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Car Accidents

New York Car Accident Attorneys

Car accidents are the number one cause of deaths for U.S. teens, according to the CDC (Centers for Disease Control and Prevention). In fact, despite technological advances and numerous efforts that have improved safety in automobile designs and road structures, car accidents are still common occurrences. In the United States, more than 37,000 people die and 2.35 million people are injured or disabled in road crashes every year, according to the Association for Safe International Road Travel (ASIRT).

More car accident cases are filed to hold negligent parties accountable than any other type of accident case.

In many instances, people in car crashes do not suffer serious injury, and damages are not extensive. New York No-Fault Law requires insurance coverage for vehicle damages and bodily injuries that total up to $50,000 per person. Such insurance covers medical, hospital, non-medical remedial care and treatment, loss of earnings from work and other reasonable and necessary expenses incurred up to $25 per day for not more than one year from the date of the accident that caused the injury.

The New York Serious Injury Threshold

However, when death occurs or accident injuries are serious, obtaining a New York car accident attorney becomes vital. Why?  No-fault insurance will not cover your expenses for medical and lost wages that surpass $50,000. Filing a lawsuit is often your only recourse to pay for expenses.

If your injuries meet the serious injury threshold, you can sue negligent parties who are at-fault for the accident. The No-Fault Law defines a serious injury as any of the following:

  • Death
  • Dismemberment
  • Significant disagreement
  • A fracture
  • Loss of a fetus
  • Permanent loss of a body organ, member, function or system
  • Permanent limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • A medically determined injury or impairment of a non-permanent nature, which prevents the injured person from performing usual and customary daily activities for at least 90 days during the 180 days immediately following the injury

Consult with Car Accident Lawyers in NY About Underlying Causes for Car Accidents

When pursuing an accident case, attorneys often use an investigative team to determine the underlying cause of the accident and gather evidence to establish negligence.

Research done by the National Highway Traffic Safety Administration (NHTSA) discovered that 94 percent of the car accidents studied involved driver errors. The breakdown was as follows:

  • Recognition errors — 41%. Examples included driver’s inattention, internal and external distractions and inadequate surveillance.
  • Decision errors — 33%. Examples included driving too fast for conditions, too fast for the curve, false assumption of other’s actions, illegal maneuver and misjudgment gap or misjudgment of other drivers’ speed.
  • Performance errors — 11%. Examples included overcompensation, poor directional control, etc.
  • Sleep — 7%. Falling asleep at the wheel or lack of sleep that reduced driver awareness.
  • Other types of driver errors accounted for the remaining 8% of crashes.

Vehicle Related Causes of Car Accidents

NHTSA research indicated that the most common vehicle related cause for car accidents involved tires or wheels. The next most common cause were brakes-related, following by steering, suspension, transmission or engine related problems.

With vehicle related causes for accidents, thorough case investigation may reveal that one or more of the following parties were negligent:

  • An owner for failing to maintain the vehicle
  • A mechanic for faulty vehicle repair
  • An automotive manufacturer for a defective auto part or defective vehicle

Environmentally Related Reasons for Car Accidents

Many accidents occur due to bad weather. However, at times other environmental factors exist where a local or state government may be held liable. When lack of signs, malfunctioning signals or unsafe road design cause accidents, there are often grounds to sue government entities.

Seek Legal Help from an Experienced Car Accident Law Firm

If a loved one has died or you have suffered serious injury in a car accident, seek legal advice as soon as possible. At Sackstein Sackstein & Lee, LLP we offer a free consultation to discuss your accident and the prospects for pursuing a case.

Call us toll free at 888.519.6400, or contact us in Garden City at 516.248.2234, or in Flushing-Queens at 718.539.3100. You can also fill in our contact form, and we will get in touch with you.

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