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New York Car Accidents

Even with the technological and safety advancements of cars in the past 20 years, serious car accidents still occur on a daily basis. According to recent statistics, more than 300,000 car crashes occurred in 2008, and of those, more than 1,100 resulted in fatalities. If you have been injured in an auto accident, it is important to speak with a New York Car Accident Lawyer promptly. The team working at Stephen Bilkis & Associates has years of experience helping people who have sustained injuries as a result of another’s negligence, whether it was a fender bender, truck accident, motorcycle accident or SUV accident. You could be entitled to damages for your injuries, including reimbursement for medical expenses and lost time from work. It is important however, to take prompt action to ensure your legal interests are protected.

Common Causes of Car Accidents

There are many possible causes of car accidents. Sometimes accidents are due to road or weather conditions, poor maintenance, or vehicle malfunction. However, the vast majority of accidents are due to the driver negligence. For example, New York drivers have a duty to drive at a reasonable, prudent speed. N.Y. VAT. LAW § 1180(a). This means that not only must drivers drive according to posted speed limits, drivers must also drive in a reasonable manner given the existing road and weather conditions. Drivers must also avoid distracted driving. This means that engaging in activities such as texting while driving would be failing to exercise reasonable care while driving. N.Y. VAT. LAW § 1225-d. Similarly, driving while under the influence of drugs or alcohol are both against the law, and would result in liability for the offending driver if he or she causes an auto accident. N.Y. VAT. LAW § 1192. Other common causes of car accidents include:

  • Inattention while backing up
  • Failure to yield right of way
  • Following another vehicle too closely
  • Failure to stop at a red light or stop sign
Pursuing a Claim

If the negligence of another driver caused the car accident that resulted in your injuries, you can pursue a claim against that person for damages. To prevail, you must first show that the driver had a duty to you to drive with care. Because New York drivers are expected to drive at a reasonable, prudent speed, to keep the vehicle under control, and to obey all traffic laws in order to not cause harm to others, then all drivers have a duty to other drivers. Furthermore, you must show that the driver's negligence caused your injuries and that you suffered damages. For example, if you sue to recover damages based on a back injury and a head injury, you must show that you sustained the back injury and the head injury in the car accident and that you did not hurt your back and head in a fall two days prior to the accident. Your medical records will provide key evidence as to the injuries that you sustained in the car accident. The negligent driver may have to pay for your emergency room visit, surgery, rehabilitation, visits to the doctor, medication, assistive equipment and future related medical expenses. In addition, the negligent driver may be liable for other economic losses you sustained such as lost wages or loss of earning capacity. The negligent driver may also have to compensate you for damage to your property, such as the damage to your vehicle. A court may also award you non-economic damages such as pain and suffering or punitive damages.

New York Car Accident Lawyer

Proving negligence in a car accident case can present a number of complicated legal challenges. Even if you are unsure as to who was at fault in your car accident, it is important to not delay in contacting an attorney. That staff at Stephen Bilkis and Associates is experienced in handling personal injury and wrongful death cases stemming from auto accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.

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