Auto Accidents

The harm caused by an auto accident extends far deeper than vehicle damage. Frustration is a common emotion felt by victims who are faced with unexpected expenses as the result of an accident that wasn’t their fault.

  • Thorough investigation of all details pertaining to the accident
  • Exhaustive research of all possible legal options
  • 24/7 legal support for our clients
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Auto accidents happen with shocking regularity every day. Victims, who are usually going about their normal daily business, have no warning before they are suddenly involved in a situation that can be life-altering or life-ending.

Negligent drivers are often punished with criminal charges, but how much help does New York City offer the victims of a car accident? Families can be left bereft, without an income and suffering severe mental trauma after an accident. Personal injury and wrongful death lawsuits offer many the hope of a secure future.

New York: Car Accident Liability Lawsbus accident

New York is one of a few states that are called “no-fault” states. When two automobiles are involved in an accident, it doesn’t matter who was at fault. Both drivers turn to their own insurance to obtain payment for the property damage and any injuries.

Why Should I File An Auto Accident Lawsuit?

There are cases in which the victim can pursue legal action in addition to their insurance claim. Frequently, this legal action is in the form of a civil lawsuit. The state of New York allows this if the victim:

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  • has significant disfigurement negatively impacting a person’s physical appearance such as scarring or loss of limbs
  • a bone fracture or break
  • sustains permanent damage resulting in limited use of a body organ or limb
  • significant damage resulting in the limitation of a body function or system
  • injuries resulting in full disability for 90 days, meaning your doctor agrees that you cannot work on a regular or sustained basis, or
  • if a victim died.

Common Causes of Auto Accidents

Distractions to the Vehicle Driver

Reading, applying makeup and eating: any task that isn’t driving should be left at home when lives are at stake.  Common technology-related distractions include texting, cell phone calls, and changes to a GPS or radio station.

Driver Negligence

Local and state police enforce driving laws for a very good reason – when those laws are broken, accidents happen. Tailgating, failing to yield, running a red light, speeding, or driving while intoxicated can cause accidents that maim or kill victims.

Poor Motor Vehicle Maintenance

Accidents can be caused by the breakdown of a part of the motor vehicle. Tires blowing / shredding on the highway and brake wear and tear causing a runaway car cause numerous accidents every year. The vehicle owners who failed to maintain the car properly or, in some cases, the manufacturer of a defective part may be held liable.

Motor Vehicle Laws That May Apply To Your Case

If a person operate any of the following vehicles without obtaining the correct licensing or keeping the vehicle in good repair through regular inspections, they may face criminal charges on top of being held liable for your injuries and losses.

Motorcycle

In the state of New York, motorcycle riders are required to obtain a Class M or Class MJ license and pass a written and road test. The law also requires that anyone riding a motorcycle must also wear a helmet with eye protection. This helmet must fit US Department of Transportation safety standards.

Motorcycle riders are required to have liability insurance. The minimum limits have been set by the state: $25,000 for bodily injury per person per accident, $50,000 for total bodily injury per accident, and $10,000 for property damage per accident. Unfortunately for victims, these amounts may not be enough to cover their medical expenses.

Inspections of the motorcycle are necessary every 12 months.

Trucks

All vehicles which have two axles and six tires or three or more axles are defined as trucks. If the truck weighs 26,001 pounds or more, or if the vehicle can transport 16 or more passengers, the driver must have a Commercial Driver’s License (CDL).

There are certain parts of New York City where vehicles that meet the truck definition are not allowed to drive. The DOT publishes a New York City Truck Route Map to show where certain vehicles have permission to drive.

Buses

There are qualifications that a bus driver needs to meet before they are legally allowed to operate a bus:

  • must be at least 18-years-old – except for school bus drivers. School bus drivers must be at least 21-years-old
  • must pass the testing for and be issued a valid driver’s license for the operation of the bus in New York
  • pass a physical exam that follows the regulations established by the commissioner, and
  • is not in any way disqualified to drive a motor vehicle

If a bus driver is involved in three or more accidents, they are required to retake their licensing exam including a road test. If the driver successfully passes the reexamination, they will be placed on an eighteen-month probationary license.

Bus drivers are also required to have an annual review by their motor carrier which reviews their driving record.  School bus drivers need to do a two-hour minimum refresher course twice yearly on bus safety.

Cars

To legally drive a car in New York state the operator must be at least 16-years-old and have a valid learner’s permit or driver’s license.

To learn more about filing a civil lawsuit after a car accident, click here.

Contact An Auto Accident Lawyer Today

Contact the lawyers at Lipsig Law today. If you feel that you or a loved one have been injured or died in an accident where a driver failed to follow the law or was negligent, you may be able to receive additional compensation for your losses.

Our unrelenting approach is founded on three principles: thorough investigation, exhaustive assessment of every possible legal strategy, and aggressive advocacy. We know this approach works based on our successful lawsuits:

$16 Million

Verdict won after a case went to trial for a 9-year-old girl who was paralyzed after an accident. Her seat belt was found to be defective.

$7.6 Million

Verdict won for a 65-year-old woman whose leg was amputated after she was struck by a motor vehicle.

$1.85 Million

Verdict for a 62-year-old man who was struck by a car has it backed up in a crosswalk.

We work on a contingency fee basis which means you don’t pay a cent until we win your lawsuit. Call now for a free initial consultation.