New York Car Accident Lawyers

CAR ACCIDENT ATTORNEYS IN NEW YORK

A car accident can be traumatic, especially when it leads to severe injuries. The compassionate New York car accident lawyers at Parker Waichman LLP understand how dramatically a vehicle collision can change your life, and we want to help you overcome some of the difficulties that have been placed upon you and your family. Contact us for a free consultation with some of the best car accident lawyers in NYC to see how we can help you.

Typical Causes of New York Auto Accidents

According to the state Department of Health, vehicle accidents are the leading cause of injury-related deaths in New York. Thousands of New Yorkers are injured in vehicle collisions every year in the state, and while litigating New York driving accident cases, we have found that a majority of these collisions are avoidable.

Many crashes are caused by people exercising poor decision making while they are driving. They place themselves and others at risk to try to arrive somewhere a little faster or try to answer a few more messages on the road. Parker LLP has seen numerous accidents caused by these common factors:

• Speeding or reckless driving
• Driving under the influence of drugs or alcohol
• Texting, making phone calls, checking emails, or browsing the Internet while driving
• Eating, reading, changing the radio, or other distracted driving
• Fatigued driving
• Malfunctions in a driver’s car due to a lack of proper maintenance
• Failure to comply with traffic signs, traffic laws, and stoplights

Why is Parker Waichman the best car accident lawsuit attorney in New York?

Video: Why is Parker Waichman the best car accident lawsuit attorney in New York?

Parker Waichman in my opinion is the best car accident law firm in New York for several reasons. One is we treat every accident individually. We don’t treat an auto accident like every other auto accent. We don’t have a factory, we’re not general motors, we don’t knock out one part after the other.

Every accident is an individual accident and you need to investigate it separately. You need to go to the scene of the accident you need to see if there is a video camera from one of the stores that could have caught the accident. You want to talk to people that saw the accident if there are any. It’s likely that right after the collision people ran out to see what the commotion was. Maybe they even talked to the people in the cars and that can give you good information. Maybe some guy in the car told a witness, ‘I didn’t see where this guy came from’ or ‘I wasn’t looking’ or ‘I was on my cell phone’ or ‘Oh damn I was texting my friend’ all of that is really great information and if you don’t get out there first and look you won’t get the upper hand in that case.

There also could be a defect in the road. Especially in New York there is construction all over the place all the time. Potholes cause drivers to go off the road, poor road conditions cause many accidents every year and those accidents are not the fault of the driver.

I can’t tell you how many times in my career and it’s been going on 40 years now, where I find at the accident scene that the traffic control device is either broken or missing completely. I’ve been to many accident scenes to find lights aren’t working. I’ve even had situations where lights have been out for three weeks and the reason I found out was I asked the store owners at that intersection. You won’t know that if your lawyer doesn’t go there themselves and ask questions.

Common Types of Car Accidents in New York

In our fast-paced world, multitasking is common, but when we try to multitask while driving, we are likely to be involved in an accident. Crashes can occur in numerous ways, but we see the following types of accidents most often:

• Head-on collisions
• Rear-end collisions
• T-Bone crashes
• Side-swipe crashes
• Run-off-the-road crashes
• Left-turn collisions
• Multi-car pileups

Unfortunately, many accidents lead to severe injuries. Depending on the force of impact and the resulting destruction, collision injuries can result in loss of life.

Auto Accident Injuries

All accidents are frightening, but the most traumatic we see are those that cause serious injuries. According to recent studies, more than 1,000 New Yorkers die every year in automobile accidents, and more than 12,000 people are hospitalized in the state every year because of automobile accident injuries. Some people will see physical recovery from their injuries, but many will not.

Car accident injuries frequently include:

• Fractures and broken bones: Bone fractures and breaks are some of the most common injuries related to vehicle accidents. Sometimes, these do not require major medical treatment, such as in the case of a broken digit, but often, broken bones can present a more serious danger. Broken ribs, for instance, can lead to internal bleeding if they puncture organs.
• Joint dislocation: Joint dislocation is another common injury caused by vehicle collisions. People generally recover from these injuries within a few weeks, but their medical bills can be expensive. In addition, repeat dislocations are more likely after the first occurrence.
• Head and/or neck injuries: During a car crash, a person’s head and neck are especially vulnerable to trauma. The force of impact can cause a person to hit their head against objects within the car or wrench their neck. Any blunt trauma to the head or serious twisting of the neck can become serious, and both injuries will need the attention of a medical professional to be sure the injured person is not in more danger.
• Head and/or neck injuries: During a car crash, a person’s head and neck are especially vulnerable to trauma. The force of impact can cause a person to hit their head against objects within the car or wrench their neck. Any blunt trauma to the head or serious twisting of the neck can become serious, and both injuries will need the attention of a medical professional to be sure the injured person is not in more danger.
  1. Loss in range of motion
  2. Headaches
  3. Numbness and tingling in the arms, shoulders, or back
  4. Dizziness
  5. Fatigue
  6. Ringing in the ears
  7. Blurred vision

