CAR ACCIDENTS
Driving a car can be stressful, especially on the crowded streets of New York City and the roads and highways in upstate counties. Every time we get behind the wheel of a car or are riding as a passenger, we must always remember to stay aware of our surroundings at all times. Paying attention is critical to reducing your chances of being involved in an accident and suffering serious injury or death.
According to the New York City Police Department Motor Vehicle Collision Report Statistics Citywide there were approximately 7,400 motor vehicle accidents in June of this year. Of that number, nearly 5,700 of those collisions involved cars and almost 2,200 of those accidents were because of a distracted driver or from ignoring the rules of the road. This is just one of many reasons how car accidents can occur.
COMMON CAR ACCIDENTS:
- Aggressive driving or road rage;
- Intoxication and impairment;
- Cell phone use for texting or calls;
- Speeding;
- Failing to observe traffic signs;
- Failing to yield the right of way for other vehicles or pedestrians;
- Falling asleep at the wheel;
- Following vehicles too closely;
- Passing cars improperly;
- Making improper turns;
- Changing lanes improperly;
- Being an inexperienced driver, and more.
WHAT IS THE "NO-FAULT" LAW IN NEW YORK?:
New York State follows what is known as the “no-fault insurance” or “personal injury protection insurance” (PIP), laws and regulations. Regardless of who was at fault for the accident, you may be entitled to receive paid medical benefits. It is important to remember that you have only 30 days from the date of accident to file a claim with your insurance carrier to put them on notice that you were injured. Once a claim is filed, we strongly encourage you to forward all future correspondence with your insurance carrier to your lawyer to handle the legal matter.
You will also be dealing with a separate department from your insurance carrier that handles the bodily injury portion of the claim. In order to negotiate a possible settlement there are guidelines that have been set up to meet what is known as “threshold of injury.” These types of injuries include:
- Death;
- Dismemberment;
- Significant disfigurement;
- A fracture;
- Loss of a fetus;
- Permanent loss of the use of a body organ, member, function or system;
- Permanent consequential limitation of the use of a body organ or member;
- Significant limitation of the use of a body function or system;
- An injury or impairment of a non-permanent nature which prevents you performing your usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty days (180) immediately following the accident.
