Car Accidents
Car Accident Attorney in White Plains, New York
Car accidents are the most common source of personal injuries and personal injury lawsuits. Even a “fender bender” can lead to thousands of dollars in medical bills and property damage. So when an accident is the result of negligent or reckless driving, the victims have a legal right to seek compensation with the help of a car accident attorney in White Plains. An experienced White Plains car accident lawyer can assist you in dealing with insurance companies following an accident, and if necessary taking legal action directly against the responsible driver and other parties.
Fault and No-Fault States
Personal injury and car accident claims are mostly governed by state law in the United States. Some states have chosen to adopt a “no-fault” rule when it comes to car accidents. This means that each driver involved in a collision must first seek compensation from their own insurance company. Other states are fault-based. So if you suffer any injuries in a crash, you can seek full compensation from the driver who actually caused the accident with the help of a car accident attorney in White Plains.
It is also important to note that not all car accidents are the fault of a driver. For example, a single-car accident may be the result of a design or manufacturing defect in the vehicle itself. In those situations, the injured victim may still have a personal injury claim against the company that made the vehicle or the defective part in question.
But most car accident lawsuits arise from negligent driving. Negligence does not require malicious intent. In other words, you do not have to prove the other driver was trying to hurt you. Rather, negligence can involve something as simple as failing to obey traffic laws–e.g., running a red light or distracted driving. In legal terms, negligence involves proving three things:
- The negligent driver had a legal duty to use reasonable care when operating their vehicle.
- The negligent driver breached that duty through one or more negligent acts.
- As a result of this breach, the victim suffered injuries.
Now, a defendant in a car accident lawsuit may try and shift blame to the plaintiff. When this occurs, a jury will have to decide the relative or comparative fault of each party. For example, the defendant may have run a red light, but the plaintiff was also texting on her phone when the collision occurred. The jury could decide the defendant was still mostly at-fault for the accident, but reduce the amount of the plaintiff’s damages to account for her comparative fault.
What Legal Damages Can I Recover Following a Car Accident?
Damages are the compensation a car accident victim may receive following a successful personal injury claim. The law generally divides compensation into economic and non-economic damages. Economic damages reflect losses that can be readily measured in dollar terms, such as your accident-related medical bills or the cost of repairing your car. Non-economic damages are those losses that are quite real yet difficult to quantify, notably your ongoing pain and suffering following an accident.
Of course, every victim’s situation is unique. A qualified White Plains car accident lawyer can review your case and provide you with skilled legal advice on the best way to seek compensation. Contact Kent Hazzard & Freeman for a FREE consultation today if you have additional questions and wish to speak with a car accident attorney in White Plains.
Frequently Asked Questions – Car Accidents:
If you’ve been involved in a car accident, the first priority is to ensure everyone’s safety and seek medical attention for any injuries. Call 911 if necessary and report the accident to the police. Gather information from the other parties involved, including names, contact details, insurance information, and license plate numbers. Take photos or videos of the accident scene, vehicle damage, and any visible injuries. Avoid admitting fault or providing recorded statements to insurance companies without consulting a truck accident attorney in White Plains first.
It’s advisable to contact an experienced personal injury attorney as soon as possible after a car accident, even if the injuries seem minor initially. A truck accident attorney in White Plains can protect your rights, ensure proper documentation, and advise you on the best course of action. They can also handle communication with insurance companies and prevent you from inadvertently jeopardizing your claim.
New York follows a pure comparative negligence rule, which means that even if you were partially at fault for the accident, you can still recover damages proportional to the other party’s degree of fault. However, your compensation will be reduced by your percentage of fault. An attorney can help investigate the accident and establish liability to maximize your potential recovery.
If you’ve been injured in a car accident, seek medical attention immediately, even if the injuries seem minor. Keep detailed records of all medical expenses, including bills, receipts, and documentation of lost wages or income. Your truck accident attorney in White Plains can help ensure that these costs are included in your claim and that you receive compensation for past and future medical expenses related to the accident.
It’s generally advisable to avoid providing recorded statements to insurance companies without first consulting with an attorney. Insurance adjusters may use tactics to minimize their liability or twist your words against you. Your personal injury lawyer can handle communication with the insurance companies and protect your interests throughout the claims process.
In most rear-end collisions, the driver who struck the vehicle in front is presumed to be at fault due to the legal principle of “following too closely.” However, there can be exceptions, such as if the lead vehicle made an abrupt, unexpected stop or if a third party caused the rear vehicle to collide with the one in front. An investigation by your truck accident attorney in White Plains can help establish liability and protect your rights.
In a successful car accident claim in New York, you may be entitled to recover various types of damages, including:
- • Medical expenses (past and future)
- • Lost wages and future earning potential
- • Property damage (vehicle repairs or replacement)
- • Pain and suffering
- • Emotional distress
- • Permanent disability or disfigurement
- • Loss of enjoyment of life
An experienced personal injury attorney can help evaluate the full extent of your damages and fight for the maximum compensation you deserve.
In New York, the statute of limitations for filing a personal injury lawsuit related to a car accident is generally three years from the date of the accident. However, there are exceptions to this rule, such as cases involving municipal entities or wrongful death claims. It’s crucial to consult with an attorney as soon as possible to ensure your claim is filed within the applicable time limit.
If the at-fault driver in your car accident was uninsured or did not have sufficient insurance coverage to compensate you for your damages, you may still have options. Your truck accident attorney in White Plains can help you file a claim against your own uninsured/underinsured motorist coverage or explore other avenues for recovering compensation, such as filing a lawsuit against the at-fault driver personally.
If the other driver flees the scene after a car accident, you should immediately call the police and report the hit-and-run. Try to get the license plate number, make, model, and color of the vehicle if possible. Remain at the scene and cooperate fully with law enforcement’s investigation. Consult a personal injury attorney right away to protect your rights.
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