• Internal bleeding or organ damage: Vehicle crashes can cause internal bleeding and organ injuries because of the force of the impact, collisions with objects in the car, and the breaking of glass during the crash. These injuries are often difficult to detect, which is why they can quickly become more serious. If someone suspects internal bleeding, they will need to seek emergency medical care.
• Brain injuries: Car crashes can result in traumatic brain injuries, particularly when someone is ejected from the vehicle. These are among the most serious cases we see at Parker Waichman because the effects of the injuries are incredibly pervasive and frequently permanent. Some of our clients with brain injuries can no longer lead normal lives.
• Burns: When a crash results in a vehicle fire, drivers and passengers are at risk of severe burn injuries. People who suffer burn injuries often have lasting disfigurement and endure excruciating and costly medical treatments.
• Spinal cord injuries: Depending on the speed and collision type, drivers and occupants can suffer devastating spinal injuries. The severity of these injuries will usually depend on where and how forcefully a person’s spinal cord has been damaged. The most severe of these injuries results in permanent paralysis, particularly to the lower limbs.
• Death: The most serious car accident cases result in loss of life, either at the scene of the crash or shortly after.

At Parker Waichman LLP, we understand the turmoil caused by car crash injuries as well as the legal complexities of these cases. Life after a crash isn’t easy, but with the help from one of the best car accident lawyers in New York, you can get compensation for your injuries.

How Does New York’s No-Fault Law Affect Your Case?

One aspect of car accident law that tends to complicate legal proceedings and financial recovery is the fact that New York is a no-fault state. New York is one of the 12 states in the country that have no-fault laws for collision cases. When you are injured in a car accident in New York, in order to seek reimbursement for economic losses, you must first turn to your own vehicle insurance carrier. This is true regardless of who was at fault in the accident and applies to both drivers and passengers in the crash.

New York enacted the no-fault law in an effort to expedite car accident claims. But it’s important to note that this process only provides reimbursement for economic losses in the event of an injury-causing auto accident. It does not apply to non-economic losses, like pain and suffering.

The Serious Injury Threshold

In order to recover compensation for physical and mental pain and suffering related to automobile injuries, you must meet the serious injury threshold established by New York law. A serious injury is one of the following:

• Bone fracture
• Significant disfigurement
• Dismemberment
• Loss of a fetus
• Significant limitation of use of a body function or body system
• Permanent limitation of use of a body organ or body part
• Full or substantial disability for at least 90 days following the accident
• Death

If you have suffered one of these serious injuries, then you could be eligible to file a lawsuit outside of the no-fault law against the driver who injured you and their insurance company.

As you can see, this system can be confusing and difficult to navigate, and it’s not always easy to determine what injuries are “serious” under the law. This is just one reason why it’s so important to make sure you have adequate legal representation from one of the best car accident lawyers in NYC. With the help of our skilled auto accident attorneys, New York City car crash victims can have the best odds of securing the compensation they deserve. The experienced staff at Parker Waichman can help you decipher what claims you might have and to whom you should turn for recovery.

Statutes of Limitations for NYC Vehicle Accident Cases

Generally, New York has a three-year statute of limitations on car accident claims. This means you have three years from the date of your car accident to file a lawsuit related to your accident injuries. To file any case in New York, you have to make sure you are within the time window mandated by the state’s statute of limitations. The statute of limitations acts as a time restriction on filing all legal claims in the state, and it can vary depending on the circumstances of the case. If you fail to file your case within the correct period of time, you will be forever barred from filing it.

However, the three-year time limit on your New York claim can change depending on the facts of your specific case. In order to determine the correct statute of limitations, you need to hire an experienced car accident lawyer in New York, NY, to investigate your claim. The skilled lawyers at Parker Waichman diligent about calculating and satisfying statutes of limitations for our cases. When you choose our auto accident attorneys in New York, you can be sure that your legal rights will be protected.

How Can an Accident Lawyer Help Me?

A skilled auto accident lawyer in New York City can help you recover compensation for all of the ways your life has been affected by your injuries. At Parker Waichman, our legal professionals understand the turmoil you and your family have been living with since the accident, and we want to make sure you are adequately compensated.

When you work with a dedicated New York car accident lawyer at our firm, you will be able to seek damages for all of the following:

• Lost wages if you had to take time off from work or cannot currently work because of your vehicle accident injuries
• Lost future wages if you are not able to return to work in the near future
• Medical bills related to any treatment you have received for your injuries to date
• Future medical bills should you need further treatment for your injuries
• Compensation for the physical and mental pain and suffering you have experienced because of your injuries
• Loss of consortium damages if your injuries have affected your relationship with your spouse.

Our car accident law firm in New York will make sure to capture the full extent of your injuries to secure the highest level of compensation possible. We want to help you move forward, and we will do everything we can to make that happen. Though we recognize that a monetary award will never completely restore everything you have lost, we will aggressively seek damages for your economic and non-economic losses to help ease the burden that has been placed on you and your family.

Understanding the Car Accident Claims Process in New York

We know the legal process can seem intimidating, which is why our New York City auto accident lawyers pride themselves on communication: When you work with us, we’ll make sure to thoroughly and clearly explain the steps we’re taking with your case and what comes next. We’ll also be here to answer any questions you may have along the way.

