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Car Accident Attorney: Everything To Know

Millions of cars drive through New York City and the greater Empire State area each day. Even if you drive carefully, you may eventually become involved in a rear-end accident or another type of car wreck. And unfortunately, many auto accidents can lead to very serious and debilitating injuries. That’s why, no matter where you drive or how often you’re on the road, you need to know when to call New York car accident attorneys.

Whether you or a loved one is injured in a car accident, car accident lawyers can help gather evidence, negotiate with your insurance company, and provide many other benefits to ensure that your claim succeeds.

As experienced New York car accident lawyers, Schwartzapfel Lawyers can help you recover necessary compensation to pay for your medical expenses and more. You can contact our experienced attorneys today for a free case evaluation at 1-800-966-4999.


New York Car Accidents

Car wrecks are very common throughout New York and especially in New York City. For this reason alone, it’s important to know what to do if you’re ever involved in one.

According to the New York State Department of Health, there are around 300 deaths each year because of motor vehicle traffic-related injuries. Furthermore, there are over 6,000 hospitalizations and over 100,000 emergency department visits each year due to auto accidents.

New York City residents also need to drive carefully and be prepared to call for legal assistance. For example, data from the police department of the city of New York shows that around 7,000 motor vehicle collisions happen every month in the NYC area. February 2022 alone recorded over 7,200 auto accidents.

Unfortunately, New York auto accidents don’t always result in property damage alone. You or someone else can suffer serious injuries as a result, leading to long-term effects, including wrongful death.

All auto accidents are dangerous and can cause serious injury and/or death. Common accident-related injuries include but are not limited to:

  • Broken bones
  • Strains, sprains, and ligament tears
  • Concussions or other traumatic brain injuries (TBI)
  • External lacerations and/or internal bleeding
  • Severe burns and/or road rash
  • Spinal or neck injuries such as whiplash, which may lead to paralysis
  • And more

Many of these injuries are severe enough that they require extensive medical attention. Even if you get help quickly, you could face exorbitant medical bills that drain your savings and leave you financially unstable.

For this reason alone, it’s important to know what your legal options are and whether you can recover compensation if one party or another is at fault for your injuries. Personal injury attorneys can offer free consultations and other legal assistance if you’re the victim of a car crash.

Moreover, if your accident was caused by negligence, such as distracted driving, you may be able to receive a fair settlement from that at-fault motorist. Personal injury lawyers can provide major help proving negligence and ensuring you receive a high car accident settlement.

To learn more, call Schwartzapfel Lawyers today at 1-800-499-9666.


What Do Car Accident Attorneys Do?

Motor vehicle accident attorneys work for you to:

  • Gather evidence on your behalf, such as police reports and eyewitness statements.
  • Negotiate with insurance companies and other lawyers. They can help your insurance claim go through properly and also prevent it from being stopped by insurance adjusters.
  • Protect you in the event that someone tries to sue you for a car accident when you’re not the at-fault party.
  • Maximize the damages you may receive from a successful lawsuit.

Experienced car accident lawyers at our law offices know the ins and outs of New York auto accident law, and they can advise you about whether a lawsuit is a good idea. They also know the details of statutes of limitations, can file your lawsuit paperwork on time, and much more.

Of course, you shouldn’t hire just any traffic accident law firm. Schwartzapfel Lawyers is the ideal choice if you need a legal team for your upcoming personal injury case for several key reasons:

  • We have over 150 years of combined experience. As a result, we’re well-prepared to handle any personal injury claim you bring to our attention.
  • We fight for our clients like they’re family — because they are. Nothing matters more to us than your car accident case when you hire us to take care of you and your family.
  • We operate on a contingency fee basis. That means you don’t have to pay anything if we don’t secure a good settlement offer from your lawsuit. We do this so you can continue paying your medical bills and other expenses while still receiving the legal assistance you deserve.

Are Car Accident Lawyers Always Necessary?

Car accident victims are not legally required to hire an auto accident lawyer, even if they plan on filing a lawsuit against another driver, a construction crew, or some other party. However, it’s almost always a good idea to do so.

Professional auto accident attorneys:

  • Know how to gather evidence that can sway the court to your side. This can be important if you want to recover as much compensation as possible and pay for your medical bills.
  • Know how to present evidence compellingly and persuasively.
  • Know what you should say and how to speak to the court, judge, or arbitrator.
  • Can negotiate with the defense’s legal team.
  • And more!

No matter the details of your case or upcoming lawsuit, car accident lawyers can massively improve the chances of a successful case outcome. Moreover, as recovering from an auto accident can be tough, to give yourself and your family time to recover, the right lawyers will take on the legal and logistical burdens associated with your auto accident lawsuit.


New York and No-Fault Laws

If you’ve never filed a New York lawsuit before, you might wonder whether such legal action is even possible. New York is a “no-fault” state. This means that, in general, you cannot sue another driver for an auto accident.

