What do I Need to Know if I Was Injured in a Car Accident?
Thousands of car accidents happen every day on the streets of Manhattan, New York City and New York in general. Being involved in a car accident can definitely be a traumatic experience. Our firm knows how difficult your life can become after a car accident.
From expensive medical treatments to loss of income, there are a variety of factors that can complicate the victim’s life quickly after an accident. In addition to the victim, the majority of families of the victims also suffer from financial hardships because the car accident victim is unable to work due to his/her injuries.
According to the New York State Department of Health, motor vehicle traffic crashes are the leading cause of injury-related death for New York State residents.
During the period from 2012-2014, there was an annual average of 1,098 deaths, 12,093 hospitalizations and 136,913 emergency department visits because of motor vehicle traffic injuries among New York State residents.
Motor Vehicle Accident Lawyer
Nineteen (19) people died in 167,686 NYC motor vehicle accidents in January 2019. More than half of the fatalities were pedestrians. Three (3) of the fatalities were cyclists, Three (3) were passengers and Three (3) others died behind the wheel. For the third consecutive year, New York City auto accident injuries in January stayed above 4,000. 4,347 people were injured in motor vehicle accidents in New York City in January compared to 5,361 in December 2017 and respectively 4,351, 4,383, 3,624, 3,449, 3,899 and 3,993 in January 2018, 2017, 2016, 2015, 2014 and 2013. Half of NYC fatal pedestrian accidents occur on 7% or 424 miles of the city’s streets.
This is simply unacceptable. Many drivers behave carelessly behind the wheel, are in too much of a rush and cause unnecessary accidents as a result. Such careless behavior includes driving while intoxicated, texting while driving, using GPS systems, engaging different apps, speeding excessively or failing to yield at intersections. These types of behavior would support a negligence claim if someone is harmed as a result. A victim may be able to obtain compensation for medical expenses, lost income both past and future, pain and suffering, and other costs and losses. The Law Offices of Darren T. Moore endeavors to hold those careless drivers and the owners of those vehicles accountable for their actions by seeking 100% justice for our clients who have been injured as a result of that negligence.
New York Car Accident Laws
Each and every day we hear the sounds of a honking horn, the screeching of tires and erratic driving on the streets and roads of New York City, Manhattan, New York. Unfortunately, as outlined above, the statistics are astounding when it comes to the sheer number of car accidents that occur every day. From fender benders to car wrecks, the NYPD, FDNY, and EMS ambulances are called to the scenes of car accidents each and every day.
Manhattan, New York, New York Cities outer boroughs and New York in general follow a no-fault insurance system. In the event of a car accident, you will receive coverage for all medical treatment and partial payment for lost time from work from your own insurance company irrespective of who is at fault for your accident. One of the main benefits of this no-fault system is that you don’t have to prove the other driver or drivers were negligent to collect benefits. The system provides that in general you have a pool of $50,000 to cover all medical expenses and lost earnings as it relates to your accident.
In addition, where you have sustained what the Law in New York defines as a “serious injury” you are entitled to bring a claim against the offending vehicle(s) for injuries that you have suffered. What is a serious injury? In New York, a “serious injury” includes:
- Bone fracture(s)
- Significant disfigurement – Scarring
- Substantial disability for more than 90 days out of the first 180 days post accident
- Limitation of use of a body organ, member or function – either permanent or significant
- Significant limitation of body function
What do I Do if I Am Involved in an Accident?
Your health is your wealth and the most important thing to do if you have been injured is to get the treatment you need, whether that’s from the emergency room of a nearby hospital or a nearby urgent care facility. The last thing most people think of when they have been injured is what should I do if I later bring a lawsuit but if you have been involved in a car accident, below is a list of tips for what you should do:
- Call the police ALWAYS!!!!!!!!!
- Tell the police exactly what happened
- Do not admit fault or even say “Sorry” to the other driver(s)
- Obtain the insurance information and license plate number of the vehicle(s) involved in the accident
- Take pictures of the damage done to your vehicle and the other vehicle(s) involved
- Determine if there are any witnesses
- Document everything
- Seek medical attention immediately
- Provide medical staff with your correct name, address and facts relating to your accident
- Make sure that you inform the EMS personnel and the staff at the ER/Medical facility of all ailments, not just the one that hurts the most at that time
- Contact personal injury car accident attorneys’ at The Law Offices of Darren T. Moore PC.
What does the Law Firm Do for Me if I Am in a Car Accident?
- File No Fault application for you with your insurance company
- File a Notice of Claim if the City or a municipality was involved
- Obtain the owner and operators information and insurance details of the vehicle(s) involved in your accident
- Investigate your claim which may include having an investigator obtain statements and pictures of the vehicles involved and the accident location
- Use high-tech accident reconstruction experts and video animation where required
- Obtain medical documents, records and speak with your medical experts
- Handle all aspects of complex litigation including depositions and trials
- Evaluate claim
- Identify if there are any other avenues of liability such as negligent roadway design cases or roadway defects
- Keep client constantly informed of the process
What Types of Compensation Can I Recover in a Car Accident?
Known as the damages portion of a case it’s important that clients know what they are entitled to when they start a lawsuit for their injuries. In New York, you are entitled to claim for the following damages:
- Pain and Suffering – Physical and Emotional
- Past and Future Medical Expenses
- Past and Future Loss of Wages, Earnings and Benefits
- Punitive Damages in certain situations – such as drink driving situations
Each item of damages needs to be dealt with separately and specifically and involves in many cases the hiring of experts in the medical and financial professions such as economists, life care planners, and vocational rehabilitation experts so as to calculate accurately how much money is needed to fully and adequately compensate an injured person not just presently but taking into account future factors such as inflation. The Law Offices of Darren T. Moore enlist and work with the best experts in their fields to make sure that each client gets the representation that they not only need but deserve.
At The Law Office of Darren T. Moore, victims as well as their family members are well represented. Our experienced car accident attorneys work hard to determine the cause of the car accident and pursue the liable parties to win the best possible compensation.
What Types of Compensation Can I Recover in a Car Accident?
If you are involved in an accident with a vehicle that immediately flees the scene or are involved in a hit and run incident, it is imperative to notify the police within 24 hours of your accident. Why is this important? Because if the vehicles identity is unknown or even if known but that vehicle was not insured at the time of your accident, you can bring what is called an Uninsured Motorist (UM) claim against your own insurance company. However, in order to bring that claim, you must notify the police department of your accident within 24 hours.
In order to obtain no-fault benefits and have your insurance cover your medical bills, trip to the Emergency Room and loss of earnings claim, you must file a No-Fault application within 30 days of the accident. If not submitted on time, the insurance company may deny payments.
If your accident involved a New York City police car, ambulance, fire truck, sanitation truck, MTA Bus, Metro North or LIRR train, you must first file a document known as a Notice of Claim within 90 days of your accident and file a lawsuit within one year and 90 days of the accident date. The Notice of Claim has to include certain information so the city or municipality are adequately informed of the accident within 90 days.
For all other car accident cases, the time to file a lawsuit is three years from the date of your accident. All of these deadlines can be taken out of your hands and into the hands of an experienced car accident attorney who is familiar with dealing with these deadlines and familiar with all of the insurance companies and defense attorneys so if you have been involved in a car accident contact The Law Offices of Darren T. Moore for a free consultation.