How is Fault Determined in Car Accidents?
The last thing you need in your hectic daily life is a car accident. The aftermath of a car accident often leads to a complicated legal process. If you’ve been involved in a serious car accident, you may be wondering what steps you should be taking to build your claim and protect your rights. Our Best Woodbury Car Accident Lawyers at Mandler & Sieger, LLP have provided quality legal representation since 1990. A car accident can feel like a nightmare, but you don’t have to go through it alone. Our team would like to share some information to help break down how fault is determined in car accidents and how our firm will fight for you.
New York is a No-Fault State
New York is a no-fault state, and in no-fault states, you can seek compensation for your car accident by filing a first-party claim with your insurance company. Under these rules, you can’t pursue compensation by filing a third-party claim. You will need to rely on your own insurance coverage to recover financial losses up to your policy’s limit. You can only step outside the state’s no-fault system under certain circumstances. In order to go past a no-fault claim and bring your claim directly against the at-fault party, your injuries will need to surpass the serious injury threshold. The conditions in this category include:
- Loss of organ or bodily function
If you’ve suffered injury or damage to your vehicle after a car accident, you may be curious about how you will be compensated. Finding the at-fault party after an accident is crucial because they will be responsible for paying the resulting damages. When a driver fails to follow the rules of the road, determining negligence is relatively straightforward. In some cases, determining fault can be unclear. If you have concerns about your claim, it’s best to consult with the Best Woodbury Car Accident Lawyers for help. Law enforcement, insurance companies, and the courts will use evidence from the accident to determine the at-fault party. Some of the things these entities will consider include:
- Damage to the cars.
- Statements from each driver.
- Police reports.
- Photographs of the accident.
- Medical records.
- Weather and road conditions.
- Witness statements.
Stepping Outside of the No-Fault System
As previously mentioned, New York is a no-fault state. New York relies on the comparative negligence law for determining fault when you are pursuing a personal injury claim outside of this system. If you suffer an injury following an auto accident, you can recover an amount based on your proportionate level of fault under the comparative negligence law. Since the other driver was completely to blame for the accident, they would be responsible for lost wages, medical expenses, and any other significant losses you may have suffered through their insurance provider. If you were partially at fault for the accident, you could be awarded compensation based on a percentage proportionate to your share of the blame. The court may determine the percentage of fault by looking at all circumstances surrounding the incident. Some of the factors that can be examined include:
- Weather conditions.
- Speed limits
- If the driver was using their cell phone.
- Traffic control devices.
Comparative negligence laws can guide insurance claims adjusters as they evaluate your case, and adjusters will make their decision based on what is determined in court. If you’ve been injured or suffered severe damages, you should not let anything stop you from pursuing your case. It can be a challenge to pursue your claim on your own, but having Best Woodbury Car Accident Lawyers by your side can help make this process smoother. Our team will carefully evaluate your situation, determine the best course of action, and fight aggressively for you to ensure you receive the compensation you deserve.
Contact Us | Best Woodbury Car Accident Lawyers
The process of a car accident lawsuit can be highly complex, so it’s crucial to work with dedicated Best Woodbury Car Accident Lawyers to yield the best results. While minor accidents are usually settled outside of court, if you or a loved one has suffered severe damage, you should not hesitate to pursue a claim. At Mandler & Sieger, LLP, our experienced and compassionate attorneys will assess your case to guide you towards a favorable outcome. To learn more about your legal options or to schedule a consultation, contact our office today!
Pedestrian, Motorcycle and Bicycle Accidents
At Mandler & Sieger, LLP we know how serious a motorcycle accident can be due to the impact of a car, structure, or even the road itself. We will investigate the scene of your accident, take photographs, collect all available evidence, interview witnesses, obtain the police accident report, speak with the insurance companies, and retain experts when necessary. We are here to help you recover your lost wages and complete all of the insurance forms and applications. Above all else, we pledge to help recover the maximum compensation you deserve for your injuries.
