NEW YORK CITY'S BOUTIQUE
PERSONAL INJURY LAW FIRM
Car accidents can turn your life upside down, bringing about unexpected physical, financial, and emotional stress. In these difficult times, having the right legal support can make a significant difference in your ability to recover fair compensation.
When you work with Zieher & Associates P.C., you will receive personalized attention and tireless dedication from our accident lawyers. We will do everything we can to make sure you can focus on what's most important: your recovery. If you need help after an accident that was caused by someone else's negligence, contact us today to schedule your free consultation.
NEW YORK CAR ACCIDENT ATTORNEYS
Causes of Car Accidents that Often Lead to Personal Injury Claims
Car accidents occur for various reasons, many of which give rise to personal injury claims. Understanding these causes can help prevent future incidents and give you an idea of whether your accident could give you grounds to file a claim. Some of the most common causes include the following:
Distracted Driving
With factors like cell phones, navigation systems, and other distractions within the vehicle, driver inattention
has become one of the leading causes of car accidents. In New York State, distracted driving contributed to 116 fatal crashes in 2023.
Drunk Driving
Impaired driving remains a substantial problem throughout the country, and New York is no exception. Statistics indicate that more than 30% of fatal car crashes in New York are alcohol-related.
Speeding
Speeding is another significant issue, contributing to crashes every day. When a driver is going too fast, they don't have enough time to react to hazards on the road or changing traffic patterns, making it more likely that a car crash will occur.
Fatigue
Driving while fatigued is another cause of car accidents, with some research showing that fatigue can be as dangerous as drunk driving. In 2023, falling asleep at the wheel led to almost 3,000 accidents in New York.
Defective Vehicle Parts
Sometimes it’s not driver error that leads to an accident but rather failed vehicle components - at least in part. This might include design flaws or manufacturing defects such as defective brakes, steering mechanisms, or tires.
Teen Drivers
For 16- and 17-year-old drivers in New York State, motor vehicle accidents are a leading cause of unintentional deaths. Lack of experience can lead to critical errors on the road that might cause serious accidents.
If you have been involved in an accident caused by one of the factors listed above or any other reason, don't hesitate to reach out for help in navigating the aftermath.
Common Types of Car Accidents We Handle
At Zieher & Associates P.C., we handle a broad
spectrum of car accident cases, advocating for victims and making sure they get the compensation they deserve. Here's an overview:
Rear-End Collisions
Typically resulting from one vehicle following another too closely or not paying attention, rear-end accidents are among the most frequent.
Head-On Collisions
Head-on collisions can be some of the most dangerous crash types because of the speed and impact.
T-Bone Accidents
T-Bone accidents, also known as side-impact collisions, often happen at intersections and can result from failure to yield or running a red light. These crashes typically cause significant vehicle damage and serious injury due to the lack of protection on the sides of vehicles.
Multi-Vehicle Accidents
Multiple car pile ups or chain reaction accidents are typically more complicated because they involve several drivers and potentially multiple points of impact. Determining fault can be particularly challenging in these scenarios, but may be crucial for compensation purposes.
In each of these situations, it's essential to reach out to a personal injury lawyer as soon as possible after the accident so you can ensure you get the compensation you're entitled to.
New York is a No-Fault State
New York's no-fault insurance law means that after an accident, your own car insurance policy pays for some or all of your medical bills and lost earnings, regardless of who caused the crash. You do not have to prove fault in order to get compensation up to a certain limit from your insurance provider.
However, this doesn't mean you can never sue another driver who was at fault, which is incredibly important if you are facing significant injuries and damages that your policy doesn't cover.
New York allows drivers who have sustained what the law defines as "serious injuries" to pursue a lawsuit against the responsible party.
Because you still might need to prove fault in the state of New York to pursue additional compensation, it's important to take the right steps and collect relevant evidence in case you need it in the future.
Compensation You Can Obtain After a Car Accident
After a car accident, you may be entitled to various forms of compensation that aim to cover the losses you suffered.
Economic Damages
If you obtain compensation under your own insurance through the no-fault rules, you will be reimbursed for medical expenses, lost wages, property damage, and other out of pocket expenses related to the accident.
If you're eligible to file a lawsuit against the at-fault party, you will be able to claim a broader range of damages in addition to those you would obtain through your own insurance, including:
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Non-Economic Damages: These are intangible losses like pain and suffering, emotional distress, or diminished quality of life due to disability or disfigurement resulting from the accident.
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Punitive Damages: While not very common in car accident cases, punitive damages may be awarded if clear and convincing evidence shows that the defendant exhibited willful or wanton negligence or a high degree of moral turpitude.
