Personal injury lawsuits can seek compensation for pain, suffering, emotional distress, inconvenience, or lost opportunities, which are all damages that will not be paid out via an insurance claim.
What is the Statute of Limitations for car accidents in New York?
New York has enacted laws which limit the amount of time a victim has to file a lawsuit after being in an accident. For car accidents, the statute of limitations is three years for both a personal injury lawsuit as well as property damage lawsuits.
What if BOTH drivers were at fault?
Comparative fault is used in a situation where more than one driver is to blame for causing an accident. In the state of New York you can still seek to recover compensation from the other party involved even if you were also at fault, however, any compensation you recover will be reduced by a percentage equal to your share of the liability in the crash.
For example, if you go to court and the verdict awards you $10,000, but the jury also finds you 30% at fault because you were speeding at the time of the accident, you will only be awarded $7,000.
Factors That Can Contribute to Driver Negligence
While there are environmental factors that no one can control while driving, such as a deer jumping into on-coming traffic or a tree falling across the road, the majority of car accidents occur as a result of driver negligence. Drivers can be found negligent when they fail to take every reasonable caution while driving to ensure other driver’s safety.
New York State reported that in 2013 there were a total of 259,740 car accidents. Of those, 203,457 accidents were caused by “human factors”. Common factors include:
- driving while under the influence of alcohol or illegal drugs
- texting or talking on a cell phone
- failing to keep a reasonable distance from the car in front of you (tailgating)
- improper lane usage
- listening to music with headphones
- failure to yield properly
- aggression / road rage, and
- general driver inattention
What Should I Do After A Car Accident?
The moments after a car accident can be confusing and scary. The effects of adrenaline can leave you feeling shaky and have your heart pumping. If you or a loved one are injured, this can incite panic. However, there are important things to do at the scene of an accident, if possible.
- Check all drivers and passengers for injuries and seek medical attention if needed.
- Call the police.
- Exchange information with the owner of the other car.
- Talk to any witnesses.
- Take pictures.
- Call your insurance company, and
- Use caution discussing the incident. Do not sign any documents or make a recorded insurance report without first speaking to an attorney.
Contact An Attorney Regarding Your Car Accident Today
Choosing an attorney is an important decision and not one to be taken lightly. At Lipsig, Shapey, Manus, and Moverman P.C., our attorneys are experienced in handling cases involving car accidents and have successfully won compensation for our clients’ losses.
While it is important to keep in mind that all cases are different, a few examples of our car accidents case results are below:
If you or a loved one have been involved in a car accident, call the attorneys at Lipsig, Shapey, Manus, & Moverman P.C. today for a free consultation at 1-888-461-1713.