New York Auto Accident Lawyers
Auto Accident Lawyers
New York Auto Accident Lawyers
According to the National Highway Traffic Safety Administration (NHTSA)’s early estimate of traffic fatalities in the United States in 2021, there were almost 43,000 deaths caused by auto accidents. That is an increase of 10.5% from the previous year and does not include injuries from car accidents.
Car accident victims vary greatly and are not limited to age, gender, or other classification. An auto accident can happen to anyone at any time and in any location throughout the country. Those injured in an automobile accident caused by another driver’s negligence, recklessness, or carelessness deserve to fight for compensation for their serious injuries and losses.
At the Law Offices of Michael Alan Siddons in New York, our injury lawyers are here to ensure that anyone who sustains injuries caused by a negligent driver can fight for justice and fair compensation. Car accident attorneys have the experience, skills, and training to investigate the car accident case, gather evidence, obtain critical documents such as medical records and police reports, and build a strong case against the at-fault driver.
Types of Auto Accidents
Car accidents happen in many different ways, and the exact circumstances of one auto accident will be as unique as those involved. There are, though, some common types of auto accidents and these include:
Head-on collisions
Rear-end collisions
Side-impact crashes/T-bone accidents
Hitting a parked vehicle
Rollovers
Auto accidents can occur in many ways and for countless reasons. When the primary cause is a negligent or reckless driver, that person should be held responsible for the injuries and losses they cause to the injury victims. Some of the most common reasons that a car accident may occur include:
Reckless driving
Speeding
Drunk driving
Unsafe driving maneuvers such as changing lanes
Tailgating
Failing to obey traffic lights or signs
Failing to yield or give right of way to another driver
Distracted driving
Illegal turns
Failing to drive cautiously in inclement weather
Poor maintenance or auto defects
Whatever the reason for the car accident, those injured victims must enlist the legal help and representation of an auto accident attorney in New York, to fight for the compensation they deserve.
Rideshare Auto Accidents
Uber, Lyft, and other ridesharing apps have made public transportation affordable and convenient. 36 percent of Americans using ridesharing apps instead of car rental. Over 2.4 million Uber and Lyft drivers were actively using US roads. This exponential growth in the rideshare industry has also led to an influx in road accidents by 3 percent. Learn more about what you need to do if you were involved in an accident in an Uber or Lyft by clicking here!
New York’s Serious Injury Threshold: What It Means for Your Case
Suppose you or a loved one sustained injuries in an auto accident caused by the negligence or recklessness of another driver. In that case, you may be eligible to fight for a car accident settlement from the other driver’s insurance company. Contact a car accident lawyer at the Law Offices of Michael Alan Siddons to learn more.
In New York, the state’s no-fault auto insurance system requires that most accident victims first file claims with their own Personal Injury Protection (PIP) insurance to cover medical bills, lost wages, and other economic losses up to certain limits. But when you want to pursue a personal injury lawsuit against an at-fault driver for damages such as pain and suffering, the law imposes a strict serious injury threshold. Only individuals who have suffered a “serious injury” as defined by New York Insurance Law §5102(d) are permitted to step outside the no-fault system and pursue a full negligence claim.
Under this statute, a “serious injury” includes clearly defined severe harms such as:
- Death
- Dismemberment
- Significant disfigurement
- Fractured bones
- Loss of a fetus
- Permanent loss of use or substantial limitation of bodily functions or systems
90/180-Day Rule
The 90/180-day rule is a critical part of New York’s serious injury definition and often determines whether less obvious injuries can qualify. This rule applies when a medically documented injury or impairment prevents you from performing substantially all of your usual daily activities for at least 90 days during the 180 days immediately following the accident.
What this means in practice is that even if your injuries are temporary you may still qualify for a lawsuit if your medical records show you were substantially limited for the required amount of time. Courts interpret “substantially all” to mean that your daily routine was greatly curtailed for at least three months out of the first six months after the crash.
Successfully proving a serious injury under this rule often depends on objective medical evidence including physician notes, diagnostic testing, treatment records, and disability documentation that clearly link your limitations to the accident and show how your condition affected your everyday life
Why the Serious Injury Threshold Matters
Meeting the serious injury threshold is often the gateway to full compensation in New York. If your injuries do not meet this definition, your recovery may be limited to no-fault benefits like medical expenses and a portion of your lost wages, but you may not recover non-economic damages such as pain and suffering, emotional distress, or loss of enjoyment of life.
This legal requirement makes effective documentation and legal strategy essential. Insurance companies frequently challenge serious injury claims by arguing that the injuries weren’t serious enough or that medical evidence is insufficient. Having an experienced New York personal injury attorney on your side increases your chances of presenting strong, persuasive proof that your injuries qualify.
How Can an Experienced Auto Accident Attorney Benefit You?
If you have been injured in an auto accident and the primary cause of the collision was the negligence or careless behavior of another driver, you may be able to file a personal injury lawsuit against the driver and his insurance company.
While you may be able to handle the case independently, it is not advisable. To ensure that you have the greatest possible chance of obtaining the maximum compensation you are due for your injuries, consider enlisting the help of a skilled personal injury attorney such as ours at the Law Offices of Michael Alan Siddons.
Because your attorney will be well-versed in personal injury law and how to build the strongest possible case based on the other driver’s negligence as the cause of your accident, you have a great chance to obtain compensation. Our injury attorneys in New York will investigate the situation thoroughly, gather much-needed evidence (police report of the car crash, medical reports, eyewitness statements), and work diligently to demonstrate why you deserve justice and compensation.
Our legal team will advise you of your legal rights as a victim and show you that you do not have to figure out how to pay for unexpected medical bills or work around lost wages on your own. With a personal injury claim, you can focus on the healing process while we hold the responsible party’s insurance company liable for your car accident injuries.
Contact Our Law Firm for Legal Representation for Your Auto Accident Claim
If you or a loved one has sustained injuries in an automobile accident caused by another driver’s reckless behavior, you may be able to recover compensation for those injuries. Contact the Law Offices of Michael Alan Siddons to discuss your situation at our free consultation. We are here to fight for your rights and work to hold the responsible parties accountable for their actions.
Furthermore, we understand the financial strain that can result from such accidents. In this regard, our approach includes a 25% Contingency Fee (No Trial). It’s worth noting that for cases where your personal injury claim is resolved without necessitating a trial, we offer a remarkably competitive attorney’s fee of 25% of the awarded amount, in addition to attorney costs. This fee structure is designed with your best interests in mind, ensuring that a significant portion of your rightful compensation remains with you. This financial support can go a long way in covering medical expenses, lost wages, and other financial burdens stemming from the accident.
Call now to schedule your free case review!