Your Parker Waichman attorney will ensure that your case is prepared properly, which may include the following actions:

• Obtain a detailed report of the accident from you and any passengers.
• Request any police or accident reports.
• Order medical records for any treatment you received following the accident.
• Collect photographs from the scene, including any damage to vehicles or property.
• Collect photographs of any injuries.
• Interview witnesses to the accident.
• Contact insurance providers.
• Consult with medical experts or car accident specialists.
• Identify the statute of limitations for your claim.
• Make a determination about the proper venue for filing your case.
• Draft a petition for damages and file it on your behalf.

Our New York lawyers are experienced auto accident litigators, and we know how to navigate the laws in these cases and how to build a case that has the absolute best chance of resolving in favor of our client. Contact our New York offices today to find out more information about how we can help you and your family.

Proving Liability in Auto Accident Cases

In a car accident case, we will usually file a claim for damages against the driver who caused the accident under a theory of negligence. State negligence laws generally require us to prove four things in court:

• A duty existed by the wrongdoer.
• The wrongdoer breached that duty.
• Our client suffered harm.
• The harm was caused by the wrongdoer’s negligence.

When we set out to prove that a duty existed, we use what is called a “reasonable care” standard. The court will examine what a reasonable person would do in the same or similar circumstances to determine what the defendant’s duty was. For instance, in car accident cases, all drivers have a general duty to drive safely enough to not cause harm to other motorists.

A duty is breached when someone fails to use the degree of reasonable care required under the circumstances. The court will analyze what the defendant did and compare that to what a reasonable person would have done. If the driver who injured you did not look before they changed lanes, the court will probably find that a reasonable person would have looked in that situation and will conclude that the defendant breached their duty to use reasonable care.

Next, we have to prove that you suffered some kind of injury. Proving an injury might seem straightforward, but sometimes, auto accident injuries can be latent. Especially when someone has suffered head trauma, we will need medical examinations and an expert to establish the full extent of a potential brain injury. Injuries can also include economic damages, like medical bills and lost wages. We will need to do a full workup to make sure we have captured the total picture of your losses.

Lastly, we have to prove that your injuries were caused by the defendant. If your auto accident attorney in New York is unable to tie everything back to the car accident and back to the negligent conduct of the defendant driver, they will not be able to succeed with your claim. These cases take time and hard work to prepare, and you need the best legal counsel on your side. Parker Waichman can build a solid case for you to make sure you receive the compensation you and your family need.

Why Should You Choose
Parker Waichman?

At Parker Waichman, we are extremely proud of the level of compensation we have secured for our clients: We are one of only a few law firms to achieve more than $2 billion in settlement awards and court verdicts. We are also proud of the sterling reputation we have earned inside and outside of the New York legal community. Throughout the years, the name Parker Waichman has become associated with integrity, professionalism, and a passion for client advocacy. We have received many accolades, including:

• 8 (out of a perfect 10) rating by AVVO, a service that rates every attorney in the United States
• AV Preeminent rating from Martindale-Hubbell, a company that for more than 100 years has rated attorneys across the United States and the world based on feedback from judges and peers
• Highest ranking of “5 Dragons” based on peer review by Lawdrago

When you choose a New York car accident lawyer from Parker Waichman, you can feel confident that you will be working with someone you can trust who cares about you and understands the importance of your case.

No-Risk Representation With No Out-of-Pocket Costs

When you are struggling with the aftereffects of a car accident, we know you have enough on your plate without having to worry about how you will afford to litigate your automobile accident case. That’s why our New York auto accident attorneys offer free consultations and work on a contingency-fee basis. This means that getting high-quality legal representation from Parker Waichman in New York car accident cases will cost you nothing out of your own pocket: We will advance the costs of litigating your claim, and if you don’t get paid, neither will we.

Sources:

• Whiplash
• Background on: No-fault auto insurance

Call Parker Waichman LLP Today For Your Free Case Review

The attorneys at Parker Waichman stand ready to help you recover compensation for your car accident injuries. Contact our law firm today to find out how we can help you and your family during this trying time: We’ll provide a free consultation with a skilled New York auto accident lawyer who will listen to your story and help you understand all of your legal options. Just call 1-800-YOUR-LAWYER (1-800-968-7529) or fill out our online form to get started.

How Do I Get My Police Report in Manhattan?

In the hours following an accident or arrest, a police report is generated by the investigating Manhattan police officer. Once the report has been generated a "public portion" of the report is available immediately. The public portion of the police report withholds information until the case is completely closed. Once the case has wrapped up, you or your attorney can talk to your local Manhattan police precinct to obtain a copy of the full police report. How you are able to get your report varies depending on the preference of the precinct. Some prefer to do it electronically, others via mail, and others in person. Regardless, there may be a waiting period and your precinct may charge a fee to request a copy of the police report. When it comes to help in getting a police report under New York personal injury law, Manhattan, NY, residents should know that Parker Waichman is here to help you make the most of your case. Our law firm is recognized nationally for our care of clients and skill in gathering evidence to get you the compensation you deserve.

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