Car accidents are among the most common causes of serious injury and death in the United States each year. Car accidents usually occur due to some sort of driver negligence, which is generally defined as the lack of ordinary care; it is a failure to use that degree of care that a reasonably prudent person would have used under the same circumstances. It may arise from doing an act that a reasonably prudent person would not have done under the same circumstances, or, from failing to do an act that a reasonably prudent person would have done under the same circumstances.
If you or a loved one have been seriously injured in a car accident where the other driver was at fault, it is important to understand your rights. It is important to contact an experienced car accident attorney.
The most common cause of car accidents is driver error. The common driver errors seen in auto litigation are:
– failure to yield the right of way,
– following too closely,
– driving at an excessive rate of speed,
– driving under the influence of alcohol or drugs,
– neglecting weather or traffic conditions,
– disregard of traffic laws.
Distractions to a motor vehicle driver have become an increasing cause of accidents. Common distractions include:
– use of cellular phone while driving,
– attempting to read,
– putting on makeup,
– changing the radio station,
– and numerous other distractions both inside and outside of the vehicle.
Rear End Collision
If you are able to prove that the other driver was at-fault for your auto accident, you may be able to recover compensation for:
– Medical expenses
– Lost wages
– Lost earning capacity
– Mental anguish
– Pain and suffering
Among the most common types of car accidents in New York is the Rear End Collision and they account for nearly 30% of all motor vehicle accidents according to the National Highway Transportation Safety Administrations. Rear end collision accidents happen when one motor vehicle strikes another from behind. In New York, traffic and congestion result in a large number of rear end collision accidents every year.
A driver who crashes into the car in front of him is generally presumed to be at fault for the accident because the driver failed to maintain a safe driving distance between his or her vehicle and the vehicle in front of him or her. Regardless of the force of the impact, serious personal injuries can occur. Among the more common type of injuries in rear end collision accidents are those that involve the head and neck. These injuries may not be apparent at first, but their symptoms often intensify in the days following the accident resulting in the need for extensive medical treatment and even surgical intervention.
What To Do After a Car Accident When Not At Fault
Car accidents are traumatic events, especially if you are involved in a crash that occurred through no fault of your own. You might feel frightened, in shock or in pain after a high-impact collision, and not sure how to proceed next.
– Call 911. New York law requires anyone involved in a car crash to remain at the scene and notify law enforcement if there are injuries or fatalities.
– Information all parties are to provide to the investigating officer are: name, address, driver’s license, vehicle registration, license plate number, and insurance information. A police report should be obtained after the accident. If possible, take photos/videos of the accident scene.
– Seek medical attention immediately. Do not refuse medical treatment if emergency services are dispatched to the scene. Even if you are not transported to the hospital by ambulance for treatment, visit a physician as soon as possible after the accident to get a thorough evaluation of your injuries. Some symptoms of injuries like mild traumatic brain injuries, internal organ damage, whiplash, and others may appear in the following hours or days, so do not assume you are not hurt just because you feel fine right after the car accident occurred.
– Not seeking medical treatment could severely harm your injury claim if you need to file one later. If your doctor refers you for imaging tests, surgical procedures, physical therapy, or other treatment, you should follow their orders. A gap in treatment is significant evidence insurance companies can use to deny claims. They might argue that the accident didn’t cause an injury or your injury isn’t severe enough to require medical intervention.
– Speak with a knowledgeable car accident attorney. After the car accident, If the other party’s insurance company tries to contact you and ask for information, you should not speak to them until you have discussed your case with an experienced car accident attorney. Keep in mind that the insurance adjuster will look for any information they can use to shift all or some of the blame onto you. To protect yourself and ensure that you get the fair compensation you deserve after an accident, hire a qualified and experienced car accident lawyer to represent you.
If you or a loved one have been injured in a bus accident, or any other type of accident while riding the MTA, Karasik Law Group will fight for your family’s right to compensation for every dollar you are entitled to under the law. Call us to today at (718) 502-9112 to schedule a free consultation. And be sure to visit our website at www.karasiklawyers.com. At Karasik Law Group, winning matters. Win with us! We speak for the injured; our results speak for themselves.
Types of Injuries That Occur from Car Accidents
Life for many car accident victims suffering severe, and even some minor injuries, is never the same. They have to endure ongoing medical treatments, including occupational or physical therapy. Some of the most common injuries caused by auto accidents include:
– Soft tissue injuries
– Neck and back injuries
– Traumatic brain injuries
– Lacerations and broken bones
– Chest injuries
– Arm and leg injuries
– Internal bleeding
– Herniated discs
– Post-traumatic stress disorder
Unfortunately, many of these types of injuries can take a long time to heal, and other types of injuries are permanent and/or life-altering or tragically, lead to death. Wrongful death is a legal term that describes a situation where negligence leads to the death of another person. If a loved one is killed because of the wrongful conduct of a person or persons, such as in a car accident, the decedent’s heirs or beneficiaries may file a wrongful death lawsuit against those responsible for the decedent’s death.