No-Fault in New York
No-fault law in New York has restrictions and limitations regarding motorcycle accidents. Although more insurance companies have been offering no-fault coverage, some motorcycle policies don’t, which makes it difficult for motorcyclists to receive essential medical care. Please feel free to call us and we will be glad to explain the various types of coverage that may apply to your case.
We know that our clients are dealing with more than just pain. They find themselves out of work, without transportation, in need of medical care, faced with phone calls from insurance companies and many questions for which they don’t have answers. We’ll handle the insurance companies for you, answer all of your questions, and put you at ease.
Pedestrian and Bicycle Accidents
Most cases involving pedestrians or bicyclists almost always involve a car or truck. Drivers should be aware of the pedestrians and bicyclists they share the road with, but unfortunately, they are not and often cause injuries that are even more severe than those sustained in other motor vehicle accidents.
At Mandler and Sieger, LLP we will investigate the scene of your accident, take photographs, collect all available evidence, interview witnesses, obtain the police accident report, speak with the insurance companies, and retain experts when necessary. We are here to help you recover your lost wages and complete all of the insurance forms and applications. Above all else, we pledge to help recover the maximum compensation you deserve for your injuries.
Contact Best Woodbury Car Accident Lawyers
We know that our clients are dealing with more than just pain. They find themselves out of work, unable to get around, in need of medical care, faced with phone calls from insurance companies, and many questions for which they don’t have answers. We’ll handle the insurance companies for you, answer all of your questions, and put you at ease. Please feel free to contact us by calling (631) 424 – 2525 or send us an email at email@example.com to address your specific needs and concerns.
Things To Do After A Car Accident
More than six million car accidents occur each year across the United States. Luckily, most accidents result in only damage to the vehicle leaving the occupants unharmed. Although this being the case, still one in three accidents result in personal injury. Following an auto accident, it is easy to find yourself confused, disoriented, and shaken. In the aftermath, however, there are certain things you can do yourself and your interests protected. It is critical to gather pertinent information.
A helpful tool to remind yourself what to do is keep your insurance information, a checklist of questions to ask, and phone numbers to call in your glovebox. An accident is a highly stressful situation, and we here at Mandler & Siegler understand that. If you need legal assistance following an auto accident, contact the Best Woodbury Car Accident Lawyers.
10 Things You Should Do Following An Accident
- Stop. Never leave the scene of an accident regardless of severity.
- Guard The Scene. Put flashers or hazard lights on if it is dark out. Use road flares if you have them. This can help prevent further accidents.
- Contact The Police. The police need to be called even if there are significant injuries. A police report will likely need to be filed with your insurance company. Make sure the vehicles remain where they are. They should not be moved for any reason other than if blocking traffic.
- Snap Pictures. Take clear pictures of any damage to the vehicle and any bodily injuries. If this can’t be done at the scene after is fine.
- Make An Accurate Record. Tell the police officer everything you remember—a clear, honest account. Do not speculate or guess. Make sure to state your injuries and pain if you’re asked whether you’re hurt and you’re sure. You should also make sure the other parties’ accounts are accurate.
- Exchange Information. Typically this is handled by the police. However, if the police do not respond, you need to obtain the address, number, names of everyone in the vehicle. You should ask to see the insurance card and take that information as well. If there are any witnesses at the scene, you should get their information as well so your attorney can contact them in the future.
- Report Accident. Many insurance policies require the accident to be reported immediately, so you should do so. Confirm what you’re covered for, specifically medical-wise.
- Seek Medical Attention. Injuries caused by auto accidents are very often. You should seek medical attention unless you are certain nothing is wrong. Even in minor accidents, pain usually comes on the next day or two. If you were dazed or unconscious, you were likely concussed, and this can lead to further issues if untreated.
- File Everything- You should file all records and documents away. All information like claim number, names, phone numbers, addresses, receipts if a rental is needed, expenses, etc., should all be kept on file.
