Highway crashes in Queens can have devastating consequences, from serious injuries to financial burdens. If you've been involved in a highway crash, it's key to be aware of your legal rights and know how to handle the aftermath.
At Davidoff Law Personal Injury Lawyers, we are dedicated to helping you secure the reimbursement you deserve. We will guide you through every step of the legal process. A Queens car accident lawyer will help you hold the negligent driver responsible for any car accident injuries.
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Queens Highway Crash Cases
Queens has countless, highways, tunnels, and bridges that create challenging driving conditions, even for locals. Highways throughout the borough are no strangers to car accident cases. Unfortunately, motor vehicle accidents happen every month, according to the New York State Department of Transportation. These accidents are due to the high speeds and the potential for multi-vehicle collisions. These accidents could leave victims with life-changing injuries and complicated legal challenges.
A car accident case in New York should be filed within three years to be able to seek compensation.
Common Causes of Highway Crashes in Queens
Highway crashes in Queens are often caused by many factors, each of which can lead to devastating outcomes. Some of the most common causes include:
- Distracted driving: In Queens, distracted driving is a common cause of accidents. Drivers who take their eyes off the road to text, check their GPS, or engage in other distractions notably increase the crash risk. According to NYPD accident reports, distracted driving contributes to a large number of highway crashes each year.
- Speeding: High speeds on highways can result in catastrophic accidents. Speeding reduces a driver's ability to react to quick changes in traffic or road conditions, making collisions more likely. New York traffic data shows that speeding is a common factor in grave highway accidents in Queens.
- Weather Conditions: Rain, snow, and ice will likely make highways particularly dangerous. Wet or icy roads reduce traction, leading to a higher likelihood of accidents, especially when drivers fail to adjust their speed or driving behavior to match the conditions.
Types of Highway Crashes in Queens
Highway crashes can vary in terms of their causes and outcomes. Some of the most common types of crashes in Queens include:
- Rear-end collisions: These happen when one vehicle crashes into the back of another, often due to sudden stops or following too closely. Rear-end collisions are common in congested traffic and can cause injuries such as whiplash and spinal cord injuries.
- T-bone collisions: Also known as side-impact crashes, T-bone collisions happen when one car hits the side of another vehicle. They are usually at intersections or when a driver runs a red light. These crashes can be particularly dangerous, resulting in injuries for the passengers of the struck vehicle.
- Multi-vehicle pileups: Multi-vehicle accidents involve three or more vehicles and are common on highways where high speeds and close traffic proximity increase the risk of chain-reaction crashes. These pileups can cause extensive damage and significant injuries, complicating determining fault.
Legal Rights After a Highway Crash
Understand your legal rights after a highway crash in Queens to protect your interests and secure the compensation you deserve.
What to Do Immediately After a Highway Crash
Taking the right steps immediately after a highway incident can make a big difference in the outcome of your case. Here's what you should do:
- Call 911: The first step after any motor vehicle accident is to call 911 to report the crash and request emergency services. The police will create an official report, which will be crucial for your car accident claim.
- Document the accident scene: Take photos of the accident scene if you can. Take photos of the vehicles involved, visible injuries, and road conditions. Getting evidence can be vital when proving fault and supporting your claim.
- Seek medical attention: Even if you don't feel injured, get medical assistance immediately. Some injuries, like internal injuries or concussions, may not be apparent but can have dire long-term consequences.
Fault in New York Highway Accidents
Determining fault in a highway crash is critical for pursuing a car accident lawsuit. New York is a no-fault insurance state. No fault means that your insurance company covers your medical payments, no matter who is at fault. Yet, in cases involving serious injuries, you may be able to file a personal injury claim against the at-fault driver to seek more compensation.
In highway crash cases, the fault is often determined based on evidence. Documentation like police reports, witness statements, and accident reconstruction serve as evidence. An experienced Queens car accident attorney can assist you in determining fault and ensure your rights are protected.
The Role of a Queens Highway Auto Accident Lawyer
Hiring a Queens Highway crash lawyer must ensure that you receive fair compensation and that your legal rights are upheld throughout the legal process.
