Car accidents can turn your life upside down in an instant. Even less serious collisions involve medical bills and time spent out of work, and the related costs start adding up very quickly. If you’re in this position, you need to do what you can to pursue compensation and protect your financial health.
Luckily, there are several ways in which you can do this. A car accident lawyer in the Bronx will be able to walk you through all the necessary steps and support you throughout the process.
Car Accidents in the Bronx
Statistics show that road accidents are a consistent problem in the Bronx. The monthly figures for September 2023 revealed there were almost 1,250 motor vehicle collisions in the borough, with 586 of these causing injuries or fatalities.
Sadly, the available statistics also illustrate that many of the car accidents that happen in our community are avoidable. A large number of accidents in New York occur due to human error factors, including:
- Distracted driving
- Drunk driving
If you can show that one of these behaviors played a role in your accident, you’ll stand a much better chance of establishing negligence on the part of the at-fault driver and emerging with the compensation you need to rebuild your life. Of course, you’ll struggle to achieve this without a top-class Bronx car accident lawyer in your corner.
New York Car Accident Laws
The rules of the road are more or less the same in New York as they are anywhere else. However, there are individual features of our laws around insurance and compensation that you should know if you plan to pursue an insurance claim or car accident lawsuit in the state.
No-Fault Insurance System
New York’s no-fault insurance system means that, regardless of who caused your accident, your own car insurance company will cover your medical bills, lost earnings, and certain other expenses up to the limit of your policy. Personal Injury Protection (PIP) is a mandatory form of coverage that all New York drivers must have as part of their insurance policy, providing immediate financial assistance without the need to determine fault. The law requires drivers to have policies that will provide $50,000 of coverage per person for economic losses sustained by themselves, their passengers, and any pedestrians they injure in an accident.
However, the no-fault system has its limitations. It does not provide for noneconomic damages like pain and suffering, and, if your injuries are severe, your medical expenses and lost wages are likely to exceed your PIP coverage limits.
Serious Injury Threshold
To file a personal injury lawsuit against the at-fault driver in a New York car accident, your injuries must meet the state’s “serious injury” threshold. This means you must suffer a bone fracture, substantial disfigurement, permanently limited use of a body organ or member, or some other injury or impairment that prevents you from performing your usual daily activities for 90 of the 180 days directly after your accident.
It can be difficult to prove that your injuries meet this threshold, and insurers may attempt to downplay the severity of your injuries to avoid a payout. Again, the assistance of a capable road accident attorney is indispensable in situations like this.
Contributory Negligence
Say you get in an accident at a set of crossroads in the Bronx. You have a green light and are driving forward as normal when another car slams into your side at high speed. The driver of the other car wasn’t paying attention to their surroundings at the time of the collision, and they were also disobeying the speed limit. However, it later transpires that the traffic signals they were looking at were malfunctioning directly prior to the crash, showing green lights when they should have been red.
Whom do you sue?
The set of facts above is just one example of the way in which liability can be shared among several parties. Luckily, you can file a lawsuit against any person or entity that might have been responsible for your accident, even if this means you have to sue more than one defendant. Under the legal principle of contributory negligence, a court will split the liability between the responsible parties in line with their degree of fault.
It’s worth noting that comparative negligence may also apply to you, the plaintiff. If you were partially at fault for your accident, you may have your compensation entitlement limited by a percentage that corresponds with your degree of responsibility. For example, if you are found to be 30% at fault for an accident and the total damages amount to $100,000, you would be eligible to receive $70,000.
Statute of Limitations
In New York, you generally have three years from the date of your accident to file a personal injury lawsuit. There are various exceptions to this general rule, though, so it’s important to get guidance from a car accident attorney in the Bronx as soon as possible after you get in an accident.
Uninsured/Underinsured Motorist Coverage
Unlike some other states, New York makes uninsured motorist coverage mandatory for every driver. If you’re hit by an uninsured motorist or are involved in a hit-and-run accident, you’ll be able to rely on this coverage (assuming you’re properly insured yourself).
How Our Bronx Car Accident Attorneys Can Help
There’s a lot more to the job of a Bronx car accident attorney than arguing cases in front of judges and juries; in fact, that makes up only a small percentage of what we do every day.
When you visit us for a free initial consultation, we’ll explore the details of your accident and recommend the route you should take in pursuit of compensation. In some cases, an insurance claim will suffice; in others, a car accident lawsuit may be necessary.
Investigating Your Accident
Once we start working on your case, our first task will be to compile all the available evidence and use it to build a picture of what happened. We’ll collect and analyze the police reports on your accident, as well as your medical records. We’ll also seek any footage of the incident, from CCTV cameras as well as the cellphones of passersby.
Dealing with Insurance Companies
Motor insurance companies are notoriously tricky to deal with. They’re for-profit organizations, and they’ll do what they can to reduce their costs arising from claims.
With a top-class Bronx car accident lawyer in your corner, though, you won’t have to worry about an insurance agent taking advantage of you. Our lawyers know all the tricks these companies use to try to gain the upper hand during the claims process, and we know how to counteract them.
Wrongful Death Lawsuits Arising From Bronx Car Accidents
Wrongful death claims are civil actions taken when a person’s death is caused by the negligence, wrongful act, or misconduct of another. If you’ve lost a loved one because of a car accident in the Bronx, you may be entitled to benefits from a lawsuit like this.
It is important to note that wrongful death claims in New York can only be filed by the personal representative of the deceased’s estate, not by family members directly (with the exception of a family member who happens to be the named personal representative).
In the event of a successful claim, damages may include:
- Funeral and burial expenses
- Medical and health care expenses related to the final injury or illness
- Lost wages and benefits the deceased would have earned
- The value of support and services the deceased provided to the family
- Loss of parental care and guidance for surviving children
- Pain and suffering endured by the deceased before death.
Frequently Asked Questions
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How long do I have to file a car accident claim in New York?
In New York, the statute of limitations for personal injury claims is typically three years from the date of the accident. However, there are exceptions, so it’s crucial to speak with an attorney as soon as possible to ensure your rights are protected.
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How much does a car accident lawyer cost?
Our firm operates on a contingency fee basis, meaning you don’t pay us unless we win a settlement or verdict for you. We will discuss our fees upfront, ensuring transparency throughout the process.
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What should I do if the insurance company offers me a settlement after a car accident in the Bronx?
Before accepting any settlement offer from an insurance company, it’s important to consult with an attorney. Insurance companies often offer quick settlements that may not fully cover your medical expenses, lost wages, and other damages. Remember, settlements are supposed to cover the entirety of your costs, and figuring out what this number will be in your case will require detailed analysis and calculation. Only an attorney can do this properly.
Getting Back on Your Feet After a Car Accident in the Bronx
The recovery process following a car accident in the Bronx, or anywhere else, is never easy. However, while you’ll always have to deal with the medical issues and practical difficulties that follow a collision on the road, you shouldn’t also have to deal with the associated financial costs if the accident wasn’t your fault. By working with an experienced Bronx car accident lawyer, you’ll give yourself the best possible chance of securing the compensation you need to get your life back on track.
Contact us today to schedule a free initial consultation. You can reach us over the phone at (516) 399-2364, or get in touch via our online contact form.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]