AUTOMOBILE ACCIDENTS
The majority of personal injury claims in the U.S. result from automobile accidents. Motor vehicle accidents include cars, trucks, vans, buses, SUV's, and motorcycles, and may involve one vehicle, multiple vehicles and pedestrians. With the record number of cars on the road today, car accidents are very common. The National Highway Traffic Safety Administration reports that over 39,000 fatal car crashes occurred in 2005 and that over 43,000 people involved in those crashes died. Auto accidents can also cause extreme physical injury to victims. Sometimes the severity of injuries don't fully manifest until a few days after the car accident, but this fact does not necessarily mitigate the causal link between the accident and one’s injury.
Most often, auto accidents are caused by another driver's negligence or recklessness. In these cases, an individual injured as a result of such negligence or recklessness will have a claim and right to secure compensation based upon the severity of injury and degree of pain and suffering. In negligence cases, the injured party is required to prove that the person who caused the accident was negligent, that negligence was a proximate cause of the accident, and that the accident caused the plaintiff's injuries. Courts look to a number of factors in determining whether a driver was negligent, including, for example, whether the driver causing the accident was disobeying traffic signs or signals, failed to signal while turning, the extent to which a person drove above or below the posted speed limit, or whether the driver was under the influence of drugs or alcohol. A driver may also be liable for an injury-causing accident due to his or her intentional or reckless conduct. A driver who is reckless is one who willfully and or wantonly disregards a high risk that his or her conduct will cause an accident. Examples of driving that may be considered reckless include, excessive speeding, improper or excessive lane changing, improper passing without signaling, or driving in a threatening or harassing manner.
In addition, regardless of who causes the accident, under the state's no fault insurance law, you are entitled to compensation for any “serious injury” that results from an automotive accident. No-Fault insurance pays for various expenses for car accident victims in New York State. It applies to the occupants of a car (including pickups, SUVs, and most vehicles, but not to motorcycle drivers or passengers), and also to pedestrians and bicyclists who are hit by a car. Benefits including medical expenses and lost wages, and other expenses, such as if you have to take a taxi to a doctor's appointment, cost of prescription drugs, or even for housework if you hire someone to help you.
Ten steps to take if you are involved in an automobile accident:
- First, remain calm and stop your vehicle (the law requires you to do so).
- Call the police or request or ensure that another has summoned the police.
- If you or any passenger in your vehicle is seriously injured, do not move, remain in your vehicle if you can do so safely. If your injuries do not prevent you from exiting the vehicle, do so and move to a safe location off the roadway.
- Never admit fault or adapt another’s version of the auto accident.
- Note the identity of any person claiming to have witnessed the accident.
- Cooperate fully with the police and other emergency responders who arrive at the scene. Absent injuries or police response you are required to exchange information with the operator(s) of other vehicle(s) involved.
- Make notes of the time of occurrence, specific location, description of other vehicles involved, including license plates, weather conditions and roadway conditions.
- If you have a camera available, photograph the scene as well as damage or any defect (pot holes, missing signs, defective traffic lights) which may have contributed to the accident.
- Ensure that your account, your passengers account or any witnesses account are given to the police and included in the police report.
- Seek immediate medical attention for your injuries. Often insurance companies will disclaim responsibility for injuries when they are not properly reported, documented or treated.
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If you are injured, call Grant & Longworth LLP at (914) 400-3700
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