New York City Car Accident Lawyer
Car crashes are traumatic events. If you’ve been in one, you’re likely experiencing a great deal of stress and concern about what to do next. If you were injured in an auto accident, you might be considering your legal options to get compensation for the costs you face.
Our New York car accident lawyers are here to help. As New Yorkers, we know that New York City isn’t the most hospitable environment for drivers. Not only do we know that law, but we know how to get you results. Our team meets you on your terms, and we want to make the process as simple and pain-free as possible. We’re on your side. The New York City auto accident attorneys at Kaplan Lawyers PC want to get you the results you deserve.
Request Free Case Review
Vehicle Accidents in New York State
There are around 300,000 auto crashes in New York every year, according to the New York State Department of Motor Vehicles. That is an average of 822 daily crashes in our state. About 40 percent of these crashes lead to serious injuries or death.
Our New York City car accident attorneys have decades of experience helping those who have been killed and seriously injured in these accidents. The compensation a victim receives after a crash can help alleviate the physical, emotional and financial challenges they face.
What to Expect After a Car Accident in New York
- 1. After a vehicle crash, police officers and possibly emergency medical responders will come to the scene of the crash.
- 2. The police officer will ask you some basic questions about the incident.
- 3. If you have suffered injuries, you will be treated and may be taken to the hospital for further examinations. It is always best to seek medical treatment, even if you suspect your injuries are minor.
- 4. Keep copies of police reports and medical bills. In the days or weeks that follow, you will be contacted by insurers (both your own and that of the other driver).
- 5. You DO NOT have to speak to another driver’s insurance company. Instead, tell them to speak to your attorney. After a vehicle crash, you might be able to receive compensation for the damages suffered, even if you share some fault for the incident.
Featured Article: New Research about Causes of Car Accidents Reveals Fresh Dangers
Sometimes it seems as if life used to be simpler. When we drove, we had fewer distractions and fewer things to worry about. Were they truly the good old days? Perhaps, because increases in the number of distractions around us while we drive would hardly appear to be a good thing. New research now available reveals the risks, and the links to the risks, that raise the chances of a car crash. Read Full Article
The Most Common Causes of Car Accidents in New York
There are many causes behind the staggering number of accidents. They include drinking and driving, failure to obey traffic controls and aggressive driving. But distracted driving continues to be the leading cause of car accidents. The most significant distraction to drivers today is the use of cellular phones and other mobile devices. Studies show that texting takes a driver’s eyes off the road for approximately five seconds. If a driver is traveling at 55 miles per hour, he will travel the length of a football field without looking at the road while sending a text.
Types of injuries
A vehicle accident can lead to very serious injuries, including…
- Traumatic brain injuries
- Spinal cord injuries or paralysis
- Internal injuries
- Broken bones
- Soft-tissue damage
- Wrongful death.
In many cases, a car accident causes more than just one injury. You might be suffering from extensive trauma that is expensive to treat and limits your ability to work. If this is the case, you have experienced significant damages from your accident, and you should contact an experienced New York car accident lawyer to explore your legal path toward compensation.
Leading Causes of New York Auto Accidents: By the Numbers
Of the 254,829 vehicle crashes in New York in 2014:
44,219 crashes were caused by a driver’s following another vehicle too closely.
11,093 crashes were caused by unsafe backing.
40,099 crashes were caused by failure to yield right of way
11,093 crashes were caused by unsafe backing.
48,774 crashes were caused by driver inattention or driver distraction.
No-Fault Laws in New York
In 1973 the New York State Legislature passed what is commonly referred to as the “No-Fault Law” to provide for the economic needs of people injured in automobile accidents. No-fault coverage will pay for medical bills, prescription costs, household services, transportation to medical providers, and lost wages up to the amount of coverage selected by the policyholder. However, there are many restrictions and filing requirements relating to no-fault laws, so it is essential that you consult with our car accident lawyers to ensure that you receive all the benefits you are legally entitled to. Additionally, the true intent of the no-fault law was to limit an injured person’s ability to collect money for their pain and suffering. The statute is very restrictive, and many people who suffer significant injuries do not receive compensation for the impact that an accident has had on their lives.
