Manhattan Car Accident

Car accidents are one of the leading causes of serious injuries and death in New York. In fact, the New York Department of Motor Vehicles reports that there are close to 300,000 vehicle accidents each year in New York. Of that amount roughly 100,000 left victims with non-fatal injuries while 1000 resulted in fatalities. While are many reasons for car accidents, more often than not an auto accident is caused by negligence. Because of the size and weight of cars, and because they are often traveling at high speeds at the time of the accident, victims of car accidents tend to suffer from serious, life-threatening injuries. For example, a back injury, neck injury, and head injury are common car accident injuries. Such injuries are not only physically and emotionally painful, they also can cause the victim financial stress since the victim may have to miss a substantial amount of work. If you have been seriously injured in a car accident, it is important that you immediately contact an experienced Manhattan Car Accident Lawyer who will work closely with you to ensure that you receive compensation for your losses.

Causes of car accidents

Contributing factors for car accidents vary, but by far negligence is the leading cause of car accidents. A driver is considered negligent if he or she drives carelessly, resulting in harm to another person or damage to property. There are many ways in which a person could drive negligently. New York has laws that define the "rules of the road." Should a driver violate any of these rules, he or she would have been negligent and responsible for any damage or injury that results from this negligence. For example, New York drivers have a duty to adhere to posted speed limits, and to drive at a reasonable, prudent speed given the weather and road conditions. Despite these high speed limits, people routinely exceed them. According to the Centers for Disease Control, speeding is one of the leading causes of traffic accidents, injuries and deaths.

It is also against the law to drive while intoxicated. Despite the stiff penalties for driving while intoxicated, and despite efforts of law enforcement, schools and nonprofit organizations to educate the public about the dangers of driving while intoxicated, according to the National Highway Traffic Safety Administration, drunk driving remains a leading cause of car accidents and deaths in New York.

Example

In Isaac v. N.Y.C. Transit Auth., 84 A.D.3d 1315, (N.Y. App. Div., 2011), Enrique Isaac was involved in a car accident with a New York City Transit Authority bus. As a result of the accident Isaac was seriously injured. The court found that the bus driver was indeed at fault and awarded Isaac $1.2 million for past pain and suffering and $600,000 for future pain and suffering.

Pursuing a claim

If the negligence of another driver caused the car accident that resulted in your injuries, you can pursue a claim against that person for damages. To prevail, you must first show that the driver had a duty to you to drive with care. Because New York drivers are expected to drive at a reasonable, prudent speed, to keep the vehicle under control, and to obey all traffic laws in order to not cause harm to others, then all drivers have a duty to other drivers. Furthermore, you must show that the driver's negligence caused your injuries and that you suffered damages. For example, if you sue to recover damages based on a back injury and a head injury, you must show that you sustained the back injury and the head injury in the car accident and that you did not hurt your back and head in a fall two days prior to the accident. Your medical records will provide key evidence as to the injuries that you sustained in the car accident. The negligent driver may have to pay for your emergency room visit, surgery, rehabilitation, visits to the doctor, medication, assistive equipment and future related medical expenses. In addition, the negligent driver may be liable for other economic losses you sustained such as lost wages or loss of earning capacity. The negligent driver may also have to compensate you for damage to your property, such as the damage to your vehicle. A court may also award you non-economic damages such as pain and suffering or punitive damages.

Manhattan Car Accident Lawyer

Proving negligence in a car accident case can present a number of complicated legal challenges. Even if you are unsure as to who was at fault in your car accident, it is important to not delay in contacting an attorney. That staff at Stephen Bilkis and Associates is experienced in handling personal injury and wrongful death cases stemming from auto accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations:

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