Car Accident Attorney in White Plains, New York

If you’ve been involved in a car accident in White Plains, the aftermath can be overwhelming. You may face rising medical expenses, vehicle repairs, and the emotional toll of recovery. At Kent Hazzard & Freeman, our experienced car accident team is here to guide you through this challenging time and fight for the compensation you deserve.

Maximizing Your Car Accident Compensation in White Plains, NY

You can recover several types of damages in a car accident claim. Economic damages cover the medical expenses, lost income, and other quantifiable financial losses resulting from the accident. Non-economic damage compensates for the more subjective impacts on your life, such as pain and suffering (including surgeries). If you were involved in a drunk driving accident or other incident caused by egregious behavior, you may also be entitled to receive a punitive damages award.

In some cases, your no-fault insurance policy may cover all your medical expenses and lost wages—but if your injuries are serious, the cost of your treatment and lost wages may far exceed your no-fault policy limit. Further, no-fault does not provide compensation for pain and suffering and additional damage other than medical expenses and lost wages. That’s when it becomes particularly important to consider pursuing a personal injury lawsuit to recover those damages.

How much money you can recover depends on multiple factors, including the following:

• The severity and extent of your injuries and surgeries
• The length of your recovery
• Whether you’ll need ongoing medical care
• Whether you have suffered permanent disabilities
• How your pain and suffering affect your life
• How much income you’ve lost
• The effects on your future earning capacity
• The strength of the evidence you have against the at-fault driver
• Aggravating factors against the at-fault driver like intoxication and willful misconduct
• The at-fault party’s insurance policy limits

Additionally, New York is a pure comparative negligence state. You can recover damages even if you partially to blame for the accident. However, your share of the blame will affect your recovery—any damages will be reduced in proportion to your fault for the accident.

When it comes to car accident claims in White Plains, the value of your case can vary significantly depending on several key factors. At Kent Hazzard & Freeman, our experienced team will thoroughly evaluate your unique situation to determine the full extent of your damage and ensure you receive the maximum compensation you deserve.

How Do Car Accident Claims Work in White Plains?

Understanding the car accident claims process in White Plains, New York, is crucial for ensuring you receive the compensation you deserve. Here’s a detailed step-by-step overview of how car accident claims typically work in the area.

Reporting the Accident

Immediately after the accident, it is essential to report the incident to your insurance provider and the local police department. Obtaining a police report is vital for documenting the details of the accident, including the parties involved, the vehicles, and any citations issued. This report will serve as a crucial piece of evidence in your claim.

Seeking Medical Treatment

Seeking medical attention is paramount, even if you do not believe your injuries are severe. This creates a record of your injuries and helps establish a causal link between the accident and your medical needs. Early medical treatment can also prevent minor injuries from becoming more serious and provide a clear timeline of your health issues post-accident.

Filing a No-Fault Claim

New York’s no-fault insurance system requires you to file a claim with your own insurance provider, regardless of who was at fault. This system ensures you receive prompt coverage for your initial medical expenses and lost wages. The minimum no-fault coverage required in New York is $50,000 per injured person, though vehicle owners can purchase additional no-fault coverage if desired.

Determining Fault

Kent Hazzard & Freeman will investigate the accident to identify all parties who may have contributed to the incident. This includes the other drivers, vehicle manufacturers, or even government entities responsible for road maintenance. We will review police reports, photos and videos of the scene, and witness statements to get a better idea of who was at fault for the crash. This thorough investigation is critical in establishing liability and ensuring that all responsible parties are held accountable.

Negotiating with Insurers

Kent Hazzard & Freeman will handle all communications and negotiations with the insurance companies involved. We will fight to maximize the compensation you receive for your injuries, property damage, and other losses. This includes negotiating with your own insurance company for no-fault benefits and with the at-fault party’s insurance company for additional damages if your injuries meet the serious injury threshold.

