FAQs About Traffic Accidents

Since coronavirus hit New York in 2020, the number of fatal traffic collisions has increased significantly. Many people have questions about their rights and responsibilities after a car crash, and we’re happy to answer them. New York personal injury attorneys at Napoli Shkolnik have contributed some answers to common questions in this post. For follow-up questions or to find out more, don’t hesitate to reach out to us at any time.

What should I do after a car accident?

All drivers must stop, call 9-1-1, and help injured victims if possible. All drivers involved in a crash must stop, even if you don’t think you were at fault. As for calling 9-1-1, police officers might refuse to come to the scene, especially if it was a non-injury accident, but you need to call anyway. “Helping” injured victims usually doesn’t necessarily mean physically helping them; you could help by simply asking if they’re okay or telling them help is on the way.

What are my options for compensation after a car accident injury?

Negligence, or a lack of care, usually causes car accidents. The legal options for compensation are usually ordinary negligence, which is a breach of duty that causes injury, or negligence per se, which is a safety law violation, like DUI, that causes injury.

How long do I have to make a car accident insurance claim?

Usually, insurance policies require policyholders to immediately report non-injury claims. An adjuster usually must promptly evaluate the damage to your vehicle. You don’t have to accept a settlement offer in these situations.

You also don’t have to accept an early settlement offer in an injury case. There are certain deadlines that you will have to consider when considering whether or not to file a legal claim.

How long will it take to get my car accident settlement or finish my case?

Non-injury car accidents claims often settle within days or even hours. If the insurance settlement doesn’t cover the cost of repair, you are usually financially responsible for the non-covered amount.

Injury settlements often take several months at the minimum. Attorneys cannot negotiate settlements until they know the full value of a claim, which cannot be known during ongoing medical treatment.

What must I prove to win my car accident case or get a settlement?

Victims must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. Negligence could be a lack of ordinary care or a violation of a safety law. Evidence in a car crash claim usually includes the police accident report, witness statements, and medical bills.

Can I be found liable if my car is rear-ended in a crash?

Drivers who are rear-ended could be partially or fully responsible for these car wrecks in New York.

Jurors could divide fault if, for instance, they conclude that you slammed on your brakes to avoid a hazard and thus caused, or at least substantially caused, a rear-end collision. You could be entirely responsible if jurors found that you slammed on your brakes without good reason or, even worse, to intentionally cause a wreck.

Is a driver making a left turn always at fault in an accident?

Insurance adjusters and emergency responders usually find that the left-turn driver was at fault in a “left hook” accident (a left-turn driver pulls into traffic and crosses in front of an oncoming vehicle).

However, left-turn drivers aren’t always legally responsible for wrecks, even in these situations. The other driver is legally responsible if that driver wasted the last clear chance to avoid the collision.

What if one of the accident victims was also at fault?

In these situations, jurors must divide legal responsibility on a percentage basis. New York is a pure comparative fault state, meaning that even if a tortfeasor (negligent driver) was only 1 percent responsible for a wreck, the victim is entitled to a proportionate share of damages.

If a motorcyclist isn’t wearing a helmet, can they still recover for injuries caused by another driver?

Victims who aren’t wearing motorcycle helmets may not be entitled to full compensation in New York. Insurance company lawyers can reduce their damages if jurors find that the victim’s failure to wear a helmet, as opposed to the other driver’s negligence, substantially caused the victim’s injuries.

This same principle can apply if the victim wasn’t wearing a seat belt at the time of the wreck.

If I am the victim of a trucking accident, who can I sue?

The shipping, transportation, or other company that owned the truck is often financially responsible for damages in truck crash claims. The company must pay damages if the negligent driver was an employee who was working within the course and scope of employment at the time of the collision. This definition applies to almost all truck drivers in New York.

What if I’m injured in an Uber or Lyft accident?

The ridesharing company is financially responsible for damages in these cases, if the negligent driver was an employee who was working within the course and scope of employment at the time of the wreck. Ridesharing drivers are employees for negligence purposes. Any act that benefits the employer in any way, which certainly includes carrying a passenger, is within the course and scope of employment.

Ridesharing companies are usually financially responsible for rider-on-passenger assaults, as well as passenger-on-passenger assaults, if these incidents occur during rides.

What damages can I receive in a car accident settlement?

Compensation in a vehicle collision claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages may be available as well.

What is the average car accident settlement amount?

Cars, houses, and personal injury cases are so different from one another that the “average” cost or settlement amount is essentially impossible to provide. However, lawyer-involved car crash settlements are three times higher than those which don’t involve lawyers.

Do I have to get a lawyer after a car accident?

No, you do not have to get a lawyer, but it is strongly recommended that you consider having representation. A lawyer will have additional resources, such as investigators, who can assist in your case. They will assemble witness statements and police reports, collect evidence, deal with the insurance company directly on your behalf and know when a lowball offer is being made.

How can I dispute fault in a car accident case?

Fault is a preliminary determination that’s based only on the evidence which is immediately available at the scene. Attorneys use additional evidence, like electronic evidence from a car’s on-board computer, and legal doctrines, like comparative fault, to overturn that preliminary decision.