Even with the technological and safety advancements of automobiles in the past few decades such as crash avoidance features, antilock brakes, and vehicle backup cameras, serious car accidents still occur on a daily basis. According to recent statistics, more than 300,000 car crashes occurred in 2008, and of those, more than 1,100 resulted in fatalities. There are many contributing factors that lead to car accidents such as road conditions, weather conditions, driver error, distracted driving, and driving while under influence of drugs or alcohol. Car accidents can tragic, resulting in life-altering injuries such as a traumatic brain injury, an amputation, or broken bones. Many accidents are fatal. Sadly, most accidents are caused by negligence and could have been avoided. If you are in need of a personal injury lawyer because you or a loved one was injured in an auto accident that was caused by the negligence of another person, it is important to immediately speak with an experienced Brooklyn car accident lawyer as you could be entitled to damages for your injuries, including reimbursement for medical expenses and lost time from work. It is important however, to take prompt action to ensure your legal interests are protected.
Common causes of car accidentsThese days we often find ourselves driving behind someone who is driving very slowly or who is drifting to the left or right. We change lanes to pass the person, noting as we pass that the driver is looking down at his or her phone. Over the past couple of decades the number of distracted driver accidents due cell phone use has skyrocketed.
Despite decades and decades of driver education and public service announcements about driving while under the influence of alcohol, drunk driving remains one of the leading causes of accidents. Not only is drunk driving illegal and can result in criminal charges, N.Y. VAT. LAW § 1192, drunk drivers who cause accidents can be liable for civil damages as well.
Reckless driving continues to be the problem. All drives must follow the "Rules of the Road." These means that drivers are required to follow such rules as adhering to posted speed limits, refraining from tailgating, and stopping at red lights and stop signs. Failing to do so constitutes reckless driving and negligence. If someone causes an accident because of reckless driving, that person would be legally liable for losses suffered.
Pursuing damagesUnder New York law if the negligence of another person led to an accident in which you were injured then you can file a personal injury claim and demand damages. In order to win your claim you must be able to show that the negligent person had a duty of care which he or she violated. For example, if the negligent party was another driver who failed to follow the rules the road, that driver would have violated his or her duty to drive with care. If your injuries resulted from such negligence then you have the right to sue to recover damages.
Depending on the type of accident, practically any part of the body can be injured in a car accident. Head injuries are common. When vehicles collide at high speeds victims' heads sometimes hit the dashboard, steering wheel or windshield cause head, neck, brain, back or spinal cord injuries. In other cases, the victim may be thrown from the vehicle, landing on his or her head. Broken bones frequently occur as well as abrasions and burns.
In order to recover damages based on such injuries, you must show that your injuries occurred in the accident, and that they were not pre-existing injuries. For example, if you sue to recover damages based on a back injury you must show that you sustained the back injury in the car accident and that you did not hurt your back in a fall two days prior to the accident. Your medical records will provide critical evidence as to the injuries that you suffered in the auto accident.
The negligent person may be responsible for your medical expenses such as the fees associated with your emergency room visit, ambulance service, surgery, visits to the doctor, medication, rehabilitation services, medical equipment and future medical expenses. Furthermore, the negligent driver may be required to pay you for other economic losses you sustained such as lost wages. Lost wages refers to paychecks that you lost while recovering. It also refers to the value of sick or vacation days you used while you missed work while recovering. If your injuries are permanent such that you are unable to work at all or at the same job, you may be able to recover compensation for loss of earning capacity. A court may also award you non-economic damages such as pain and suffering or punitive damages.
Contact the Law Offices of Stephen Bilkis & AssociatesCar accident cases can be complicated. They often rely on testimony from eyewitnesses and well as evidence from accident reconstruction experts. Understanding complicated evidence requires experience. Stephen Bilkis and the other attorney as the Law Offices of Stephen Bilkis & Associates have extensive experience representing clients injured in accidents. Whether the you were or a loved one was a victim of a car accident, SUV accident, truck accident, ATV accident or motorcycle accidents, you need to act quickly to ensure that your rights are protected. Contact our staff at 800.696.9529 to schedule a free consultation regarding your personal injury case or wrongful death case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Rockland County, Staten Island, Suffolk County and Westchester County.