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 Huntington car accident attorney at Mandler & Sieger, LLP has 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
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 a huntington car accident attorney 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. Also, if 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 a huntington car accident attorney 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 | Huntington Car Accident Attorney
The process of a car accident lawsuit can be highly complex, so it’s crucial to work with dedicated huntington car accident attorney 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!
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 Huntington car accident attorney, Mandler & Siegler provides information on lawsuits. When you need expert legal advice from experienced professionals, contact our team at Mandler & Siger.
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 be able to function to drive properly.
- Speeding is also highly dangerous and is the main 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 have the reaction time or senses to drive safely.
- 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 road, known as hydroplaning, which can be very dangerous. Ice and snow are other dangerous factors. Black ice can be hidden or hard to see, causing cars to spin and slide. Snow can create hazardous 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 take a 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 Huntington Car Accident Attorney
Make sure to be safe while paying attention to you and other drivers on the road. For more information on the top causes of car accidents, click here and contact our Huntington car accident attorney at Mandler & Sieger. Mandler & Sieger are here to help you with your car accidents and provide you with information on personal injuries. Contact our Huntington car accident attorney today to learn about how we can help you with your situation!
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 our Huntington car accident attorney.
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, the 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 numbers, 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 Huntington Car Accident Attorney
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 Huntington car accident attorney.
FREQUENTLY ASKED QUESTIONS BY CLIENTS IN A MOTOR VEHICLE ACCIDENT CASE?
Will the insurance company cover my doctor and hospital bills if I am in a motor vehicle accident?
Yes, under the New York State No-Fault Insurance Law, if you are injured in a motor vehicle accident, you are entitled to no-fault benefits that will cover all of your accident-related hospital and doctor bills, as well as other miscellaneous expenses. Such bills will be covered regardless of who caused the accident. At Mandler & Sieger, LLP we will file and process your no-fault application.
All hospitals and most doctors accept, no-fault as a direct means of payment. They must do so subject to the no-fault pay rate schedule. Doctors are not permitted to charge you an additional fee once they have accepted an “assignment” of your no-fault benefits. In some instances, worker’s compensation insurance takes the place of no-fault insurance. Please contact our office with your questions and the details of your accident and we will provide you with the right answers.
Will no-fault insurance cover my lost wages while I’m out of work?
Yes, in most cases no-fault insurance will cover your lost wages. There are many applications and forms that need to be processed before you can receive compensation. Please contact our office with your questions and the details of your accident and we will provide you with the right answers.
Who will pay for the damage to my car?
It all depends on who is at fault. If the driver of the other vehicle is 100% at fault their insurance company is legally responsible to pay for your property damage. No two accidents are exactly the same. Please contact our office with your questions and the details of your accident and we will provide you with the right answers.
Am I entitled to a rental car?
Depending on the circumstances you may even have a choice of insurance companies that will pay for your rental car. Please contact us with your questions and the details of your accident and we will provide you with the right answers.
Will the insurance company pays for my medication and additional medical equipment or devices?
Yes no-fault will pay for your medication and medical equipment, but certain limitations will apply. Approved medications, orthopedic, devices and medical equipment prescribed by your doctor are generally covered by no-fault insurance. The insurance company will require receipts for any such items that you purchase on your own. Please contact us with your questions and the details of your accident and we will provide you with the right answers.
What else does No-Fault insurance cover?
No-fault insurance will also cover any household assistance you may need and reimbursement for your transportation costs (taxi, bus, train, subway) to the doctor. If you are using private transportation you must complete and submit a mileage form indicating the name of the doctor you visited, dates of treatment, and round trip mileage. Please contact us with your questions and the details of your accident and we will provide you with the right answers.
What will Mandler & Sieger do for me regarding my no-fault claim?
Remember, no-fault is a law. There are many time limits and restrictions, and a great deal of paperwork is involved. The lawyers at Mandler & Sieger, LLP are qualified to assist you with the application and the processing of your no-fault claim and to answer any questions you may have regarding your no-fault benefits. 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.
Frequently Asked Questions For Our Huntington Car Accident Attorney!
- What To Do After a Car Accident
- After a car accident, no matter who is at fault, the process of dealing with such an accident can seem daunting. It is important to know what decisions you need to make at the car accident scene. Also, to prevent further dangers to you or others that may be involved.
- What Is Defensive Driving?
- Defensive driving is loosely defined as driving while remaining vigilant—specifically, a vigilant driver of all hazards or other drivers. Sometimes defensive driving is hampered by the actions of others who drive erratically.
- What To Do After Getting Hit By A Drunk Driver
- If a drunk driver hits you, call 911 immediately. The police must respond to the site. You’ll need the proof they gather and the report they’ll write.
- What Is a Hit and Run Charge?
- Leaving the scene, not following the proper steps, and not giving certain information after an accident is considered a crime. It is highly advised not to leave the scene of a car accident because it is against the law.