Have you been involved in a motor vehicle accident? If so, our Brooklyn car accident lawyers are here to fight for you. Even in minor Brooklyn car accidents, car accident victims can suffer serious injuries. It would help if you saw a doctor as soon as you could. Then, let our car accident lawyer at Davidoff Law fight for you.
The insurance company may not give you a fair settlement. You might need to file a personal injury lawsuit that goes above and beyond your insurance settlement. Our personal injury lawyer can help you pursue justice and rightful compensation.
Learn more about what you should do after a Brooklyn motor vehicle accident. Then, contact our experienced car accident attorney to schedule a free consultation.
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OUR BROOKLYN CAR ACCIDENT LAWYER UPHOLDS YOUR RIGHTS DURING A CAR ACCIDENT CLAIM
Were you in a wreck while driving through New York? If you've suffered severe injuries or your car was totaled, then you'll have to file a claim against the other driver, which is difficult.
Let Davidoff Law help you understand your legal options and take action in pursuit of fair compensation. Our Brooklyn car accident attorneys are here to help you from start to finish.
HOW LONG DO YOU HAVE TO FILE A CAR ACCIDENT CLAIM?
First, you must know if you need more time to file a car accident claim. Here in New York, there is a three-year statute of limitations for personal injury claims, including car accident claims.
The statute begins on the date of the crash or when it first becomes obvious that you have been injured, which, in most cases, will be the same date as the collision. When the three-year statute of limitations ends, you cannot file a claim without expecting it to be dismissed by the court.
SUING AFTER A CRASH
New York requires drivers to carry personal injury protection (PIP) insurance. After a crash, PIP insurance pays each injured party for medical bills and lost wages, regardless of who is at fault for causing the crash. This is useful if you know that the accident was partially your fault, such as if a drunk driver hit you but you were texting at the time.
PIP insurance in New York does not typically cover damages for:
- Vehicle repairs
- Pain and suffering
- Certain miscellaneous costs
To file a claim against a driver, you must first use your PIP insurance to its cap, and have suffered a "serious injury." If you still have outstanding damages, you can sue the other driver by filing against their auto insurance policy.
Importantly, you cannot receive the same type of damage twice. For example, if your PIP insurance covers all your medical costs, you can't sue the other driver for those costs, too.
Causes of Car Accidents
Distracted Driving
Many car accidents happen because drivers are not paying attention. They might be texting, talking on the phone, or using a GPS. When drivers look away from the road, even for a second, they can cause a crash. It's important to always keep your eyes on the road.
Speeding
Going too fast is a major reason for car crashes. When drivers speed, they have less time to react if something unexpected happens. Speeding can make a minor accident much worse because of the extra force. It's safest to follow the speed limits.
Drunk Driving
Driving under the influence of alcohol or drugs is very dangerous. It slows down how quickly a driver can react and makes it hard to make good decisions. Many serious accidents are caused by drunk driving. That's why it's illegal to drive after drinking too much.
Bad Weather
Rain, snow, and ice make the roads slippery and hard to see. Drivers might need help controlling their cars or stopping quickly. Bad weather causes many accidents because driving becomes more difficult. It's important to be extra careful when the weather is bad.
Running Red Lights
Ignoring traffic signals, like running red lights, causes accidents. Drivers who do this put everyone at risk because they can hit cars that have the right of way. These accidents often happen at intersections and can be very serious. Always wait for the green light before going.
What To Do After a Brooklyn Car Accident
- Check for injuries: Immediately after the accident, check yourself and others for injuries. If anyone is hurt, call 911 right away to get medical help.
- Move to safety: If you can, move to a safe area away from traffic to avoid further accidents. Turn on your hazard lights to alert other drivers.
- Call the police: Even for minor accidents, it's important to call the police. They will file a report that you may need for insurance claims.
- Exchange information: Swap contact and insurance information with the other driver. Be polite, but avoid admitting fault or blaming the other driver.
- Document the scene: Take photos of the accident scene, any damages to vehicles, and catastrophic injuries, if there are any. This can be important for insurance claims and legal purposes.
- Notify your insurance company: Inform your insurance company about the accident immediately. Please provide them with all the relevant information.
