As a driver in New York, unfortunately, you face a higher risk of being involved in a motor vehicle accident than in many other states. New York sees over 300,000 car accidents yearly, ranging from minor fender benders to life-threatening multi-car pileups. When an accident occurs, it’s critical to know the types of accidents that could happen and how an attorney will evaluate and handle each unique case. Whether it’s a rear-end collision on the Cross Bronx Expressway, a drunk driving accident in Manhattan, or a distracted driving crash in suburbia, New York car accident lawyers have seen and handled them all. Educating yourself on the common types of accidents in New York and how attorneys determine fault and liability can help ensure you get the maximum compensation you deserve if you are in such an unfortunate situation.
Rear-End Collisions: Why You Need an Experienced Car Accident Lawyer in NYC
Due to heavy traffic and distracted driving, Rear-end collisions are common in New York City. If you have been in an accident of this nature, consulting with an experienced car accident attorney in NYC is in your best interest. They can determine who is at fault and fight for the maximum compensation you deserve.
Why You Need a Lawyer
Following a rear-end incident, insurance companies will frequently try to take advantage of you. Even if you have severe injuries or car damage, they want to pay as little as possible. A skilled auto accident attorney in NYC understands how to deal with insurance companies and construct a strong case to show responsibility and liability. They can get evidence from the accident scene, get police and medical records, and, if necessary, employ expert testimony. An attorney also understands the complex laws regarding negligence and personal injury in New York. They can determine how much your claim is truly worth based on factors like:
- Medical bills and future treatment costs
- Lost wages from missed work
- Pain and suffering damages
- Permanent disabilities or disfigurement
How Attorneys Investigate Rear-End Collisions
Attorneys conduct an investigation into the cause of the accident. They obtain the police report, which indicates if any driver was cited for a traffic violation. They interview witnesses and take photographs of the damage to both vehicles. They review details like the position of the vehicles after the impact to determine the force of the collision. Multiple impacts may also indicate reckless driving by the at-fault party.
With the help of expert investigators and accident reconstructionists, attorneys build a case to prove negligence and maximize your settlement or verdict if the case goes to trial. Their experience and expertise significantly increase your chances of a fair outcome.
Sideswipe Accidents: Proving Fault and Recovering Damages
Sideswipe accidents refer to collisions where two vehicles scrape or swipe against each other, often while changing lanes or merging. In New York, sideswipes make up over 10% of all car accidents. As an attorney handling these cases, proving fault and determining appropriate damages is critical.
To establish liability in a sideswipe accident, you must gather evidence like witness statements, photos of the vehicles involved and the scene, and police reports. Skid marks, debris patterns, and damage locations can reveal which vehicle struck the other. Statements from drivers and passengers in both vehicles provide differing accounts to compare.
Once a fault is established, you can pursue compensation for your client. Common damages in sideswipe cases include:
- Vehicle repairs or replacement: The at-fault driver’s insurance typically covers repairs to both vehicles. If a vehicle is totaled, its fair market value is sought.
- Medical expenses: Any injuries from the impact or resulting accident require compensation for doctors’ visits, medication, physical therapy, and other costs.
- Lost wages: If injuries prevent your client from working, you can pursue wages lost during recovery.
- Pain and suffering: Additional damages for the physical and mental anguish, and declined quality of life resulting from injuries. Difficult to quantify but can be substantial.
By gathering evidence to prove fault and documenting all resulting damages conclusively, attorneys can build a persuasive case for fair compensation following a sideswipe accident. Successfully recovering damages helps clients move on from these traumatic events.
Pedestrian Accidents: Holding Negligent Drivers Accountable
Pedestrian accidents are particularly tragic, often resulting in severe injuries or death. As an attorney handling pedestrian accident cases in New York, it is critical to conduct a thorough investigation to decide the cause of the accident and identify the negligent party.
Typically, the vehicle’s driver is considered at fault for pedestrian collisions. Drivers must exercise reasonable care towards anyone they may foreseeably harm, including pedestrians. Failure to yield the right of way to pedestrians in crosswalks, running red lights, distracted or impaired driving, speeding, and reckless behavior are common causes of pedestrian accidents attributable to driver negligence.
Once the fault has been established, attorneys build a case to recover damages for the victim and their family. This includes costs for medical care, lost wages, and wrongful death damages where applicable. In some cases, punitive damages may also be pursued to punish the defendant and deter similar conduct.
Settlement negotiations aim to reach an agreement that provides fair compensation without a trial. However, if a reasonable settlement cannot be achieved, the case proceeds to court, where a judge or jury will determine the outcome. Litigation allows attorneys to question witnesses, present evidence, and argue the case’s merits to establish liability and the appropriate value of damages under the law.
In summary, pedestrian accident cases in New York require skilled legal counsel to advocate for victims and their loved ones. By conducting a thorough investigation, establishing fault, and pursuing fair compensation through settlement or trial, attorneys can hold negligent drivers accountable and help clients recover from life-altering injuries or tragic loss.
After reading this overview of the most common types of car accidents and how New York auto accident attorneys handle the legal processes for each, you should better understand what to expect if you’re ever involved in an auto collision. Whether it’s a rear-end accident, head-on collision, rollover, or T-bone crash, the steps are essentially the same. Remain at the scene, contact the authorities, exchange information with other drivers, get prompt medical attention, document everything, and contact a car accident attorney to help you through the complicated legal aftermath. While no one ever plans to get into a car accident, being prepared and knowing your rights and responsibilities can make a difficult situation a little easier to navigate. An attorney can take all of the legal work so you can focus on recovery. Drive safely!