New York City Car Accident Attorneys
Despite improvements in vehicle safety, driving a car remains one of the most dangerous activities that people engage in on a regular basis. It is therefore not a surprise that car accidents remain one of the leading causes of serious injury and death in New York. According to the New York Department of Health, there are 292 motor-vehicle deaths and 6,207 hospitalizations every year on average in the state of New York. It can be difficult to know where to begin after a serious accident.
Our team of New York City car accident attorneys at Gersowitz Libo & Korek, P.C. are here to help if you or someone that you love has been injured in a car accident. We understand how difficult it can be to move forward after a serious collision. We are committed to helping accident victims get the information and financial resources that they are owed under the law. Contact us today for a free and confidential case evaluation.
Common Causes of Car Accidents
By their very nature, car accidents can be extremely complex events. There is rarely ever just one factor that will contribute to a collision. The events that may lead to an accident could take place minutes, hours, days or even weeks prior to a crash. What follows below are just a few of the most common causes of car accidents in New York.
- Intoxicated Driving: According to one estimate from the Centers for Disease Control, nearly 28% of all fatal collisions involve an alcohol-impaired driver.
- Speeding: Speed is by far the most common contributing factor in car accidents. Even driving the speed limit can be dangerous depending on the prevailing conditions of the roadway.
- Inclement Weather: Drivers often lack experience in driving during adverse weather conditions. Typically, it’s the minutes just after it starts raining when the roadways become the most slick and dangerous.
- Vehicle Defects: Not every car accident is due to negligence on the part of a driver. Some collisions are due to defects with a car’s steering or brake system.
- Improper Turns: In general, drivers must yield the right of way to vehicles traveling from the opposite direction that are close enough to pose a hazard before making a turn.
There should always be a thorough investigation into the circumstances that led up to any crash. Even in the absence of eye witnesses or surveillance footage, the physical evidence left at the scene can help paint a picture of what happened. Accident reconstruction experts can use this evidence to determine what likely occurred prior to a crash.
Sources of Liability For Car Accidents
Depending on the specific facts of any case, there could be numerous sources of liability for a car accident. New York is a comparative fault state in terms of how negligence is attributed for an accident. In practical terms, this means that even if a victim is 99% at fault for a collision this will not bar them from seeking damages through a civil claim. Here are just a few of the potential entities that could be held liable through a civil claim.
- Another Driver: Drivers can be held liable for an accident if they are negligent and commit a traffic infraction. Pursuant to New York Vehicle & Traffic Law § 1180, no driver shall operate a vehicle faster than what would be safe for the prevailing conditions. According to New York Vehicle & Traffic Law § 1141, driver’s must yield to vehicles close enough to pose a hazard before turning left.
- Corporations: In general, companies are liable for the negligent conduct of their employees – insofar as the tortious conduct was reasonably foreseeable and a natural consequence of the worker’s employment. For example, if a truck driver worked for Walmart and then caused a crash, Walmart could potentially be vicariously liable.
- Municipalities: If the driver of a vehicle that caused an accident worked for a city or government agency, that municipality could be held at fault. New York has a very strict statute of limitations for filing claims against municipal entities. Victims must file a notice of claim within 90 days of the accident.
- Vehicle Manufacturers: Many driver’s try to obscure their own negligence for an accident by claiming their vehicle malfunctioned. But at least some accidents are due to vehicles that malfunction during normal use. If this happens, the corporation that created the vehicle or its component parts could be held responsible through a product liability claim.
It is extremely important that evidence is preserved after an accident. Insurance companies will often fight hard to deny responsibility for any collision. A New York City car accident attorney can investigate all of the unique facts of your case and get to the bottom of what caused the accident. Sadly, though, many victims will make common mistakes after they’ve been involved in a collision.
What You Should and Shouldn’t Do After A Car Accident
Accidents can be among the most stressful events that a person deals with. People are more likely to make poor decisions when they are under heavy stress. It’s important to try to approach any accident with as clear a head as possible. Here are a few pitfalls to avoid and steps that you should take after any car accident.
- You should not speak to the other party’s insurance company.
- You should not admit fault.
- You should not assume you’re ok and fail to see a doctor.
- You should not take the first settlement check you’re offered.
- You should continue to seek medical care after a collision.
- You should get the contact information from the other driver and eye witnesses.
- You should document as much evidence as you can.
- You should seek the legal counsel of an experienced New York City car accident attorney.
It’s always a good idea to seek legal guidance as early as possible. Insurance companies have teams of lawyers who are working hard to undermine your right to seek compensation after any accident. An attorney can help ensure that evidence is being preserved. They can also help give you the best possible chance to secure a positive outcome after a serious accident.
Why You Should Hire A Car Accident Attorney
Insurance companies simply do not have your best interests at heart. They make money by paying accident victims either nothing or as little as possible. By contrast, personal injury attorneys are directly incentivized to help you get the largest settlement possible. There are many other reasons why it’s nearly always a good idea to hire an attorney as early as you can after an accident.
- Car accident attorneys work on a contingency basis. It doesn’t cost anything to hire an attorney and they only get paid if they are able to successfully resolve your case.
- Car accident attorneys can help ensure that relevant evidence is preserved.
- Car accident attorneys can seek out numerous potential sources of negligence.
- Car accident attorneys can help maximize the amount that you are entitled to for a collision.
- Demonstrating liability and damages in any case is not easy or straightforward. An attorney can fight on your behalf even if your case is very difficult.
Hiring an attorney is a very personal decision that can be intimidating for some. Our team of compassionate and experienced personal injury attorneys are ready to hear any of your concerns and answer all of the questions that you may have. We care deeply that accident victims are aware of all of their options so that they can make the choice that’s right for them.
Getting Help After A New York City Car Accident
If you’ve been injured in a car accident, the New York City car accident attorneys at Gersowitz Libo & Korek, P.C. are here to help. They have over 39 years of experience helping accident victims and have recovered nearly $1 billion dollars for their clients. You don’t have to fight insurance companies on your own. Our personal injury attorneys will fight hard to get you the medical and financial compensation that you deserve.
Just take a look at some of the five star reviews that clients have left for us. It doesn’t cost anything to hire our attorneys and they only get paid if they are able to successfully resolve your case. We can examine all of the unique facts of your case and let you know how we might be able to help. You’re always welcome to call us at 646-828-1954 for an initial free legal consultation.
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