Pursuing Additional Damages

If your injuries meet the “serious injury” threshold under New York law, you may be able to pursue additional damages beyond the no-fault benefits. These can include compensation for pain and suffering, medical expenses and lost wages not covered through no-fault, property damage, and other losses. The serious injury threshold includes injuries such as:

• Death
• Dismemberment
• Significant disfigurement
• Loss of a fetus
• A fractured bone
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member
• A significant limitation of the use of a body function or system
• A medically determined injury or impairment of a non-permanent nature that prevents the injured victim from performing substantially all of the material acts which constitute such a person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

Litigation, if Necessary

In some cases, it may be necessary to file a personal injury lawsuit and take your case to court. Kent Hazzard & Freeman has extensive experience in litigation and will advocate for your rights every step of the way. During the pre-trial phase, the parties will exchange information through a process known as discovery, and motions may be filed with the court to exclude certain types of evidence. If an insurance company won’t offer maximum compensation for your injuries, our team will prepare your case for trial, making arguments, introducing evidence, and questioning witnesses to secure a favorable verdict.

Key Takeaways:

• The car accident claims process in White Plains involves several critical steps, from reporting the accident to negotiating with insurers and potentially pursuing litigation.
• Kent Hazzard & Freeman will guide you through each stage of the process, ensuring you receive the maximum compensation available under New York law.
• Understanding the no-fault system and the serious injury threshold is crucial for determining the extent of your potential compensation.
• Our team will handle all aspects of your claim, from initial reporting and medical treatment to negotiations and litigation, to ensure you receive fair and full compensation for your losses.

Identifying Liable Parties in a Car Accident

Determining liability in a car accident can be a complex and multifaceted process, as there may be multiple parties whose negligence or actions contributed to the incident. At Kent Hazzard & Freeman, we will conduct a thorough investigation into the circumstances of your accident to identify all potentially liable parties. Here are some of the key parties that may be held liable:

The Other Driver

The most common liable party in a car accident is the other driver involved in the collision. This driver may have been acting negligently in various ways, such as:

• Distracted Driving: This includes texting, eating, or any other activity that takes the driver’s attention away from the road.
• Speeding: Exceeding the speed limit or driving too fast for the conditions can significantly increase the risk of an accident.
• Failure to Follow Traffic Laws: Ignoring traffic signals, failing to yield, or running stop signs can all contribute to an accident.
• Reckless or Intentional Misconduct: Actions such as drunk driving or willful disregard for the safety and welfare of others can also lead to liability.

Our team will gather evidence, including police reports, witness statements, and accident reconstruction analysis, to establish the other driver’s role in causing the accident.

Vehicle Manufacturers

If a defective vehicle component or design contributed to the accident, the vehicle manufacturer may be held liable. This can include:

• Defective Parts: Brake failures, tire blowouts, or other mechanical issues that were due to a manufacturing defect.
• Design Flaws: Poor vehicle design that makes the vehicle unsafe to operate under normal conditions.
• Recall Notices: If the vehicle had been subject to a recall notice that was not addressed, the manufacturer could be liable for any accidents caused by the defect.

Our team will investigate whether any vehicle defects played a role in the accident and will consult with expert witnesses if necessary to build a strong case against the manufacturer.

Government Entities

In some cases, poor road maintenance or design by a government agency can be a contributing factor to a car accident. This includes:

• Road Design Issues: Poorly designed intersections, inadequate signage, or lack of safety features can contribute to accidents.
• Maintenance Failures: Failure to maintain roads properly, such as not fixing potholes or ensuring proper drainage, can also lead to liability.
• Traffic Management: Inadequate traffic management, including poor timing of traffic lights or inadequate lane markings, can also be a factor.

Kent Hazzard & Freeman will review relevant documents and consult with experts to determine if any government entity’s negligence contributed to the accident.

