Due to the traffic and congestion on the roads, car accidents are unfortunately all too common in New York City. In fact, chances are that almost every driver you know has been in some sort of car accident or collision.
Because of how common car accidents are, traffic laws are taken very seriously in New York State. As such, drivers, passengers, and pedestrians who are harmed in car accidents have rights and are entitled to coverage for their losses.
Note: There are different routes you can take to recover damages after a car accident. However, the amount of damages an individual can claim varies.
An experienced auto accident lawyer can help you determine the best way to recover damages after an accident, as well as how much financial compensation you can claim and expect to receive.
Schwartzapfel Lawyers can help you get started when you get in contact with one of our skilled lawyers by calling 1-516-342-2200 or visiting us online today.
How Do Car Accidents Happen?
Learning about how and why car accidents happen can help you prevent them on the road. It can also further your understanding of how damages are calculated in car accident cases.
While there are many different reasons car accidents and crashes occur, most result from a handful of common causes.
Distracted Or Inattentive Driving
Approximately (20) percent of car crashes are caused by distracted driving. Keeping your eyes on the road and maintaining awareness of your surroundings is important in preventing accidents.
Distracted or inattentive driving is most frequently the result of cell phone use behind the wheel. Other reasons a driver may be distracted or inattentive include drowsiness, talking to other passengers, eating, or performing other activities while on the road.
Lack Of Adherence To Traffic Laws
While speeding and running red lights can lead to harmful and even deadly crashes, most car accidents are actually caused by seemingly minor violations of traffic laws.
These violations may include but are not limited to: illegal turns, not yielding the right of way, and improperly passing or changing lanes. Note: While taking shortcuts while driving may seem harmless, they can have severe consequences.
Moreover, mistakes made by inexperienced drivers can also lead to crashes. To this end, while new or inexperienced drivers may not purposefully violate traffic laws, choices like driving too close to other cars or driving too fast or too slow can lead to crashes as well.
Alcohol And Drug Use
Intoxication is another significant cause of car accidents in New York City. Driving while under the influence of alcohol or other substances is strictly prohibited because of the effects it can have.
For more on traffic laws in New York City and how accidents can be prevented, Schwartzapfel Lawyerscan help. Call 1-516-342-2200 today or visit us online to get in contact with one of your legal representatives now. It will be our honor and privilege to fight for your every step of the way!
Calculating Damages After A Car Accident
Car accidents can lead to a wide range of losses. As such, the monetary compensation you may be eligible to receive will depend on the types of damages you sustain, as well as their severity and impact.
After a car accident, you may receive coverage for the following damages:
- Medical Expenses: All expenses related to the treatment of injuries sustained in a car crash may be recovered when you file a claim.
- Lost Wages and Income: If an individual is unable to return to work or perform work-related tasks because of injuries sustained in a crash, they may be able to receive lost wage benefits until they can return to work.
- Pain and Suffering: Under the law, pain and suffering is defined as physical or mental discomfort and distress that result from an accident. Pain and suffering is compensable if it impacts the affected individual’s quality of life.
- Disability or Impairment: If injuries sustained in an accident cause long-term impairment or disability that prevents an individual from leading a normal life, they may receive lump sum compensation according to the extent of their condition.
- Other Damages: Other damages that can be recovered after a car crash include monetary damages for property losses or repairs.
A member of our team at Schwartzapfel Lawyerscan help you calculate damages for losses you sustained after an accident. To speak with a seasoned lawyer, call 1-516-342-2200 now!
How Much Can You Claim?
As mentioned, the amount of financial compensation you can claim after a car crash will largely depend on the damages you sustained.
Some people may only claim one or two of the above damages, while others may be eligible to receive coverage for all of them. If you can provide evidence for damages, you can receive the compensation amount that corresponds with those damages.
To strengthen your claim, there are certain steps you can take after an accident. These steps include collecting all the information you can about the crash, how it occurred, and what damages were sustained as a result.
Perhaps most importantly, you should never admit to fault after an accident or crash, even if you are not sure how it happened. This is because if you are found even partially liable for a crash, you may not be able to receive coverage for all the damages you sustained as a result.
A knowledgeable personal injury attorney can help you get a better idea of how much you can claim in damages after a car accident. Get in touch with one today by calling Schwartzapfel Lawyers at 1-516-342-2200 now!
Filing Your Claim
As there are many different routes to recover damages after a car accident, you should take the course of action that best fits your needs.
The said, one of the most common routes drivers take to receive coverage for their losses is by filing a claim through the at-fault party’s insurance.
In New York State, as well as in almost every state, car owners are required to carry car insurance. Car insurance functions to provide coverage in the case of a car accident or other event that results in auto damages or related injuries.
Filing a claim through an at-fault party’s insurance will likely increase their insurance premium and have consequences on their accident history and driving record.
For less serious accidents or accidents in which liability for an accident cannot be determined, you can receive coverage under no-fault insurance.
In New York State, all car insurance policies are required to include personal injury protection (PIP) coverage. PIP allows drivers to recover medical expenses under their own insurance policy regardless of how an accident happened.
Note: Car insurance companies do their best to negotiate claims outside of court. In some cases, however, the best solution might be to file a lawsuit.
When To File A Lawsuit
There are many reasons why you may want to consider suing an at-fault driver after a car crash instead of recovering damages through insurance.
In some cases, claimants are not able to receive all the damages they are entitled to through insurance. Some insurance companies have limits on how much can be paid to satisfy a claim. The calculated damages in a case may add up to a much higher compensation amount than an insurance policy allows.
When this happens, the at-fault party may be held liable for damages not covered by insurance. But because you cannot ensure they will pay the extra compensation, you may choose to file a lawsuit instead of going through insurance.
In other cases, an at-fault party’s actions may be considered especially harmful or malicious. This can include instances in which accidents are a result of alcohol or drug use.
In such situations, filing a lawsuit may be the best way to hold an at-fault party accountable for losses. Here, the affected party may also receive punitive damages alongside other claimed damages.
Regardless of what route you take to recover damages after an accident, you should make note that the statute of limitations for all car accident claims is three years after the accident occurs.
Most people can recover all the damages they are entitled to through an insurance claim. However, if you have suffered extensive losses in a car accident, filing a lawsuit can help you recover more damages than you may have been able to through insurance.
In sum, the amount you can claim or sue for all depends on the damages you suffered and the evidence you can provide for them.
Let Us Fight For You!
Before starting a lawsuit or filing a claim, you should be sure to enlist the help of a skilled lawyer. The seasoned team at Schwartzapfel Lawyers has more than (150) years of combined experience successfully handling car crash and accident claims.
We have helped our clients recover millionsof dollars in financial compensation after suffering losses in auto accidents. Our job is to fight for you and your rights and help you receive the maximum money and benefits you are entitled to.
Call 1-516-342-2200 to find the right lawyer for your case and your needs, and start recovering today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You™™
Motor Vehicle Collision Report Statistics Citywide | Police Department City of New York
Types of Recoverable Damages in a New York Personal Injury Auto Accident Case | HG Legal Resources
