A single collision can render you incapable of working for weeks or longer and can significantly strain your finances. In addition to the financial fallout of a collision, you could have to endure considerable pain and suffering. You may suffer collision-related mental trauma, and you may be unable to independently work or travel.
If your crash was caused by the negligence or recklessness of another party, you may be able to file a personal injury lawsuit against that party. Call Rosenberg & Gluck, L.L.P. at (516) 451-7900 to learn more. Our car accident lawyers serving Valley Stream can investigate your case.
For a free legal consultation with a car accidents lawyer serving Valley Stream, call 631-203-1691
Common Causes of Car Collisions
The factors that can cause or contribute to a car collision are often described as driver-related issues, vehicle issues, and environmental factors. For example, driving while distracted or drowsy and speeding are examples of driver-related collision factors. They are all examples of negligence as well. If negligence was involved in your collision, you may be able to sue the negligent party that caused your crash.
Vehicle issues include poor maintenance, worn brakes, malfunctioning brake lights, tire blowouts, and parts breakdowns. If a vehicle was poorly serviced or maintained, the party responsible for that maintenance issue could be liable for your collision.
As for environmental factors, slick or slippery surfaces, inclement weather, poor lighting, damaged roads, malfunctioning or missing traffic control devices, and dangerous curves can all lead to a crash.
Determining how your crash was caused is important. You may be able to sue for compensation if you can prove that the actions of another party harmed you to the extent that you suffered significant injuries and losses.
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Losses and Damages
Bodily injuries could represent the greatest loss after a vehicle collision. Physical injuries that car collision victims often suffer from include:
- Traumatic brain injury
- Spinal cord Injury
- Neck and back injuries
- Broken, fractured, or crushed bones
- Lacerations and abrasions
- Contusions and bruising
- Internal organ damage
- Facial injuries and disfigurement
- Eye, ear, or dental injuries
Other common losses seen in car collisions include:
- Vehicle repair costs
- Lost income
- Inability to be gainfully employed
- Medical care costs
- Pain, suffering, and mental anguish
- Incidental crash-related expenses
Some of these losses are categorized as economic losses. These are often easy to quantify with a dollar value. From the list above, vehicle repair costs, lost income, and medical treatment expenses are examples of economic losses. Lawsuits for such losses aim to compensate the victim and bring them back to the physical and financial state they enjoyed before the collision.
Non-economic losses can be difficult to quantify. They include intangible losses such as emotional distress, pain, suffering, anxiety, and post-traumatic stress disorder (PTSD).
To seek compensation for non-economic losses, you will need to pursue a case against the negligent third party. Basic no-fault insurance coverage does not include compensation for losses such as pain and suffering, for instance.
Rosenberg & Gluck, L.L.P. can assist you with these steps. Give us a call today at (516) 451-7900. Our car accident lawyers serving Valley Stream can review your case and gather the evidence needed to file a lawsuit if your collision warrants such action.
Liability and Fault
New York requires no-fault insurance. You may be able to file a lawsuit to recover collision-related losses such as pain and suffering and other losses that are not covered by basic insurance. Since the costs of a car collision can run into tens of thousands of dollars based on the severity of your injuries and the extent of other collision-related losses, you may wish to seek compensation via a third-party claim.
To do so, as mentioned above, you must first identify the at-fault party. The following are examples of who might be at fault for crashes that occur under different circumstances:
- If driver negligence such as intoxicated driving, speeding, or driving while distracted led to a collision, the driver may be at fault.
- If road damage or traffic control device issues led to a collision, a town or municipality may be at fault.
- If vehicle issues such as worn brakes, blown tires, or loose cargo cause a collision, the driver, a maintenance team, a cargo team, or a trucking company may be at fault.
- A truck company can also be at fault for overworking its drivers and for collisions caused by poor hiring practices, poor driver training, or poor driver screening.
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Filing a Lawsuit
To file a lawsuit, you must:
- Identify the at-fault party
- Gather evidence to prove fault
- Gather evidence to prove your losses
- Quantify your losses
- File a claim within the statutes of limitations
As mentioned above, at-fault parties are often another vehicle driver, a town or municipality, or a cargo team. Vehicle manufacturers and trucking companies can also be at fault for a collision if vehicle design defects or dangerous trucking operations caused your collision.
You generally have three years within which to file a lawsuit for personal injuries after a car collision, according to New York Civil Practice Law & Rules (CVP) §214. However, certain exceptions may shorten this deadline, such as if you are suing a town, other municipality, or governmental entity. We recommend getting started on your case as soon as possible after a collision to keep your legal options open. A lawyer can ensure that you meet all necessary deadlines for your case.
We are just a call away. Call Rosenberg & Gluck, L.L.P. at (516) 451-7900. Our car accident lawyers serving Valley Stream can help you identify the at-fault party, gather evidence, and quantify your losses. Do not hesitate to reach out to us today.