In New York, thousands of car accidents occur every year; though some may be minor, many are fatal, others ranging from cuts, wounds, and fractures to paralysis and permanent disabilities.
The period following a car accident is not easy; this includes monetary, physical, mental, financial, and legal factors. To best protect your interests, you will need to hire a car accident attorney; they can help you understand your legal rights, help you make informed decisions, and seek the compensation you deserve.
Let's take a deeper dive:
Immediate Steps After a Car Crash
The moments immediately following a car accident are crucial and can significantly impact your future legal claim. Your priority should always be safety and seeking medical attention.
- Ensure Safety: If possible and safe to do so, move your vehicle to the side of the road to prevent further accidents. Turn on your hazard lights.
- Check for Injuries: Assess yourself and any passengers for injuries. If anyone is seriously injured, call 911 immediately. Even if you feel fine, it's wise to get checked by a medical professional as some injuries, like whiplash, may not manifest symptoms right away. Medical records are vital for any future claim.
- Call the Police: In New York, you should always report an accident to the police if there are injuries, fatalities, or significant property damage. A police report provides an official account of the incident and can be critical evidence.
- Exchange Information: Exchange contact details, driver's license numbers, license plate numbers, and insurance information with all involved parties.
- Document the Scene: If you are able, take photos and videos of the accident scene, including vehicle damage, road conditions, traffic signals, skid marks, and any visible injuries. Gather contact information from any witnesses.
- Do Not Admit Fault: Avoid discussing fault at the scene, even if you believe you might be partially responsible. Statements made at the scene can be used against you later. Let the insurance companies and legal professionals determine liability.
New York's No-Fault Insurance System
New York operates under a "no-fault" insurance system, which is confusing for accident victims. Understanding your rights after a car crash begins with comprehending this system.
Under no-fault, your own insurance policy (Personal Injury Protection or PIP) is primarily responsible for covering your medical expenses and lost wages, regardless of who was at fault for the accident. The minimum PIP coverage in New York is $50,000 per person.
However, no-fault insurance does not cover property damage or non-economic damages such as pain and suffering. To seek compensation for these types of damages, you typically need to file a claim against the at-fault driver's insurance, which falls outside the no-fault system. This is where the "serious injury" threshold comes into play.
If your injuries meet New York's definition of "serious injury" (which includes conditions like significant disfigurement, bone fractures, or substantial limitation of a body function), you may be able to step outside the no-fault system and pursue a personal injury lawsuit against the at-fault driver.
Comparative Negligence and the Statute of Limitations
New York follows a "pure comparative negligence" rule. This means that even if you are found partially at fault for the accident, you are still entitled to recover damages. However, your compensation will be reduced proportionally to your percentage of fault.
For example, if you are awarded $100,000 in damages but are found to be 30% at fault, you would receive $70,000. This system is more favorable to victims than "contributory negligence" rules in some other states, which would completely bar recovery if you were found even 1% at fault.
It's also crucial to be aware of the statute of limitations. In New York, you generally have three years from the date of the accident to file a personal injury lawsuit for a car crash.
For wrongful death cases, the deadline is typically two years from the date of death. Missing these deadlines can result in the forfeiture of your right to pursue compensation.
The Role of a Car Accident Attorney
Your chances of getting fair compensation are greatly enhanced with the guidance of an experienced personal injury attorney. The lawyer will:
- Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident to establish liability.
- Negotiate with Insurance Companies: Insurance companies often try to minimize payouts. An attorney will negotiate on your behalf to ensure you receive a fair settlement that covers all your damages, including medical expenses, lost wages, pain and suffering, and property damage.
- Represent You in Court: If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial and fight for your rights in court.