Accidents happen every day and our New York car accident lawyers are available to help you determine your rights. It is easy for New Yorkers to wonder why they own a car at all? It’s expensive to maintain, stressful to drive, and usually impossible to find parking. On top of all of that, getting into a vehicle and riding down the road is usually the most dangerous activity of the day! Yet, New Yorkers all over continue to drive and car accidents are so common that most of us completely forget about the lurking dangers that always exist when we’re on the streets of our city.
If you or someone you love has been injured in a car accident, contact a car accident lawyer immediately to find out about your rights.
Discussing Your Rights with a Personal Injury Lawyer
The car accident lawyers at The Rothenberg Law Firm represent clients from all over NYC, and they will help you understand your legal rights. Let the experienced legal professionals at our firm determine whether you have a personal injury case in which we can help you get maximum compensation.
***Your initial case evaluation is always free.
***We do not take a fee, unless and until we are successful in recovering money for you.
Frequent Questions That May Arise Following A Car Accident in NYC:
It is impossible to make generalizations about the value of any car accident case without knowing the details of the injuries and the manner in which the accident took place. The law allows recovery for a wide range of situations, many of which may not be readily apparent to the injured party. By contacting a car accident lawyer you may find that you are eligible for multiple forms of compensation, such as:
- pain and suffering
- lost past wages
- future income loss
- loss of health care benefits
- medical bills
- loss of value of household services
- loss of consortium (where your spouse has been negatively impacted by your injury)
- wrongful death
An experienced NY car accident lawyer will always consider a range of issues when making determinations about what damages to seek. Be careful not to fall for the trap of believing the worth of your case based on the value that an insurance adjuster has placed on your claim or solely property damage. Always keep in mind the fact that an insurance adjuster is not advocating for your interests and he or she has the incentive to drastically underestimate the value of your losses. Only an experienced motor vehicle accident attorney with a duty to fight for your interests, can provide a fair assessment of the value of your case.
The moments following an accident can be the most terrifying time of one’s life. In the aftermath of an accident it is important to obtain crucial information. It is an unfortunate fact that it is not uncommon for people to try to disappear after an accident, particularly if they were at fault, and if you do not collect insurance information, addresses, and similar information at the scene of the accident you may not have the ability to get this information at a later date. For this reason it is also almost certainly in your best interest to make sure that a police report is taken at the scene of the accident.
You can access The Rothenberg Law Firm’s checklist for “What To Do After A Car Accident.”
The first thing that many individuals wonder when they are hurt in an auto accident in NYC is if they have a case. Of course it is impossible to say with certainty whether one has a valid legal claim without knowing the full details of the situation. However, in general, if you were injured because of the negligence of someone else, you may very well have a legal claim against the person who injured you. Because every situation is very fact-specific, you should always consult a personal injury attorney to review the facts of your situation. The attorneys at The Rothenberg Law Firm LLP always offer a free consultation. Therefore, there is nothing to lose by explaining how you were injured and learning how the law applies in your specific situation.
***In New York, there is a 30 day time frame to file for No-Fault benefits following a car accident. Therefore, before proceeding on your own, it is crucial to understand the pitfalls of trying to handle your case without legal representation.
Following a car accident in NYC, especially in our fast-moving city, it is understandable for an individual to want to settle the matter quickly and move on as soon as possible. As a result, many people are tempted to try to take care of all issues—including legal issues—without getting help from an attorney.
You can be sure that those representing the negligent party—almost always an insurance company—will be lawyers working to pay out as little as possible. Insurance companies and their attorneys often calculate the value of your claim based on how aggressive they feel the injured party will fight for full compensation for the harm caused. When you retain a lawyer to fight for you, you are essentially ensuring that you are not taken advantage of by the other side.
You should retain an attorney who has vast experience in handling car accident cases and one who is able to stand up to the insurance company at all costs. If the other side is not cooperating and your case requires judicial intervention, the attorney must be prepared to take the case to court to ensure full and fair recovery. Knowing that you are willing to go as far as necessary to ensure justice by obtaining experienced legal counsel often means that the opposing side will deal more reasonably right from the start.
You need an attorney knowledgeable and experienced in New York law to fight for your rights and to show the insurance company that you are serious about your case. An auto accident attorney at The Rothenberg Law Firm LLP will take your injury case on a contingency fee basis, which means that you do not have to pay any money up front—our lawyers are only compensated following a successful recovery.
It cannot be reiterated enough that insurance companies are in the business of paying as little as possible for every claim, to help them maximize company profits. No matter how nice the insurance adjuster seems, the adjuster’s only goal is to pay you as little as possible. In fact, the adjuster is usually rewarded for resolving claims for as little as possible and as quickly as possible.