- Consult An Attorney. Maybe the most important thing you can do is consult an attorney. Often insurance companies want to take immediate statements. It is vital to protect your rights. Your attorney can advise you on how you can be fully compensated for your vehicle and also make sure you’re getting the adequate medical care you’re entitled to.
Local Best Woodbury Car Accident Lawyers
Auto accidents are incredibly stressful, and handling the aftermath can be quite confusing if not prepared. It is essentially what you do in the aftermath of an accident every step. Using the ten tips above can help guide you through the process. For further guidance, please consult the Best Woodbury Car Accident Lawyers.
What Are The Top Causes of Car Accidents?
Approximately 5.25 million accidents happen in the U.S every year. Several factors, such as speeding and reckless driving, are significant causes of accidents. Mandler & Sieger offers help with car accident troubles; as part of the best Woodbury car accident lawyers, Mandler & Sieger provides information on lawsuits. When you need expert legal advice from experienced professionals, contact our team at Mandler & Sieger.
Top Causes of Car Accidents:
- Distracted driving is the leading cause of car accidents. While talking or looking at a phone, eating, talking to other passengers, looking for directions, or not paying attention to the road, distracted driving is anything that distracts a driver from their complete attention to their driving.
- Reckless driving is another cause of car accidents; this occurs when drivers are aggressive and often impatient, not fully looking to make sure it is clear to go or following behind a car too closely.
- Drunk driving is not only illegal, but it is also hazardous. This occurs when someone is intoxicated and cannot make decisions or function to drive correctly.
- Speeding is also highly dangerous and is the leading cause of car accidents. This occurs when people are impatient and reckless while going over the mph of the speed limit.
- Tailgating occurs when people drive too close to the back of other cars, not leaving enough space or time to react and stop if something happens. It is advised and safer if you leave room for a whole vehicle between you and the car in front of you for each ten mph speed you are going. For example, if you are going 20 mph, you would leave room for two cars; if you are going 30 mph, you would leave room for three, and so on.
- Driving under the influence of drugs is highly dangerous; similar to driving drunk, people driving high on drugs cannot think, make decisions, or react time or senses to drive safely.
Common Causes of Car Accidents
- Natural factors such as rain, ice, or snow have huge impacts on driving and cause many accidents. Rain causes the roads to be wet, making it possible for vehicles to uncontrollably slide on the street, known as hydroplaning, which can be very dangerous. Ice and snow are other hazardous factors. Black ice can be hidden or hard to see, causing cars to spin and slide. Snow can create dangerous driving conditions as well.
- Drowsy driving mainly occurs late at night into the early morning. This happens when drivers experience fatigue and struggle to keep awake. It is advised to find a palace to pull over and nap to reduce the risk of an accident.
- Animals running into the road cause many accidents because they may jump right in front of people’s cars, or people may try to swerve to avoid hitting an animal and hit something else instead. It is advised to drive slow when animal crossing signs are present and use your high beams in darker areas where visibility is low.
- Tire Blowouts are caused when a tire explodes and loses its pressure rapidly. This can cause the driver to completely lose control of the car and can be very dangerous.
- Running red lights or missing a stop sign can cause severe accidents because these are designed for drivers to stop for oncoming traffic and other drivers on the road. When a red light or stop sign is missed, this can cause a dangerous accident.
- Quick and unsafe lane changes are the leading causes of car accidents as well. It is crucial to make sure you look, and it is safe and clear to change lanes.
Best Woodbury Car Accident Lawyers Can Help!
It is essential always to be careful when driving to reduce the risk of car accidents and injuries while on the road. Make sure to be safe while paying attention to you and other drivers on the road. For more information click here and contact our best Woodbury car accident lawyers at Mandler & Sieger.
Contact The Best Woodbury Car Accident Lawyers!
Mandler & Sieger can help you with your car accidents and provide you with information on personal injuries. Contact our best Woodbury car accident lawyers today to learn about how we can help you with your situation! Call us to schedule an appointment with our lawyers today!