accidents have become commonplace. If you look at the NYPD’s crash data, you will notice that the number of motor vehicle accidents has seen a steady rise in recent years.

Some of these auto accidents can leave victims with serious injuries resulting in medical and financial consequences, which your insurance alone might not be enough to cover. As such, when it comes to navigating the complex worlds of vehicle insurance and accident lawsuits, you need the help of an experienced motor vehicle accident attorney.

What are the most common causes of car accidents in NYC?

In New York, as in any other city, the most common causes of car accidents include;

• Distracted Driving (Texting & Driving)
• Tailgating
• Failure to give the right of way
• Speeding
• Drugs and Alcohol
• Fatigued and Inexperienced Drivers
• Vehicle Malfunctions
• Unsafe Lane Changes

What should you do when you are in a car accident in NYC?

If you are a part of an accident in NYC, the steps you take after the accident will prove crucial in securing your health and substantiating your legal claims.

Here are some of the things you should and should not do:

• Call 911 and report the accident — If you are in a condition to do so, immediately call 911 and report the accident.
• Move to a safe location, but remain at the scene — Move to a safe location to stay clear from any oncoming traffic, but remain in close proximity to the scene. If you were to leave the scene, you would be susceptible to the criminal charge of ‘hit and run.’
• Seek medical attention — Whatever happens, your health is what’s most important. If you suffered serious injuries, you are not required to remain at the scene.
• Write down names and numbers and take pictures — Gathering names, number plates, and pictures of the scene will prove important for both insurance claims and filing action in court.
• Do not admit guilt or apologize — Admitting guilt or apologizing will paint you as the guilty party and make it a lot harder to get any sort of compensation.
• Do not accept early settlement offers — Insurance companies will always look for fault and attempt to reduce your payout. While it is tempting, we recommend you hold firm and not accept any early offers.
• Direct all communications to your attorney — As motor vehicle accident attorneys, we can handle all your communications and correspondence for you so you can focus on recovering.

Who are the parties that may be sued in a car accident case?

The process of claiming compensation starts with your insurance company. New York State adopts a “No-Fault Insurance” system, which means that your insurance company is required to pay out a sum, regardless of whoever was at fault for the accident.

However, if you have suffered serious injuries, your insurance payout alone might not be sufficient. When you are filing a suit in New York, the parties you can file a suit against depending on the circumstances include

• The driver of the other vehicle
• Employers of the driver (if the driver was acting in the course of employment)
• Ride-hailing companies (if the driver was part of a taxi/ride-hailing service)
• Auto manufacturers (if the crash was due to a defective component in the vehicle)
• Auto repairs (if the crash was the result of a faulty repair job)
• Entidades gubernamentales

There is a long list of potential defendants, and one or more of these defendants could be liable at the same time. It all depends on the individual circumstances of each case.

What are the types of damages available to you if you’re injured in a car accident?

In New York, the compensation available to victims of car accidents takes the form of economic and non-economic damages. In exceptional circumstances, the courts may also consider imposing on the guilty parties punitive damages.

Economic damages are to compensate for financial costs, expenses, and losses and include:

• Current and Future Medical Expenses
• Temporary and Permanent Disabilities
• Loss of Wages/Income
• Cost of Repairing or Replacing Damaged Property
• Reduced Earning Capacity

The idea of claiming economic damages is for the victim to return to the financial position prior to the accident.

On the other hand, non-economic damages are to account for damages that do not have a set financial value. The most common non-economic damages include

• Emotional Distress
• Depression, PTSD, anxiety & other recognized psychiatric injuries
• Pain & Suffering
• Loss of enjoyment of life
• Pérdida de calidad de vida
• Loss of Consortium

In New York, there is no value cap on non-economic damages, but the valuation is closely connected to the value of the economic damages claimed.

In exceptional cases, if the conduct of the defendant is deemed so reprehensible, the court will consider imposing punitive damages with the sole idea of punishing the responsible party.

How will you determine the value of your claim?

The total value of a claim depends on the combination of the economic and non-economic damages you’ve chosen to include as part of the claim. Therefore, it is often easy to underestimate or overestimate the actual value of the damages.

By sitting down with one of our motor vehicle accident attorneys, you can look at the situation as a whole and consider factors such as:

• The seriousness of the injuries
• How long are the injuries preventing you from working?
• How the injuries have affected you both physically and mentally
• To what extent have your vehicles and property been damaged?

The factors that can be considered will depend on the individual circumstances of your case, which you and your attorney can discuss and figure out.

How long do I have to file a suit for a car accident?

As per Section 214 of the New York Civil Practice Law & Rules, the statute of limitations requires you to file it within three (03) years from the date of the accident.

However, certain exceptional circumstances might cause the time period available to change. For instance, if your suit involves a minor, the court can consider increasing the duration. At the same time, if you are filing action against a government agency, the time available for action is reduced to one year and 90 days from the date of the incident.

Our experienced motor vehicle accident attorneys will ensure that your claims are filed on time and you get the compensation you deserve as soon as possible.

Will you be able to recover damages if you share some of the blame for the car accident?

Yes, you would still be able to recover damages from the accident. However, there is a catch.

The modified comparative negligence system adopted in the State of New York means that anyone who contributed to the accident would also bear some financial responsibility.

This makes the fault and the damages you are able to claim indirectly proportional to one another. For example, if you had contributed around 25% to the accident, the damages you are able to claim are reduced by 25%.

The greater your contribution is to the accident, the lesser the damages you are able to claim.

Why should you involve a motor vehicle accident attorney?

One of the most frequently asked questions among people involved in accidents in NYC is whether they should hire motor vehicle accident attorneys to deal with the situation.

Short answer? Yes, absolutely. If you were to carry out a cost-benefit analysis of hiring an attorney, we guarantee that the benefits would far outweigh the costs. Here’s why:

Understanding of the Law

Unless you have had legal training, it is unlikely that you are fully aware of all the state and federal laws that apply in a car accident. An attorney who specializes in motor vehicle accidents would be able to identify the legal issues and help you understand your rights and liabilities.

Explaining Settlement Options and Setting Expectations

An attorney will go through your case and afterward advise you on the options available to you. They will also advise you on which path is likely to result in a more favorable outcome. This advice will allow you to set your expectations and decide on what you hope to achieve.

Determining the Amount of Compensation

Depending on the severity of the accident, you might be entitled to far more or less compensation than you realize. A motor vehicle accident attorney can look at your situation and value the pain and suffering you have endured as a result of the accident.

Dealing with Insurance Companies

The first step to claiming compensation is filing a claim with your insurance company. However, dealing with insurance companies can be tricky, and they often look for ways to settle for a low payout. An experienced attorney will handle the negotiations and make sure you walk away with the compensation you deserve.

Filing Court Cases

If you decide to file a case, there is a lot of documentation involved. If the proper documents have not been filed, your case might get rejected before it even starts. Your attorney can take care of all the paperwork, answer questions on your behalf, and keep you updated on all the court proceedings.

Representation for the Best Outcome

Technically speaking, you can appear before court without any legal representation. However, the lack of proper legal training and understanding of court proceedings will put you at a distinct disadvantage. On the other hand, attorneys with their expertise and courtroom experience will present compelling arguments and use the evidence available to fight for the best possible outcome.