How is fault determined?
Each state has its own set of laws regarding fault. New York is a comparative fault state, which means that even if someone was partially responsible for an incident that caused their injury, they still have the legal right to pursue compensation for the damages they have suffered.
Tips for Dealing with the Insurance Agency
- You are under no obligation to speak to another driver’s insurance representative. It’s likely that they will do whatever they can to lessen the amount of money they pay you.
- If possible, they will find a way to deny your claim completely. One of the ways they do this is by using your own words against you. If you are contacted by another driver’s insurance company, tell them to talk to your attorney.
- When it comes to your own insurance company, you should be cooperative and report your accident and injuries after they happen.
- It’s also important to know that you don’t have to settle for an offer that doesn’t meet your needs. If you are offered less than you deserve, consider having an attorney argue your case for you.
What is Negligence?
Negligence is one of the most important concepts in personal injury law. Negligence is carelessness or recklessness. If someone acts in a manner that disregards the safety of others, whether or not they intend to cause harm, they are considered negligent.
Why You Need an Attorney
To handle a personal injury claim properly, you need…
- A deep understanding of the law.
- The time and resources to handle the day-to-day processes of filing a claim, such as preparing and filing paperwork, corresponding with attorneys and insurance companies, and gathering evidence to build your case.
- Access to expert witnesses that can back up your claims with credible science and experience.
- The experience to avoid common mistakes people make when filing a claim on their own.
- The knowledge and resources to research laws and relevant cases to build a successful case.
Few non-attorneys possess the skill, knowledge and experience required to meet the challenge. By having an attorney represent you in a personal injury case, you’ll be maximizing your case’s chances for success and making sure you aren’t settling for less compensation than you deserve.
Getting Medical Treatment
If you suspect you have suffered an injury, the most important step you can take is to seek medical attention. Even if you aren’t sure how seriously you are injured, your health is never something you want to risk. There are also legal ramifications if you forgo needed medical treatment. An opposing attorney or an insurance company will allege that you were never seriously injured if you didn’t bother to see a doctor. Don’t risk your health or give the other side the opportunity to make this argument. Get medical treatment.
Featured Article: Is Society Evolving Into a More Dangerous World for Drivers?
There is a narrative we hold near and dear in America: Progress makes life better. In a blink of the proverbial eye, technology has created a world that is more connected and convenient than ever before. For the most part, we’re healthier, safer, and smarter. For all their virtues, emerging technologies bring with them their own challenges. Innovation opens the door to both improvement and peril. I submit that we’re seeing a bit of both on the highway horizon. Read Full Article
New York City Driving Safety
Traffic jams, honking horns, endless streams of pedestrians – these are just a few of the many frustrating hallmarks of New York City’s streets. Navigating these obstacles is difficult. It requires focus and patience. Most importantly, it means knowing the risks we face so we can be prepared and avoid them whenever possible. Our Infographic looks at some of the most severe injuries in New York auto accidents, along with a few of the most common types of wrecks.
Things to Always Keep in Mind
Do I still have a lawsuit if I was in a single-car crash?
There are many situations in which a single-car crash can result in a successful injury claim. For example, a product liability claim can be filed if a defective vehicle caused your crash. If another driver causes your crash because they were reckless, they can still be held accountable for costs associated with your injuries. In other words, if your accident was caused by someone else’s negligence, you should still consider your legal options.
How do I know if I have a claim?
- a) Have been injured,
- b) Have incurred major expenses and damages from the injury, and
- c) Believe that your injuries are someone else’s fault…
You likely have an injury claim. Contact a personal injury attorney to find out more about your legal options.
What is a contingency fee?
A contingency fee means that the client pays the attorney’s fee only if the case is successful and owes nothing if it is not. At Kaplan Lawyers PC, we operate on a contingency fee.