How Davidoff Law Can Help You
At Davidoff Law, we specialize in handling highway crash cases in Queens and have a proven record of achieving great client outcomes. Our team provides personalized legal representation, ensuring your case receives the attention it deserves. We will guide you through every step of the legal process, from collecting evidence to making deals with insurance companies and, if needed, representing you in court.
Why You Need a Lawyer After a Highway Crash
Dealing with a highway crash can be stressful, especially when trying to negotiate with insurance companies or dealing with the legal system alone. A skilled lawyer can guide you to overcome these challenges by:
- Negotiating with insurance companies: These companies usually try to minimize payouts, offering low settlements that don't cover the full extent of your damages. A lawyer can represent you and ensure you receive the maximum compensation available.
- Maximizing compensation: A lawyer will ensure that all your damages, like medical expenses, lost wages, and pain and emotional distress, are fully compensated. Maximizing compensation includes considering both current and future costs associated with your injuries.
Filing a Highway Crash Claim in New York
Filing a claim after a highway crash involves several important steps, each of which is key to securing the compensation you deserve.
Steps to File a Highway Crash Claim
Here's a step-by-step guide to filing a highway crash claim in New York:
- Gather evidence: Collect all relevant evidence, including photos of the accident scene, medical records, and police reports.
- File a claim with your insurance company: In New York, you must first file a claim with your own insurance company under the no-fault insurance system. Provide all relevant documentation to support your claim.
- Decide on filing a personal injury claim: If your injuries meet New York's serious injury threshold, you may be eligible to file a personal injury lawsuit against the at-fault driver. Examples that meet the serious injury threshold, under Article 51, include death, dismemberment, bone fractures, and loss (or severe limitation) or a specific body part or organ. A lawsuit can help you recover compensation for damages not covered by your no-fault insurance.
- Consult with a lawyer: Before accepting any deals, consult a lawyer to confirm that the amount offered is fair and covers all your expenses and losses.
What Compensation Can You Expect?
The compensation you can expect after a highway crash depends on how serious your injuries are and their consequences on your life. Common types of compensation include:
- Medical expenses: They include the cost of medical treatment, from hospital stay, surgeries, and rehabilitation to future care needed due to your injuries.
- Lost wages: If your injuries prevent you from working, you may be entitled to compensation for your lost income and any future loss of earning capacity.
- Pain and suffering: Compensation for any emotional or physical harm covers the pain and suffering caused by the accident and your injuries. It is often a great part of a personal injury claim.
Common Challenges in Highway Crash Cases
Highway crash cases can be complex, with several challenges that may arise during the legal process.
Dealing with Insurance Companies
One of the most difficult aspects of a highway crash case is dealing with insurance companies. Adjusters may use various tactics to minimize the amount they have to pay, including the severity of their injuries or arguing that they were partially at fault. To protect your rights, an attorney who can dispute your points and challenge unfair practices is imperative.
Challenges in Proving Fault
Proving fault in a highway crash case can be difficult, especially when many vehicles or passengers are involved. Evidence such as witness statements, expert testimony, and accident reconstruction reports is usually necessary to establish who was at fault.
An experienced attorney will know how to collect and present this evidence to support your case effectively.
Frequently Asked Questions
Unfortunately, many car accidents happen in Queens borough, and highways are no exception. Besides car accident statistics, here are the most frequently asked questions Queens car accident attorneys get during the legal process:
How long does it take to resolve a highway crash case?
Some cases may be settled within a few months, while others could take a year or more to resolve. The time it takes to resolve a highway crash case can vary depending on its severity and whether it goes to trial. Your lawyer can provide a more accurate timeline based on the specifics of your case.
Can I still file a claim if I was partially at fault?
Yes, under New York's comparative negligence rule, you can still file a claim even if you were partially at fault for the accident. Yet, your compensation will be reduced by the percentage of fault attributed to you.
Contact Davidoff Law for a Queens Highway Attorney
If you've been involved in a highway crash in Queens, don't wait to seek legal help and representation. Our experienced Queens Highway crash lawyers are here to answer your questions, evaluate your case, and help you take the necessary steps to protect your rights and secure the recompense you deserve.
Let us be your advocate in this challenging time, and trust our law firm of Queens car accident lawyers to fight for the justice you deserve. Contact Davidoff Law for a free consultation.
