Whether you are a student-driver getting behind the wheel for the first time or a seasoned motorist navigating New York’s infrastructure for your daily commute, there are few things scarier than the thought of a major car accident. For some, this fear will never materialize; however, for many, the statistics show that it already has, or soon will, become an unfortunate reality. According to the New York State Department of Health, motor vehicle accidents account for an average of 1,098 deaths, 136,193 emergency room visits, and 12,093 hospitalizations each year. These figures include injuries suffered by a range of victims (e.g., passengers, pedestrians, and motorcyclists) and are a testament to how unexpected and devastating motor vehicle accidents can be.
At Pryor Law, we have decades of experience handling car accident cases, and our results speak for themselves. If you have been injured in a motor vehicle accident and believe that someone else may be at fault, contact us for a free consultation at (718) 829-0222. We are located in Bronx, NY, and our experienced car accident attorneys are ready to win for you.
How and Why Do Car Accidents Occur?
While cars have become far safer than they once were alongside advances in automotive engineering, the National Highway Transportation Safety Administration (NHTSA) reports that car accidents are still a leading cause of death in the U.S., with over 36,000 fatalities each year. According to data scientists at the NHTSA, this is primarily due to the unchanged, if not increasing, human error rates behind the wheel. The most common types of human error which contribute to fatal car accidents include:
- Distracted Driving (e.g., texting, eating, loud music, etc.)
- Fatigue/Drowsiness
- Alcohol and Drug Impairment
- Speeding
- Daydreaming
While human error is the most frequent cause of motor vehicle accidents, many factors that cause serious collisions are simply out of a driver’s control. Non-human causes of car accidents include:
- Hazardous roads and weather conditions
- Equipment failures
- Roadway defects
- Automotive Manufacturing Defects/Product Liability (e.g., seatbelt failures, airbag malfunctions, break related defects)
What to Do if You Have Been Injured in a Car Accident?
- Move to a safe location and call 911: The first step you should take following a car accident is to call 911. The police will provide preliminary assistance and dispatch an ambulance to ensure you and others receive immediate medical attention if necessary. Additionally, the police will identify the involved parties, write an accident report, and record relevant information crucial to establishing the at-fault party. It is important to note that New York State law requires both liable and non-liable parties to remain at the scene of a car accident, so do not leave the accident scene for non-medical/safety reasons.
- Exchange information and gather evidence: Be sure to take pictures of the scene and exchange information with the other driver(s). Use your cellphone to photograph the accident scene and any visible injuries. Additionally, it is essential to note and relevant facts and record a detailed account of the events transpired.
- Seek medical attention: If you have sustained injuries in a motor vehicle accident and were not transported to the hospital by an ambulance, be sure to seek quality medical care as soon as possible. Have a doctor examine your injuries and make sure you keep track of all medical and billing records.
- Contact an Attorney: While contacting your insurance company will be necessary shortly after an accident, it is best to discuss what has transpired with an experienced car accident attorney first. If an insurance company contacts you about the accident, wait to give them any information until you have consulted with an attorney. Any testimony to an insurance adjuster can undermine your claim later on.
NY Car Accident Insurance Laws
New York is one of a handful of states in the U.S. that adheres to a “no-fault” car insurance mandate. While no-fault insurance laws differ from state to state, in New York, it mandates that when car accidents occur, the involved parties are to file claims with their insurance provider irrespective of who may be at fault. Typically, these laws are adopted to avoid small claims clogging the courts and make it easier for injured parties to receive compensation for their medical bills. To effectively implement the no-fault system, states typically require their motorists to carry a minimum amount of “personal injury protection” insurance ($50,000 in NY) and restrict claimants with minor injuries from seeking compensation for pain and suffering.
While the no-fault system restricts the ability to sue for minor injuries, if an individual sustains injuries that meet the “serious injury” threshold, they are entitled to bypass no-fault laws and file a personal injury lawsuit. Under New York Insurance Law § 5102(d), the types of injuries which meet this threshold are:
- Death
- Bone fracture
- Significant disfigurement/dismemberment
- A permanent or significant limitation of a body organ, system, or member
- Injuries that cause substantial/full disability for 90 days or more
NY Car Accident Lawsuits
Statute of Limitations
Under New York State Law, individuals who have sustained injuries in a car accident are afforded three years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations, and if you do not file your claim against the at-fault driver during this three-year period, the court will not hear your case. Additionally, to file a lawsuit against a government agency or municipality, a notice of your claim must be filed within 90 days. To avoid running up against NY’s statute of limitation laws, it is best to contact an experienced personal injury attorney as soon as possible.
Determining Responsibility
Our attorneys at Pryor Law will conduct a thorough investigation to reconstruct your accident, determine liability, and consult with experts to strengthen your claim. In personal injury cases where the plaintiff has been injured in a motor vehicle accident, determining responsibility is mainly done under ordinary negligence law. This means that plaintiffs (i.e., the injured party) must prove the following regarding defendants and their conduct:
- The defendant had a duty of care (i.e., taking reasonable precautions while driving and obeying federal, state, and local laws dictating safe driving practices).
- This duty was breached (i.e., the defendant did not operate their vehicle with reasonable care and/or violated traffic laws).
- The defendant’s negligent actions caused the plaintiff’s injuries.
- The plaintiff has been injured and suffered losses that justify monetary compensation.
Assessing Damages
At Pryor Law, we know that victims of car accidents often suffer more than just physical injuries. Adequate compensation means repaying what has been or will be lost. When insurance companies limit their offers to cover medical expenses and physical rehabilitation costs, they ignore an array of damages with equally important consequences. Our attorneys at Pryor Law have recovered a wide range of economic and non-economic damages for our clients, including:
- Medical Expenses
- Permanent/significant disability
- Psychological/emotional pain and suffering
- Loss of consortium/enjoyment of life
- Past and future lost wages
- Property Damage
Dispute Resolution/Seeking Compensation
While it is often assumed that attorneys settle their client’s legal disputes in court, this is a misconception. Many personal injury cases are settled without going to trial, and while our attorneys are effective litigators, they are also effective at resolving cases through other means of dispute resolution. Whether or not your case goes to trial will depend on a range of factors, including who you are suing and the specifics of the accident in question; however, it helps understand the two primary methods in which your personal injury case can be resolved.
- Alternative Dispute Resolution:In law, alternative dispute resolution (ADR) refers to the numerous methods for settling legal disputes that do not involve going to court. The most common types of ADR include mediation, arbitration, and negotiation. Each type of ADR adheres to its own unique set of rules/guidelines, and as such, they vary significantly in their cost and expediency. In general, however, ADR is a cheaper and more convenient alternative to litigation. One drawback of ADR is that resolutions may not be binding/legally enforceable, and it can be insufficient to settle highly contested cases for this reason.
- Litigation: For individuals who have sustained major injuries in a car accident, resolving your case through litigation is likely the more time-consuming option, but it often yields more compensation than ADR. Pursuing damages through litigation typically entails extensive pre-trial preparations/court proceedings, a comprehensive and multi-staged trial, and jury deliberations until a verdict is received. Because it is the longest and most expensive course of action, litigation is not typically pursued until after other types of dispute resolution have failed.
Contact Us
At Pryor Law, we have decades of experience handling car accident cases, and our results speak for themselves. If you have been injured in a motor vehicle accident and believe that someone else may be at fault, contact us for a free consultation at (718) 829-0222. We are located in the Bronx, NY, and our experienced personal injury attorneys are ready to win for you.
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The Law Offices of Edmond J. Pryor
292 City Island Ave., Bronx, NY 10464
Phone: 718-829-0222 | Email: info@pryorlaw.com
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