Car Accidents in the New York City听Area听
New York City is a dangerous place for motorists, pedestrians, cyclists and motorcyclists. If you or a loved one has been injured in a听car accident in the New York City area,听you鈥檙e not alone. Traffic is heavy, drivers are distracted, truck drivers are in a hurry,听and poor road conditions can lead to a loss of control.听As car accident lawyers,听The Dearie Law Firm helps car accident victims and their families protect their rights and seek fair compensation for their injuries.听
In just July听of 2018 there were听19,384听motor vehicle collisions with 3,823听of them听causing injuries or deaths, according to the听. They caused 5,330听injuries and 16听deaths. That comes to about 172听injuries听each day and听a about fatality every other day.听
There can be many reasons for a car accident in the New York City area, including,听
- Driver distraction or inattentiveness:听This can be caused by smart phone use, fatigue, conversations with others in the vehicle,听or听drivers听simply not paying attention to what鈥檚 ahead of them. About 10% of fatal crashes and 15% of crashes causing injuries in 2015 were caused by distracted drivers, according to the听.听
- Fatigue:听About听60% of adult drivers,听which comes to听about 168 million people,听say they have driven a vehicle while feeling听drowsy,听and more than听a听third (37% or 103 million people)听admit to听sleeping behind the听wheel, according to a听听survey听in听2005.听
- Driving under the influence of drugs:听In 2016 11.8听million people aged 16 or older drove under the influence of听illegal drugs, reports the听.听Effects on drivers vary depending on the individual and the drug used听and听can include drowsiness, dizziness, slowed reaction times or aggressiveness.听
- Speeding:听According to the City of New York, of the vehicle accidents in July听2018,听333听of them involved speeding as a factor. Speeding can greatly decrease reaction time, especially on crowded city streets.听听
- Tailgating:听Following too closely was a factor in 2,353听accidents in the city in July听2018, impacting more than 12% of all accidents. These accidents can cause soft tissue injuries of the neck and shoulder. More serious accidents could cause concussions and traumatic brain injuries.听
- Wrong way driving:听A driver going the wrong way could be intoxicated,听drowsy, not paying attention,听or simply confused in dark conditions and by poor signage. A high percentage of these accidents result in severe injuries and deaths.听听
If a driver engages in these acts he or she is breaking the law听and听should be given a ticket,听if not arrested. Violating the law is normally strong evidence of fault by the driver. In听the case where two vehicles are involved and听both drivers broke听the law,听the fact finder would need to decide who鈥檚 more to blame.听
Accident investigations help sort out the facts听
Who gets the blame听may ultimately be decided in court. After an officer comes to the scene and investigates the crash,听a report will be issued. That report is often听used听by the听insurance听company听and听the injured party鈥檚 attorney.听
All the parties involved听normally听file an insurance claim for the damages to their vehicles听and/or听for their injuries.听Car accident attorneys and insurance companies conduct听further听investigations to determine who caused the accident, how,听the conditions that might have led to the accident,听and who听should be held liable. Evidence could include,听
- The police report,听听
- Interviews with witnesses and the drivers听involved,听听
- Physical damage to the vehicles, guardrails, power poles or buildings,听
- Photos taken of the accident scene,听
- Video shot inside the vehicle or outside by bystanders or nearby security cameras,听and,听
- The extent of injuries and听the location of听the injured parties,听both inside and outside听the vehicle.听
Engineers who can reconstruct an accident given the evidence could be used to听provide听a professional opinion on the cause of the accident and who made what mistake听to decide who was at fault and by what degree.听
Blame May Be Placed By a Jury听After听a Trial听
If you鈥檙e considered seriously听injured听under New York law, want to claim damages for pain and suffering,听and听have economic losses听greater than $50,000,听you may be able to file a in state court.听It would be up to the fact finder (a judge or jury) to decide who鈥檚 at fault if the parties can鈥檛 reach a settlement agreement.听听
Under negligence law,听the plaintiff (the party filing the lawsuit) needs to show that it鈥檚听the defendant (the party being sued)听who, more likely than not,听acted negligently and is responsible for paying damages as a result. The plaintiff would need to establish,听
- The defendant owed him a legal duty (to operate the vehicle reasonably and safely),听
- The defendant breached that duty (he drove too fast, ran a stop sign or drove while intoxicated),听
- That breach was the factual and legal (or proximate) cause of the plaintiff鈥檚 injuries, and,听
- The plaintiff suffered damages (a way to measure harm by using money) which, under New York law, the defendant is obligated to compensate the plaintiff.听
The fact finder would need to consider the evidence submitted at trial听(including photos, videos, eyewitness testimony,听and experts鈥� opinions) and decide,听
- Is听the defendant at fault?听
- If so, is the听plaintiff听also听at fault?听
- If听fault听is shared, how much听is听each side to blame?听听
Then the plaintiff鈥檚 damages听award听would be听reduced by his or her portion of the blame.听
Get in Touch, Don鈥檛 Waste More Time听鈥� why听The Dearie Law Firm?听
If you or a loved one has been injured in a car accident in the New York City area and you听would like听to discuss your situation, the law,听and how to protect your legal rights to compensation for your injuries, you can听speak to an attorney at The Dearie Law Firm, P.C., by听calling our office at (212) 970-6500. Our听firm has more than听30听years of experience with car accident claims and litigation.听