However, there are some exceptions to this rule:

  • If your injuries are considered severe or debilitating enough, you may sue another at-fault driver
  • If your damages exceed a certain threshold (typically above insurance minimums), you may sometimes sue negligent drivers, though the specific circumstances of your accident play a role in this allowance

Therefore, while you can sue someone for a New York auto accident, it’s not always possible to create a viable case. Legal professionals can tell you one way or the other whether filing a lawsuit is possible or advisable, given the details of your case.


What if Someone Sues You?

Someone else could try to sue you for an auto accident by proving that you were negligent or otherwise responsible for their injuries. Here, legal professionals are even more important in mounting a defense to prevent you from having to pay for their bills.

Even if someone doesn’t sue you directly, you might lose out on damages due to “pure comparative negligence” rules. In certain lawsuits, a judge or court may decide that both you and another driver are partially responsible for your injuries. They may determine who is mostly at fault based on a percentage scale.

For example, if you are found to be 30% at fault for the accident, you may only recover 70% of the total damages awarded from your car accident claim. Knowledgeable auto accident lawyers like Schwartzapfel Lawyers can stop this from happening and ensure you get enough from your lawsuit to cover your financial burdens.


What To Do After a NY Auto Accident

In the immediate aftermath of a New York auto accident, it’s important to know what to do. Although it might sound like a good idea, you should not call your auto insurance company right away.

Instead, follow the below steps after a car accident or contact us today at 1-800-966-4999 for more information.


Get to Safety

First, get yourself and anyone else nearby to safety if you can do so without putting yourself at risk. You should also move the involved cars off the road, if possible, as damaged vehicles in the middle of the road can lead others to become injured. If your car is still movable, drive it off to the side before doing anything else.

If you are involved in a hit-and-run auto accident, do not chase after the other driver. It’s much safer to simply pull your car to the side and contact emergency services.


Call Emergency Services

Dial 911 and get emergency services to your location quickly. Provide detailed information so they can locate you and anyone else involved in the accident. The police will be able to take reports, and medical personnel will check you and anyone else for injuries.


If Possible, Take Photos

While you wait for emergency services to arrive, take photos of the accident if it is safe to do so. Take as many as you can, as these photographs can serve as important evidence for future lawsuits or arbitration cases. Photos are important even if you don’t plan to sue the other driver. For instance, if the other party plans on suing you, having photos that show you weren’t at fault can make all the difference.

Note: If you aren’t able to take photos, just focus on getting yourself to safety and waiting for emergency services to arrive.


Exchange Contact Information

If you can, speak to the other driver(s) involved in the accident and exchange contact information. This includes your name, phone number, and the name of your car insurance provider.

You should not make any statements to the other party that may indicate you blame yourself for the accident. This could be used against you if the other driver decides to sue you.


Don’t Admit Fault or Give a Statement

This same principle holds when the police or other emergency personnel arrive. Don’t give a personal statement to the police even if they ask you for one beyond the bare details. Don’t admit fault, either, as an accident may not actually have been your fault, even if you initially think it was. No one knows until the scene is examined and evidence is gathered.

Instead, keep the details to a minimum and only tell the police what you need to so they can do their jobs. Your lawyer, should you choose to hire one, will handle the rest.


Visit the Emergency Room

No matter how healthy you think you are or how minor your injuries appear to be, visit the emergency room or at least get checked out by emergency personnel at the scene of the accident. Many types of car accident injuries have symptoms that don’t appear for hours or days, sometimes due to adrenaline.

As such, you might be seriously injured and not realize it. Medical professionals can examine you thoroughly and catch any potential injuries that could become even more dangerous and expensive to treat in the long run. Getting medical attention earlier is always better than later on.


Contact Legal Professionals

Only after getting examined by a medical professional should you consider calling attorneys like Schwartzapfel Lawyers. On a related note, do not call your insurance provider just yet. Instead, contact your attorney so they can negotiate with your insurance company on your behalf.

Insurance companies may try to avoid paying for the cost of your medical bills or other accident damages, even if you are legitimately covered. A legal professional can work around this roadblock and ensure that you receive the insurance payout you deserve, plus potentially prevent your premium from increasing more than it should.

In addition, should you decide to sue the other driver in a New York auto accident, your lawyer can get started on a lawsuit case and guide you through the process from start to finish.


Let Schwartzapfel Lawyers Help

There’s no reason to handle your car accident lawsuit alone. As experienced auto accident attorneys, Schwartzapfel Lawyers can make sure you get the damages you deserve to allow you to recover financially from your accident. Call us today at 1-800-966-4999 or contact us online for more information.

But you shouldn’t wait, as your window to file a claim may soon close forever. Instead, act now and start protecting your financial future by allowing Schwartzapfel Lawyers the honor and privilege of fighting for you!


Schwartzapfel Lawyers, P.C. | Fighting For You

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