When you are in a car accident, it can feel like you are helpless to do anything. A serious car accident can be both traumatic and complicated experience to deal with, even more so when you aren’t sure who was at fault.
According to the New York State Department of Health, there are about 1100 deaths on average every single year due to automobile accidents. This kills 5.6 out of every 100,000 New Yorkers and is a very serious safety hazard.
You may not know this, but there are over 12,000 hospitalizations and over 137,000 emergency room visits every year due to motor vehicle accidents. Motor vehicle related injuries which do not result in death, injuries and emergency surgeries numbers are also quite high.
These statistics can be scary, and at The Ashley Law Firm, we can help you get back on your feet and navigate the complex world of liability and litigation. As an experienced car accident lawyer, Mr. Ashley has helped people get the justice they deserve for several decades.
People who have been involved in a car accident know the challenges of working with insurance carriers, police, and doctors while trying to recover from their injuries, which can be from any type of car accident, such as a fender-bender, a T-bone, or a head-on collision.
Types of car accident injuries include:
- Neck pain and whiplash
- Fractures and broken bones
- Back and spinal cord injuries
- Concussions and other head injuries
- Bruises, contusions, lacerations, and more.
When determining the cause and liability of a car accident, you want to have an attorney who specializes in New York car accidents. Car accidents are considered part of tort law which covers negligence. Car accidents are often caused by negligence or another driver’s error. This is the case whether you are the driver, a passenger, a cyclist, or a pedestrian. An NYC car accident lawyer will be able to look into all the circumstances and comb through evidence to find who is truly at fault.
The most common pieces of evidence that we will look for and use in your case are:
- Witness testimony
- Photographs of the scene of the accident
- Police reports
- Insurance company reports
- Medical bills and expenses, including therapy and all follow-up treatments
- Video evidence, if any, such as surveillance and street cameras, as well as any cell phone recordings taken by bystanders
- Accident reconstruction
Whether the cause of the accident is reckless driving, road rage, speeding, or distracted driving, the results remain the same. There are other things at play in these situations, as well. In some cases, it can be the fault of a manufacturer if a car or vehicle is defective. Liability could also be the responsibility of the vehicle owner, as they are required to maintain and repair their vehicles and keep them safe for everyone on the road. In some cases, it can also be the fault of road defects, if there is a large pothole, debris, or other road obstruction or obstacle.
The most common causes of car accidents are:
- Driver error, also known as driver negligence. This can include things like driving while intoxicated or under the influence, failing to yield the right of way, careless or reckless driving, tailgating, ignoring or failing to see traffic signs or signals, and more.
- Distracted driving, which includes such things as driving while texting or talking on the phone, eating, drinking, putting on makeup, playing with the radio, rubbernecking at accidents or emergency vehicles, and other distractions in and out of the driver’s car.
- Failure to maintain or service a vehicle correctly. When a car or truck owner fails to do regular service and maintenance on their vehicle, it can lead to catastrophic and even fatal results on the roadway. Doing regular maintenance on a vehicle is part of being a responsible car owner, and is a responsibility that needs to be taken seriously.
- A defect in the road, which is something external and not generally the driver’s fault specifically. Roadway negligence examples are badly designed roadways, inaccurate or poor means of controlling traffic which can contribute to accidents, and construction materials or debris can be in the roadway causing or contributing to accidents as well.
- Vehicle manufacturer defects, also known as product liability. Manufacturing defects can include tire blowout issues, brake and mechanical failures, and other non-maintenance related automobile failures. Often, a design or manufacturing defect will not cause the actual accident but can make the injuries that resulted from the accident worse than they would have been otherwise, which is a liability.
If you or anyone you know has been injured in a car accident, make sure you follow the following steps and always make sure you are safe before doing anything else. You will want to consult a car accident lawyer in NYC to make sure every step is being followed and you are getting everything you need to show you are not at fault.
What to do after a car accident:
- Contact emergency services to take care of the injured parties.
- Call the police and report the accident.
- Remain at the scene of the accident and make your report to the police officers.
- Document everything. Take pictures of the scene of the accident, all of your injuries, and the damage to your car.
- Keep records and copies of any and all medical records or bills, repair receipts, wage loss, and any related expenses.
- Make a report to your auto insurance company and ask for a copy of that report.
- Request a copy of the Traffic Collision Report from the police as soon as you can.
It is important that you do not admit any fault or sign anything, such as forms from an insurer or letter admitting guilt, in order to preserve your rights. In many cases, insurance companies may try to take advantage of accident victims who don’t know their rights in order to lower the payout they have to give.
We will help you get the compensation you deserve for things like medical expenses, pain and suffering, disability and disfigurement, loss of quality of life, emotional distress, lost wages, and other damages you may be entitled to.