Settlement vs. Trial
A settlement is the resolution of a lawsuit through an agreement for a specified amount of money. When such an agreement can’t be reached, the matter goes to trial.
How much is my case worth?
An injury claim can range from thousands to millions of dollars. It all depends on the extent of the damages you have experienced. The more serious and costly the injuries you’ve suffered, the more you should be given in compensation for those injuries. To get an estimate of your case’s value, contact an experienced personal injury attorney for a free consultation.
Statute of limitations
In New York, the window of time you have in which to file a claim is three years from the date of your injury. However, it’s always best to start your claim as soon as possible to maximize the chances of a successful case.
Costs of an New York car accident attorney
Launching a personal injury claim can be an intensive process for a law firm. The time, effort and resources required to build a successful case can be substantial. Attorneys can choose how they want to be paid. Some may work on an hourly rate, while others might want some payment upfront. However, many personal injury lawyers work on a contingency fee. This type of payment is good for clients because it means that they don’t have to carry the costs of a claim if it is ultimately unsuccessful.
Fast Facts on New York Car Crashes
- 1 In 2014, 160,497 people were injured in New York vehicle crashes.
- 2 1,026 people were killed on New York roads in 2014.
- 3 Vehicle fatalities in New York cost $1.59 billion in 2013; $19 million of these costs came from medical bills and another $1.57 billion stemmed from work-related costs.
- 4 The most dangerous time of day on New York roads is rush hour (from 3pm to 6pm) on Monday through Friday.
- 5 68.6 percent of auto accidents involved two or more vehicles.
Top 5 Mistake Made After an Automobile Accident
The New York auto wreck attorneys at Kaplan Lawyers PC have decades of experience and a proven track record of helping people who have been hurt in a car accident receive the money that they are entitled to. Contact us for a consultation to learn what benefits you are eligible for. The consultation is free, and we charge no fee unless we recover compensation for your pain and suffering.
- Admitting fault at the scene of the accident before you have all the facts
- Not filing an accident report with the police
- Assuming you will feel better and not seeking medical attention
- Believing that an insurance company will deal with you fairly
Not hiring an experienced attorney who will complete all filings to protect your rights and ensure that you will receive the compensation that you deserve.
How Can We Help?
Our NYC car accident lawyers have built a reputation on the exceptional service we offer clients and the sizable results we achieve in claims. We go out of our way to do things on your terms. If you can’t make it to our office because of your condition, we’ll come to you. If you have needs that we can help you meet, we will offer you access to all of our resources to make that happen. Most importantly, we have the experience, resources and skill to get you compensation that truly reflects the suffering you’ve experienced. We get results for our clients, and we make sure they don’t settle for less than they deserve.
How does a settlement work?
A settlement usually requires a significant amount of negotiations between the legal representatives of the parties involved in the lawsuit. The process can be quick (resolved in a matter of several days or weeks) or take more time (several months or longer), depending on the complexities of the case.
What leads to a successful lawsuit?
A successful lawsuit is the result of a sustained, strategic effort of an attorney and his or her team. An attorney must gather evidence, conduct investigations, consult experts, research laws and build a case that can be presented before a jury.
Should I feel bad about suing someone?
There’s no reason to feel bad about filing a lawsuit against someone who truly carries responsibility for the injuries you’ve suffered. It is only fair that they pay for their role in the incident. In many cases, the compensation you’re seeking will be paid by an insurance company. It’s also helpful to consider the larger context of your claim. Because lawsuits hold negligent people and organizations accountable for wrongdoing, they can prevent others from suffering similar injuries by discouraging further negligent behavior.
How does a trial work?
In a trial, both sides’ legal representatives argue their client’s cases before a judge and a jury. The jury will decide if the person accused of causing injuries should be held responsible and how much they owe the injured party.
Who can be sued?
Anyone who bears fault for the injuries you’ve suffered should be held accountable in a lawsuit. It can be one person or several people. It can be a business or organization. When you hire a New York car accident attorney, they will investigate the circumstances surrounding your case to help you determine who was at fault and who will be named in your lawsuit.