To understand the full range of damages you may be entitled to and whether you need to file a claim with your own insurance company or a lawsuit against the responsible party, contact an experienced personal injury lawyer right away.
We Can Help if You’ve Lost a Loved One in a Car Accident
Losing a loved one in a car accident is among the most tragic events a family can experience, and though compensation cannot make up for what has happened, it can offer some financial stability during difficult times.
In New York, you have the right to file a wrongful death claim if your loved one's death was caused by another person's negligence or an intentional action. This can provide you with the chance to hold the responsible party accountable and give you the chance to grieve the loss of your loved one.
Why You Need a Car Accident Lawyer
Having a car accident lawyer on your side can be critical for several reasons, including:
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Navigating Complex Legal Claims: A skilled attorney has the legal experience necessary to guide you through complex insurance claims and file a personal injury lawsuit if necessary.
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Maximizing Compensation: A lawyer knows how to gather evidence that strengthens your claim, leading to as much compensation as possible.
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Consulting With Expert Witnesses: Car accident lawyers typically have access to a network of experts they can work with to help substantiate your claim, like medical experts or car accident reconstruction experts.
Given the complexities involved in personal injury cases, it's important to work with a skilled car accident lawyer as soon as possible after the incident.
Liability in Car Accident Cases
Determining who can be held liable is important if you're pursuing a personal injury claim. Some of the most common parties that can be legally responsible include the following:
Other Driver
Most commonly, liability falls on the other driver whose negligence caused the accident. For example, if they ran a red light and crashed into you, they would be responsible.
A Driver's Employer
If a commercial vehicle was involved or the at-fault driver was working at the time of the collision, then you might be able to sue their employer. This is due to vicarious liability principles.
Manufacturer
In some cases, vehicle defects such as faulty brakes or airbags may be a contributing cause of the accident. In these cases, manufacturers could bear responsibility under product liability law for any injuries caused by these defects.
You Could be Partially at Fault
Sometimes, you as a claimant might also be partially responsible for the accident, which can impact liability and compensation received under New York's comparative negligence system.
Pure Comparative Negligence in New York Car Accidents
Under New York's pure comparative negligence rule, if you are partially to blame for the accident, you can still recover damages in a car accident lawsuit. However, your compensation will be reduced by the amount equal to your percentage of fault.
For example, if it's determined that the other driver was 70% at fault and you were 30% at fault and the damages totaled $100,000, you would be entitled to 70% of that, or $70,000.
Under pure comparative negligence, you can recover damages even if you are 99% at fault.
How Much Does a Car Accident Lawyer Cost in New York?
In New York, most car accident lawyers - including those at Zieher & Associates P.C. - work on a contingency fee basis. This means their fee is contingent upon obtaining compensation for your claim. If you don't get paid, they don't get paid.
You will also never pay anything out of your own pocket - the lawyer's payment is a predefined percentage of the settlement or award received at the conclusion of your case.
This arrangement allows victims to pursue quality legal representation without worrying about hourly rates or upfront costs, leveling the playing field between individuals and large insurance companies.
We Will File Your Claim Within The Deadline
In New York, the statute of limitations - the legal deadline for filing car accident lawsuits - is generally three years from the date of an accident.
It's important to note that the wrongful death deadline is different: you will have two years from the date of your loved one's death.
While these are the general statutes of limitations for car accident and wrongful death claims in New York, there can be exceptions that shorten or extend the filing deadline.
For example, if your lawsuit is against a government entity, the deadline is significantly shorter.
If you don't file your lawsuit on time, you will lose out on your chance to recover compensation, making it important to reach out to a personal injury lawyer as soon as possible after the accident.
Insurance Companies Aren’t on Your Side
Insurance companies will always prioritize their bottom line over your recovery. They often use tactics aimed at denying or minimizing claims to preserve profits, using a team of lawyers and claims adjusters to do whatever they can to limit the company's payouts.
It's always important to remember that insurance adjusters serve the interests of their employer, not yours, despite how friendly or empathetic they may seem.
Working with an experienced lawyer levels the playing field and gives you the best chance at recovering what you truly deserve.
Contact Zieher & Associates P.C. to Schedule a Free Consultation
We understand the overwhelming challenges that come after a car accident and want to do whatever we can to make this time easier for you. At Zieher & Associates P.C., we're dedicated to supporting you through this difficult time and fighting for justice and compensation. No matter what type of car accident you're facing, we can help. Reach out today to Zieher & Associates P.C., NYC's boutique personal injury firm, to schedule a free consultation.
