Fatal Car Accident Lawyer
Guaranteed lifetime payment secured for an eleven-year-old girl from the Caribbean who was seriously injured after being struck by a van while crossing the street. The client sustained a fracture of the left wrist and underwent surgery to her knee and lower back.
New York Car Accident Attorney
Common Causes of Car Accidents in New York
Most Common Traffic Violations
The data above is current as of January 26, 2017 from NYC Open Data. According to the chart, distracted driving is the second most common reason for car accidents in New York, just behind speeding. More car accidents are happening each year due to drivers on their call phones than from drivers under the influence of drugs or alcohol.
When a car accident is caused by a negligent driver, an environmental condition, or a defective auto part, injured parties can rely on the attorneys car accident attorneys at Omrani & Taub, P.C., for experienced, aggressive representation. Proving negligence in New York requires in-depth knowledge of our state’s car accident laws. Our team knows how to make a judge and jury understand exactly how your accident happened, using evidence we gather from the case.
New York Car Accident Law
New York has a no-fault law for car accident cases. This can be bad news for victims, because it means they have to collect settlements from insurance policies no matter who or what caused your accident. Insurance companies notoriously give smaller settlements than what the case would win in court – unless victims hire an experienced personal injury attorney to manage negotiations with the company.
The no-fault rule only applies to personal injury cases, meaning you can file a claim against an at-fault driver for property damage. A victim can bring a personal injury claim against a negligent party if his or her injuries meet New York’s “serious injury” threshold. To meet this threshold, accident victims must experience:
- Significant disfigurement
- Bone fracture
- Permanent body organ or member disability
- Significant body function or system limitations
- Full disability for at least 90 days
A skilled injury lawyer with years of experience handling car accident cases in New York can prove that you meet the serious injury threshold, and he or she can take your case to court if necessary to obtain the fairest compensation. The statute of limitations to file a personal injury claim in New York is three years after the accident. After these three years, the court will most likely refuse to hear your case.
Fatal Car Accidents
Common Causes of Fatal Car Accidents
In the most recent NY accident report data, 966 people died in car crashes in a single year. This number included 268 pedestrians and 47 bicyclists. New York is a dangerous state for car accidents, with heavy traffic and perilous roadway conditions. Of all the fatal crashes in this year, a vast majority – 839 – was the result of human error. The #1 cause of fatal crashes in NY is unsafe speed. Other common causes are failure to yield the right-of-way and alcohol involvement.
The second leading cause of fatal car accidents in NY was environmental factors, including slippery pavement, obstructed view, glare, and faulty traffic control devices. At first, these accidents may seem to be no one’s fault – just a force of nature. Upon further inspection, however, most of these cases were avoidable with proper roadway and vehicle maintenance. Drivers who lose control of their vehicles due to a dangerous roadway can file a claim against the government responsible.
Vehicular factors were the third leading causes of NY car accidents in 2014. These factors included defective parts, tire failure, and inadequate maintenance. If someone is negligent in maintaining their brakes and they crash into someone else because of it, the driver of the improperly maintained vehicle is responsible. If, on the other hand, the brakes fail due to a manufacturing error, the injured driver could potentially sue the parts company.
Fatal Car Accidents in New York
When someone dies at the hands of a negligent driver, the victim’s family has the right to file a claim against the driver for wrongful death. In the event of a wrongful death accident, the court may award damages to a few different people. The court will look at many factors surrounding the deceased person’s relationships with surviving family members, and typically, it awards spouses, minor children, and/or parents. Compensation for a wrongful death case may include recovery for:
- The deceased person’s medical expenses.
- The deceased person’s pain and suffering until death.
- Funeral and burial expenses.
- The family’s financial losses due to the death.
- Loss of consortium, or loss of the deceased person’s love and companionship.
To prove a wrongful death case for a car accident in New York, a personal injury attorney must work closely with the surviving family member(s) to prove the other driver was responsible for the fatal accident. This involves an investigation into the accident, conducting eyewitness interviews and hiring an expert witness to testify about the cause of death. Like every state, New York has specific rules regarding wrongful death cases. You need an experienced local attorney by your side for the best chance at success.
Contact our Experienced New York Car Accident Lawyer
Navigating New York’s no-fault car accident law and other relevant rules can be difficult. Trust the personal injury lawyers at Omrani & Taub, for skilled representation in New York and throughout New York. With decades of experience in the area, we have the in-depth legal knowledge you need to obtain just compensation for your personal injury. Call (212) LAW-SUIT or (718) 714-1515 for a free consultation.