For these reasons, an insurance adjuster will contact you immediately after your car accident and may even offer to visit you soon after an accident. In fact, the adjuster often comes ready to make an immediate payment in order to convince you to accept a settlement worth much less than you actually deserve. This is an underhanded tactic used to end a matter right away when an injured party is at their most vulnerable. It is extremely important not to fall for the shady practices of the insurance company. There is no reason to rush into accepting a settlement or offer from an insurance company without first seeking legal help. You should always think through all legal decisions and not sign away your legal rights without being fully informed of the consequences.
In New York the Statute of Limitations allows three years from the time of the accident for victims injured in an accident to file a lawsuit and only 2 years for family members to file a wrongful death lawsuit on the behalf of a deceased family member.
In other words, if someone were injured in a car accident, they would have only 3 years to file as a plaintiff in a lawsuit. If injuries from a car accident result in death, the family or representative of the decedent has only 2 years to file a wrongful death lawsuit in New York state.
Car accidents in a government vehicle have even less time to file. Which is why it is always important to discuss your situation with a lawyer as soon as possible because every case is different.
Please remember: The insurance company’s sole interest is in ensuring that you receive as little as possible. Do not deal with the insurance company alone. Retain the services of a car accident attorney who can ensure that your rights are protected. For more information, click here.
Understanding What Causes Car Accidents in New York
According to the latest statistics made available by the New York Department of Motor Vehicles (DMV), there were over 78,000 car accidents in Manhattan, Queens, Staten Island, the Bronx, and Brooklyn in 2010. A large majority of those (over 53,000) included personal injuries- with 270 fatalities.
If you are involved in an accident in the city it is important to get in touch with a car accident lawyer. Most of these tragedies are entirely preventable and result from unreasonable behavior. The three most common causes include
- Negligence – driver error;
- Defective Vehicle – bad parts or design defects; and
- Third Party liability – unsafe road design, unreasonable safety hazards, improper road signage.
By far, the single most common cause of New York car accidents is driver error—negligence. The latest DMV data shows that over 66% of all accidents involved two vehicles, with one of those drivers making some sort of mistake to cause the collision.
Top “Human” Factors Leading to NYC Car Accidents in 2010:
- Driver Inattention/Distraction – 11, 812 accidents;
- Failure to Yield Right of Way – 5, 955 accidents;
- Illness Behind the Wheel – 5,877 accidents;
- Speeding – 3,139 accidents; and
- Ignored Traffic Signs/Lights – 2,521 accidents.
II. Defective Vehicles:
What makes car accidents so prevalent is that no matter how careful you are, there is always a chance you may be involved in an accident. For one thing, another driver often makes a mistake causing the collision. In addition, there may be problems with your vehicle itself which results in an accident.
Unfortunately, manufacturers of vehicles often cut corners, putting unsafe cars on the road that either make an accident more likely to occur or make the harm from an accident more serious because of improper safety standards. Car accident lawsuits stemming from defective vehicles may involve issues like defective tires, high rollover susceptibility, malfunctioning seatbelts, defective door latches, dangerous air bags, deficient crashworthiness, and inadequate roof strength.
Until it happens to you, it’s easy to think that these problems are fluke events. But many New Yorker’s continue to suffer serious injury (and even death) because of defects with their car.
For example, according to the NY DMV there were over 550 cases of defective brakes, nearly 150 accidents caused by tire failure, and 126 crashes connected to steering wheel problems in the five boroughs alone in 2010.
III. Third Party Liability:
The type of negligence which individuals are least familiar with involves unreasonable conduct by those responsible for maintaining safe roads—namely public entities. This includes situations where road signs were missing, defective roadways were ill-maintained (large potholes), and situations where construction equipment or other material was left in the road. The DMV noted 216 crashes caused by obstructions in the road and 85 accidents connected directly to failed traffic control devices (street lights) in 2010 alone.
NYC Car Accident Lawyers
If you or a loved one is involved in a traffic accident in the city, consider getting in touch with the NYC Car Accident attorneys at The Rothenberg Law Firm LLP. We have decades of experience helping residents maximize compensation for their losses and are available to assist residents throughout the 5 boroughs (Manhattan, Queens, Staten Island, Bronx and Brooklyn), Nassau county, and Suffolk county.
Contact us today, 1-800-624-8888:
***Your initial consultation is always free. We do not take a fee, unless and until we are successful in recovering money for you.
Some lawsuits must be filed before an impending expiration date, known as the Statute of Limitations. Therefore, call or contact us right away to ensure that you do not waive your rights to money damages or other benefits.