Third-Party Contractors

Construction companies or other third-party contractors working on the roads may also bear responsibility if their negligence led to the accident. This includes:

• Construction Zones: Failure to properly mark or maintain construction zones can lead to accidents.
• Equipment Malfunction: Malfunctioning equipment or improper use of equipment can cause accidents.
• Worker Negligence: If a worker’s actions, such as driving a company vehicle recklessly, contributed to the accident, the employer may be held liable.

Kent Hazzard & Freeman will investigate the role of any third-party contractors and gather evidence to support your claim against them.

Comprehensive Investigation and Evidence Collection

To ensure that all parties who contributed to your accident are held accountable, Kent Hazzard & Freeman will conduct a comprehensive investigation. This includes:

• Police Reports: Reviewing the official police report to understand the officers’ observations and any citations issued.
• Witness Statements: Collecting statements from witnesses who may have seen the accident or have relevant information.
• Accident Reconstruction: Consulting with accident reconstruction experts to scientifically analyze the evidence and reconstruct the sequence of events.
• Vehicle Data: Reviewing data from the vehicle’s black box or other onboard systems to understand the vehicle’s speed, braking, and steering input before the collision.
• Video Footage: Obtaining video footage from traffic cameras, surveillance cameras, or dash cams to provide a visual account of the accident.

By leaving no stone unturned and utilizing all available evidence, Kent Hazzard & Freeman will work to maximize your potential for full and fair compensation. Our experienced team is dedicated to ensuring that all liable parties are held accountable for their actions, ensuring you receive the justice and compensation you deserve.

How Long Does It Take to Settle a Car Accident Claim in White Plains?

The timeline for settling a car accident claim in White Plains can vary significantly, depending on the complexity of the case and the cooperation of the insurance companies involved. In general, you can expect the following:

• Initial No-Fault Claim: The no-fault insurance system in New York requires insurers to process claims within 30 days.
• Liability Determination: Determining fault and liability can take several weeks or months, as it may involve gathering evidence, interviewing witnesses, and negotiating with insurers.
• Negotiation and Settlement: Once liability is established, the negotiation process to reach a settlement can take additional weeks or months, depending on the complexity of the case and the willingness of the insurers to offer a fair settlement.
• Litigation: If a settlement cannot be reached, the case may need to proceed to litigation, which can add several months or even years to the timeline, depending on the court’s schedule and the complexity of the case.

It’s important to note that the timeline can also be affected by the severity of your injuries and the need for ongoing medical treatment. Kent Hazzard & Freeman will work diligently to expedite the process and ensure you receive the compensation you deserve as soon as possible.

How a White Plains Car Accident Attorney Can Help Prove Fault

After an accident occurs, your thoughts may be racing as you try to figure out what to do, especially if you are injured. Car accident claims can be complex, and pursuing compensation without legal representation may be challenging. Consulting with an attorney can help reduce the stress and frustration of dealing with medical bills and insurance negotiations, and it’s the best way to fully recover damages for all your losses.

The Process of Proving Fault

To prove that the other party is at fault in a car accident lawsuit, you must establish several key elements of negligence. Here’s a detailed look at how Kent Hazzard & Freeman can assist in this process:

1. Establishing Duty of Care

The first step in proving fault is to demonstrate that the other driver owed you a duty of care. This means showing that the other driver had a legal obligation to operate their vehicle safely and responsibly. Kent Hazzard and team will review the applicable traffic laws and regulations to establish this duty, ensuring that it is clear the other driver was expected to drive in a manner that did not put others at risk.

2. Identifying Breach of Duty

Next, we must show that the other driver breached this duty of care. This involves carefully analyzing the evidence to identify any negligent actions by the other driver, such as distracted driving, speeding, or failure to follow traffic laws. Our team will gather and examine various types of evidence, including:

• Police Reports: These reports are crucial as they provide an official account of the accident, including details about the parties involved, the vehicles, and any citations issued.
• Videos and Surveillance Footage: Visual evidence can be powerful in showing the sequence of events leading up to and during the accident. This can include dashcam footage, traffic cameras, or surveillance videos from nearby locations.
• Photographs: Taking pictures of the accident scene, vehicle damage, and any other relevant physical evidence can help depict the conditions at the time of the accident. This includes photos of skid marks, road conditions, and the location of any vehicle debris.
• Witness Statements: Statements from third-party witnesses who were not involved in the accident can corroborate your version of events and provide additional insight into what happened.
• Medical Records: Your medical records will be essential in linking the accident to your injuries and demonstrating the severity of your condition.

