Car Accident

According to statistics released by the New York Department of Motor Vehicles there are over 200,000 auto accidents each year in New York. Of that amount roughly 100,000 left victims with non-fatal injuries while 1000 resulted in fatalities. While there are many reasons for car accidents, more often than not driver negligence is involved. 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 brain injury, neck injury, head injury, broken bones, and spinal cord 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 are in need of a New York Injury Lawyer because you have been seriously injured in a car accident, truck accident or any type of vehicle accident it is important that you immediately contact an experienced Bronx Car Accident Lawyer who will work closely with you to ensure that you receive compensation for your losses. In addition, if during the course of the treatment for your injuries your doctor commits medical malpractice, the party responsible for your car accident injuries may be required to compensate you for the medical malpractice injury as well.

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. Common causes of vehicle crashes including:

  • Tailgating
  • Speeding
  • Drowsy driving
  • Driving while under the influence of drugs or alcohol
  • Texting and driving
  • Failing to stop at a stop sign or red light
  • Reckless lane changing
Defective Vehicle Accidents

Some car accidents occur not because of a negligent driver, but because the car had a defect. Each year there thousands of vehicles are recalled by their manufacturer's because of some sort of defect. In some cases the defect is relatively minor and innocuous having caused no injuries. In other cases the defect is significant, having leading accidents with serious injuries or fatalities. Where a vehicle's defect was a contributing factor to an accident, victims who suffered serious injuries have the legal right to pursue damages from the manufacturer of the vehicle through a product liability claim.

Car Accident Injuries

Victims of car accidents experience a wide range of injuries, most of which are back injuries, head injuries, and broken bones. For example, Joanne Pa Via was seriously injured in a chain reaction accident when her car was rear-ended by another vehicle. According to the lawsuit that she filed, her injuries included a disc herniation, disc bulges, cervical spine spasm/tenderness and diminished sensation in the right upper extremity. Via v. Artale, 2010 NY Slip Op 32455 (N.Y. Sup. Ct., 2010)

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. The types of compensation that you may be able to recover if you file a claim against the negligent person include:

  • Lost wages
  • Medical bills including bills from the hospital, your doctors, prescriptions and bills associated with medical equipment
  • Damage to your vehicle
  • Pain and suffering

If a loved was killed in the car accident, you may be able to pursue damages through a wrongful death action.

Bronx 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, PLLC 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.

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