New York City Car Accident Attorney
Injured by a car accident in NYC?
Being involved in an injury car accident can be one of the more frightening experiences in New York City. On top of coping with physical pain and injury, the emotional trauma from the incident is magnified in light of the huge expenses associated with treatment and recovery of injuries. Emergency medical treatment, hospitalization and time away from work can quickly make this traumatic experience a very costly one as well.
Fortunately, for those involved in a car accident they did not cause, there are remedies to recover compensation that can help pay for those expenses. The first and most important step a car accident victim should take is to contact a personal injury attorney in NYC and discuss their situation with them. An attorney will be able to give experienced insight into the correct course of action and utilize his or her legal skills in order to obtain the maximum recovery for their client. Attempting to settle insurance claims alone can be very difficult and will only add to the stress already ailing the victim. The insurance companies are seeking to payout as little as possible but if the victim is equipped with the right legal representation, they are protected from being cheated out of what they rightly deserve for their injuries.
Statistics About New York Car Accidents
According to information provided by the New York State DMV, of the 315,377 motor vehicle accidents that occurred across the state in 2010, 78,343 happened in NYC. Of the accidents that took place in Manhattan and surrounding boroughs, 261 were fatal and 53,609 resulted in some form of injury.
The leading causes of car accidents in the city include:
- 21.0% – Distracted driving
- 10.6% – Failure to yield the right of way
- 10.5% – Tailgating
- 5.6% – Speeding
- 4.5% – Disregard of traffic signals
Here at The Law Office of Richard M. Kenny, we understand that getting your life back on track after an accident can be an arduous process. To us, you are not just a statistic; we care about each of our clients and value our relationships with them. Let us take on your case and help you navigate your way through an injury claim. Our New York City car accident attorneys will remain by your side during every step of the legal process so that your rights will be protected.
Common Causes of NYC Car Accidents
When you are trying to recover from the serious injuries caused by an accident, conducting an investigation to determine the exact cause of your accident may be the last thing on your mind. When you enlist the help of our skilled legal team, we will do this work for you so that you can focus on fully recovering from your injuries during this time. One of the most common causes of car accidents in New York City is aggressive driving. Driving on the congested streets of New York City can be highly stressful, aggravating and infuriating, and some drivers lose control over their emotions. Aggressive driving tactics include tailgating, excessive lane changes, speeding and other unsafe maneuvers, and you have the right to seek justice when an aggressive driver has caused you injury.
Distracted drivers also play a significant role in the high number of car accidents in New York City. When a driver uses his or her cellphone to make a call or send a text, they are dividing their attention between the road and their phone. Cell phone usage is one of the leading contributors to car accidents throughout the United States today and is attributed to nearly 20% of all traffic fatalities every year.
Understanding New York's No-Fault Law
In February 1974, the New York Comprehensive Automobile Insurance Act, commonly known as "The No-Fault Law," was signed into law. This statute (Article 51) covers how parties injured in a motor vehicle accident can be compensated; it does not deal with property damage – only personal injuries. Although subjected to limitations imposed under §5108, this law states that all eligible individuals can receive compensation to cover "basic economic loss," which includes the following up to $50,000 per person:
- Payment for expenses related to medical costs.
- Percentage of lost wages that would have otherwise been earned.
- Reasonable expenses – up to $25 per day for one year.
This, however, is not always applicable. The No-Fault Law is only considered applicable in cases involving motor vehicles—except motorcycles—where economic loss has occurred to "covered persons." Per the statute, "covered persons" can be the person who is insured; members of his or her household; owner, operator or occupant of the vehicle; injured pedestrian; and other individuals covered by these first party benefits.
Individuals deemed to be exempt include those injured:
- By his or her own intentional actions;
- Operating a motor vehicle while impaired and/or intoxicated;
- While committing a felonious act;
- Operating a motor vehicle while racing illegally; and
- Operating a motor vehicle that is known to be stolen.
If you have questions about The No Fault-Law and are unsure of whether or not you are covered, you should not hesitate to consult with a knowledgeable New York City personal injury lawyer as soon as possible. Determining liability, deciding what is covered and how much can be recovered is a complex process and deserves to be handled by someone with a complete understanding of personal injury law. Even if covered under this law, it may not be enough to cover all expenses and damages incurred (serious injuries, property damage, emotional pain and suffering, etc.) and you may need to take a separate action altogether. Our firm can help determine the best course of legal action.
How a New York City Injury Lawyer Can Help
Hiring a New York City personal injury lawyer from our firm to be your dedicated advocate enables you to level the playing field between you and the insurance company. Let us go to bat for you. While this may be the first time you have been in such a situation, we have more than 50 years combined litigation experience that we can put to work for you. In addition to retaining legal representation, you can improve your chances of getting a successful claim decision in your favor by carefully preserving all evidence related to the accident, including photographs of your injury and records of your financial losses and medical expenses. You also should keep notes regarding how your injury has affected your daily life, both physically and emotionally. We can use this information—along with the testimony of accident reconstruction specialists and other experts—to describe the impact the accident had on your life and to prove the other driver is at fault. Contact The Law Office of Richard M. Kenny to discuss your case with a member of our legal team.
View the firm's profile at FindaCarAccidentAttorney.com.