3. Proving Causation

Once a car accident lawyer in White Plains establishes that the other driver breached their duty of care, we must prove that this breach directly caused your injuries. Our team will link the other driver’s negligent actions to the injuries and damages you sustained, establishing a clear causal relationship. This involves analyzing the medical records, accident reconstruction analysis, and other evidence to demonstrate how the accident led to your specific injuries.

4. Demonstrating Damages

Finally, we must show that you suffered financial and other losses directly because of the accident. This includes quantifiable losses such as medical expenses, lost wages, and property damage, as well as non-economic damage like pain and suffering, emotional distress, and loss of enjoyment of life. Our team will thoroughly evaluate all aspects of your claim to ensure that you receive full and fair compensation for all your losses.

5. Countering Comparative Fault Arguments

If the other driver attempts to shift blame by arguing that you were partially at fault, our team will aggressively defend your interests and minimize any potential reduction in your compensation. We understand the complexities of comparative fault laws in New York and will work to ensure that your rights are protected, and your compensation is maximized.

How Kent Hazzard & Freeman Can Assist

An experienced and knowledgeable White Plains car accident lawyer team from Kent Hazzard & Freeman can establish all of these elements of negligence to pursue the maximum compensation you deserve. Here’s how our team will assist in building your case:

• Comprehensive Investigation: Our team will conduct a thorough investigation into the accident, gathering all relevant evidence such as police reports, videos, surveillance footage, photographs, witness statements, and medical records.
• Evidence Analysis: We will carefully analyze the evidence gathered to identify any negligent actions by the other driver and establish a clear causal link between these actions and your injuries.
• Legal Expertise: We are well-versed in New York’s traffic laws and regulations, ensuring that we can demonstrate the duty of care owed by the other driver and any breach of that duty.
• Negotiation and Litigation: We will handle all communications and negotiations with the insurance companies involved and, if necessary, take your case to court to advocate for your rights.

By having Kent Hazzard & Freeman on your side, you can be confident that your car accident case will be thoroughly investigated, and all evidence will be presented to maximize your chances of recovering the full compensation you deserve. Contact us today to schedule a free consultation and learn how we can help you navigate the complex process of proving fault in a car accident.

Contact Kent Hazzard & Freeman Today to Speak with a Car Accident Lawyer in White Plains

If you or a loved one has been involved in a car accident in the White Plains area, don’t hesitate to contact Kent Hazzard & Freeman. Our experienced car accident team is dedicated to protecting the rights of injured individuals and fighting for the compensation they deserve.

To schedule a free consultation with a car accident lawyer in White Plains and learn more about how we can assist you, call our office at (914) 948-4700 or visit our website at Law Firm in White Plains | Attorneys | Lawyers, White Plains NY (kenthazzard.com). We are here to guide you through the legal process and ensure you receive the justice and support you need during this difficult time.

Our Convenient Office Location

Our White Plains office is conveniently located at 55 Church St, Ste 213, White Plains, NY 10601. We serve all communities throughout Westchester County, including New Rochelle, Larchmont, Scarsdale, Mamaroneck, Rye, White Plains, Bedford, and Somers, as well as Rockland, Putnam, Orange, New York, and Bronx Counties. We are committed to ensuring individuals from these cities receive the legal support they need to protect their rights and secure the compensation they deserve after a car accident.

With top-tier legal representation and an open line of communication, Kent Hazzard & Freeman will fight to recover the compensation you deserve and help you get your life back on track. Contact us today to start your journey towards justice and recovery.