- Consult a lawyer: Consider speaking with a Brooklyn car accident lawyer to understand your rights and options. They can guide you through the next steps and help with your claim.
WHAT IS A SERIOUS INJURY?
New York liability law considers an injury to be serious if it involves a:
- Broken bone
- Significant or permanent disfigurement
- Permanent disability
- Significant debilitation
- 90-day (or greater) period of total disability
Injuries Suffered in a Brooklyn Car Accident
- Whiplash: This neck injury occurs when the head is jerked forward and backward. It can cause severe neck pain and reduced mobility.
- Broken bones: Victims of car accidents often suffer from fractures, especially in the arms, legs, and ribs. These injuries can require surgery and long recovery periods.
- Concussions: A concussion is a brain injury that can happen even without a direct hit to the head due to the violent shaking of the accident. Symptoms can include headaches, confusion, and memory loss.
- Lacerations: Sharp objects like glass or metal can cause deep cuts or lacerations. These injuries can lead to significant blood loss and may require stitches.
- Internal bleeding: The force of a car crash can cause internal organs to be damaged, leading to internal bleeding. This condition can be life-threatening if not treated immediately.
- Back injuries: The impact of a car accident can injure the spine, leading to back pain, numbness, or even paralysis. Treatment often involves surgery and physical therapy.
- Burns: If a vehicle catches fire during a crash, occupants can suffer burns that may need extensive treatment, including skin grafts and surgery.
CAN YOU FILE A CLAIM AS AN INJURED PASSENGER?
As an injured passenger, your driver's PIP insurance policy is the first place to seek compensation or damage coverage. Their PIP insurance should have you covered as their passenger. This is also true if you were a pedestrian when a driver hit you.
Suppose their PIP insurance does not cover your full damages, and you were seriously injured under the law's definition. In that case, you can consider your options for filing an injury claim against the liable party.
Assuming your driver was hit by someone else who caused the crash, you would file your claim against that driver. But if your driver contributed or caused the accident, you would instead file against their auto insurance policy for unpaid damages.
When an Insurance Claim Is Not Enough
Sometimes, an insurance claim after a NY car accident cannot cover your injuries and damages. In that case, you may need to pursue a personal injury claim. At Davidoff Law, we would be honored to explore this option with you. Reach out to us today to schedule a free consultation.
Brooklyn Car Accident FAQs
How can I obtain a copy of the police report for my Brooklyn car accident?
You can request a copy of the police report from the NYPD precinct that responded to your accident or through the New York DMV website. It's important for insurance claims and legal matters.
What types of damages can I recover after a car accident in Brooklyn?
You may recover damages for medical expenses, lost wages, property damage, and pain and suffering. Each case varies, so consulting with an attorney can provide specifics based on your situation.
Should I talk to the insurance company before consulting a lawyer?
It is wise to speak with a lawyer before discussing details with insurance companies. Lawyers can help protect your rights and ensure you don't settle for less than you deserve.
How do I prove the other driver was at fault in a Brooklyn car accident?
Proving fault involves collecting evidence such as police reports, witness statements, photos of the scene, and possibly expert testimony. An experienced attorney can help gather and present this evidence effectively.
Is there a difference in handling accidents involving Uber or Lyft in Brooklyn?
Yes, accidents involving rideshare vehicles can be more complex due to the involvement of the rideshare company's insurance. Having a lawyer who understands the nuances of rideshare accidents is indispensable. Reach out to us as soon as possible.
Contact Our Brooklyn Car Accident Lawyer at Davidoff Law for a Free Consultation.
If you have been in a serious car accident in Brooklyn, our attorneys would be happy to help you understand your rights and options. We're proud of the reputation we have built within our communities for being tenacious and compassionate legal representatives for the wrongfully injured. We always put our clients first.
Motor vehicle accidents are always serious, and you need to see a doctor as soon as possible. Then, count on Davidoff Law to fight for you in your car accident case. We believe every car accident victim deserves justice. Now, we will fight for you as well.
Contact our Brooklyn car accident attorney to schedule a free case evaluation to discuss your personal injury claim.
