Car accidents can leave victims reeling. You may be injured. You could be without transportation because of damages to your vehicle. The aftermath of an accident can be expensive. You may have medical bills to pay or damaged property to replace. You might be wondering how to seek compensation, especially if the accident was not your fault.
A New York car accident lawyer may be able to help you seek compensation for:
- Medical expenses. If you were injured in a crash, the costs of medical treatment can add up quickly. An attorney can help you fight for awards to cover emergency department visits, hospital stays, surgeries, medications, physical therapy, ongoing treatments, and more.
- Property damage. You may be entitled to awards to cover the costs of repairing or replacing your vehicle. If any other personal property was damaged in your accident, you may be able to seek compensation for those items, as well.
- Lost wages. If your injuries caused you to miss work, you may be able to seek damages for lost wages. If you are unable to work in the same capacity as before your accident, you may be eligible for future lost wages or permanent disability payments.
- Pain and suffering. You may be compensated for stress, anxiety, mental anguish, and loss of enjoyment of life. These damages may also compensate victims for permanent scarring, loss of a limb, or disfigurement.
- Wrongful death. If your loved one was killed in a car accident, a lawyer may be able to help you seek compensation on their behalf. You may also be able to seek damages for your loss of support and pain and suffering.
After an auto accident, you should not be left searching for answers and wondering how to recover financially. A New York car accident lawyer with Ben Crump Law, PLLC may be able to help you with your case. For a free case review today call (844) 730-0233.
Crash Causes
According to the Institute for Traffic Safety Management and Research (ITSMR), there were 403,143 motor vehicle crashes in 2019 in the state of New York. Of these, 856 resulted in fatalities, 105,698 in personal injuries, and 296,589 in property damage. Most accidents are caused by driver error. In fact, the National Highway Traffic Safety Administration (NHTSA) found it was the critical reason for 95 percent of crashes.
Common causes of automobile accidents include:
- Speeding
- Driving under the influence
- Distracted driving (talking on the phone, texting, eating, etc.)
- Reckless driving
- Failure to yield
- Failure to obey traffic signs and signals
- Unsafe road conditions
- Weather conditions
- Vehicle defects
- Improper turns
A New York car accident lawyer can help you determine the cause of your crash. Whether it was another driver’s negligence, an improperly maintained roadway, or an issue with one of the vehicles involved, an attorney can help you determine who is liable. For a free consultation regarding your New York car accident contact Ben Crump Law, PLLC.
For a free legal consultation with a car accidents lawyer serving New York, call (844) 730-0233
New York Car Accident Laws
If you have been in a car accident, there are several state laws and regulations you will likely want to consider.
Insurance
New York is one of only twelve states that has no-fault insurance laws. This means that every driver involved in the accident must submit a claim to their own insurance provider.
According to the New York State Department of Financial Services (DFS), drivers must carry personal injury protection (PIP), liability protection, and protection against uninsured motorists to meet the financial responsibilities necessary to register a vehicle and obtain license plates.
No-fault, or PIP, insurance is meant to encourage prompt payment for all drivers, regardless of fault or negligent behavior. Under the law, civil lawsuits to recover damages can only be brought for economic losses that exceed no-fault benefits (typically, $50,000 per person for basic no-fault coverage). Noneconomic damages, like those for pain and suffering, can only be sought in certain instances where a serious injury occurs.
Negligence
New York operates under a model of pure comparative negligence. This means you may still seek awards even if you are 99 percent responsible for your car accident. Any awards you receive will be reduced by your amount of fault. For example, if your settlement is $100,000, and you are found to be 60 percent at fault, you would receive $40,000.
Accident Reporting Laws
Accidents involving bodily injury or death should be immediately reported to law enforcement, as well as the New York Department of Motor Vehicles (DMV). The DMV also requires reporting of accidents involving more than $1,000 in property damage. Reports must be filed within 10 days of the accident, and the crash appears on the records of all drivers involved.
Statutes of Limitations
Statutes of limitations are time limits, set by law, that determine how long a person has to bring action in court. New York statute of limitations to sue for personal injury or property damage is three years. The clock on the statute of limitations begins at the time of injury, or the time property damage occurs.
The statute of limitations for wrongful death is two years. The clock begins at the deceased’s time of death. If the statute of limitations expires, you may not be able to seek awards in court.
A New York car accident lawyer can help you better understand New York insurance requirements, liability, accident reporting laws, and help you file a claim before the statute of limitations runs out.
New York Car Accident Lawyer Near Me (844) 730-0233
Contact Ben Crump Law, PLLC Today
If you have been injured, you should not have to fight for justice alone. The legal team at Ben Crump Law, PLLC is here to help you through every step of your case so that you can focus on your recovery.
Ben Crump Law, PLLC is not afraid to take on insurance companies, auto manufacturers, or anyone else who may be a party to your case. Our team can gather evidence, build a strong case and file a claim to secure a fair settlement on your behalf.
Ben Crump Law, PLLC offers free consultations, and our firm only collects a fee if we win your case. To learn more about how a New York car accident lawyer may be able to help you, contact our offices risk-free at (844) 730-0233.
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