Injured in a Car Accident?
Get More With Injured 914
Over $100 Million Recovered For Injury Victims
No Fee Unless We Win
100% Free Consultation
We’ll Come to You
Why So Many Turn to Injured 914
We grew up here and work here. We raised families here and live in the same communities from which the jury will be selected. Our offices are close by or we will come to you. We practice regularly in the State and Federal courts in White Plains, and appear frequently before the judges here. If you’ve been in a car accident, call Injured 914 to speak with an attorney who can get you the compensation you deserve.
White Plains Car Accident Lawyers
What To Do If You Are Injured In A Car Accident in White Plains, NY
After a car accident, it can be difficult to know where to turn. If you were injured, you need to seek medical treatment immediately. Under New York State Vehicle and Traffic Law, you are required to file an accident report if there is property damage of more than $1000.
The law requires you to notify the police immediately if anyone is injured or killed in the accident. All drivers and law enforcement must then file an accident report with the Department of Motor Vehicles. If there are injuries, the police can help to get emergency medical treatment to the scene.
In some cases, the full extent of your injuries may not be apparent until hours or even days after the accident. Your body may be in a state of shock from the traumatic event. It is imperative to be seen by a medical professional and continue treatment until released by a doctor.
When you are able, you need to call an experienced attorney. Even if you are partially at-fault, you may still be able to collect. It is not your job to determine liability, our White Plains car accident lawyers will conduct an independent, thorough investigation to determine your legal options. The sooner you contact our attorneys, the sooner we can help you get the recovery you deserve.
Car Accidents and Negligence in NY
In New York, negligence is the central theory behind car accidents and whether someone can sue another person in court because of their injuries.
Negligence has four elements:
- A duty is owed. When someone drives a car, they have a legal duty to drive in a safe manner. For instance, drivers have a duty to pay attention to the road, not to exceed the speed limit, and to stop at red lights.
- The duty is breached. If a driver runs a red light or if they are texting and driving, the legal duty is breached.
- There must be actual damages. In the instance of someone running a red light or texting and driving, at least one other party must have actual damages. The driver must have caused property damage or injured someone. If running the red light caused the driver to hit a car who was legally in the intersection, the damage to the car and injuries to the person or persons in the other car would be actual damages.
- Damages must be caused by the breach of duty. This is known as “proximate cause.” If the driver of either car had a broken arm before the accident, then the accident didn’t cause the broken arm (although it could have made it worse). If that accident caused a broken jaw, that would be a case of proximate cause.
Protect Your Right to Sue
It is critically important that you not sign anything or submit to the insurance company’s demands before speaking to an attorney. To learn more about whether you would benefit from filing a lawsuit because of your car accident, call the car accident lawyers at our firm today.
What Car Accident Injuries Can I Receive Compensation For?
While car accidents can result in only minor injuries, many are severe or catastrophic. Catastrophic injuries are debilitating, making it difficult for a person to return to gainful employment or a normal life. In order to obtain compensation for “non-economic loss,” meaning pain and suffering, a person must show that they had a serious injury.
New York law defines serious injury as personal injury resulting in:
- Significant disfigurement
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- significant or permanent limitation of a body function or system
- an injury or impairment lasting for 90 out of 180 days immediately following the incident (90/180 rule)
If you suffered a serious injury following a car accident, you would likely be able to recover more than basic economic loss. Our White Plains car accident lawyers can help prove the severity of your injuries, ensuring you get the maximum recovery allowed by law.
Rollover Accident Settlement
This recovery was for the estate of a 17 year old young man who died in a vehicle rollover where he was a passenger. Due to the fact that the 17 year old was a student with no earning history, New York law would have severely limited the recovery, but we were able to have the case decided in Connecticut where the estate could recover damages for “loss of enjoyment of life.”
Car Accident Settlement Package
This client’s car was destroyed in a horrific car accident that took place on the northbound Palisades Interstate Parkway while on her way home from work, when a car in the next lane drifted into her lane causing her to hit a tree head on. She suffered serious, disfiguring, and debilitating injuries as a result requiring multiple surgeries and months of rehabilitation.
Car Accident Trial
A retiree from Putnam County was a passenger in a vehicle that was struck from the side by an inattentive driver coming out of a gas station. She sustained a shoulder injury and had difficulty with the activities of daily living. At a jury trial on this matter, where the jury rejected the defendant’s contention that the injury was the result of a degenerate condition, the jury awarded our client $400,000.
Common Causes of White Plains Auto Accidents
According to the New York Department of Health, there is an average of 12,000 hospitalizations each year due to traffic-related injuries. Over 100,000 New Yorkers require a trip to the emergency department due to unintentional motor vehicle-traffic related injuries and tragically, more than 1,000 die in auto-related accidents on average each year. Many of these accidents are preventable, caused by inattention or negligence.
According to the National Highway Traffic Safety Administration, some common causes of car accidents includ, distracted drivin, driving while intoxicated, excessive speed, driver inattention, aggressive driving and mechanical failure.
Depending on the circumstances of the accident, you might be entitled to compensation. Recoverable damages can include current and future medical costs, lost wages, property damage, pain and suffering, and more.
Injured in a Car Accident? Contact Injured 914 Today!
Contact Injured 914 today to determine what losses are recoverable and how to get the largest settlement or verdict possible in your White Plains car accident claim. Call today at (914) 873-1404.
Car Accident FAQs
What should I do first if I am involved in an auto accident?
If you or someone else is injured in a car accident, the first thing you should do is seek medical attention. Even if you do not believe the injuries are severe, you should always be treated by a doctor. Immediately following a collision, you may be in shock and unable to determine the full extent of your injuries. Seeking medical attention ensures that any underlying injuries are treated and begins a record of the medical expenses related to your case.
Once the police arrive, they will begin interviewing any parties or witnesses to the accident. The officer will then make a report. In addition to obtaining the officer’s accident report, you should also write down the events that occurred before, during, and after the incident. You will also want to obtain witness information to provide to your attorney.
Finally, you need to call a knowledgeable White Plains car accident lawyer from our firm regarding your case. At Injured 914, we can help you get the maximum recovery available in your case. It is important to call as soon as possible to get your case started.
Do I need an attorney after a car accident?
Yes. It is highly recommended to seek legal representation following a car accident. An experienced attorney can help you obtain the money necessary to cover all of your losses related to the accident. An insurance company may offer you a settlement far less than what your case is worth. By hiring an attorney, you can ensure that you are getting the best possible outcome in your case.
What if I am partially at fault for the accident?
In New York, under Section 1411 of the Civil Practice Law & Rules, you may still have a claim for damages even if you are partially responsible for the accident. The law allows for compensation, even if it is shown that there was contributory negligence. Under this theory, the proportion of your recovery would be diminished by the amount of your “culpable conduct.”
Even if you believe that you were partially at fault, you will not be barred from recovery. It is essential to discuss your case with an attorney. It is not your responsibility to determine liability, and you should never make any statements to other parties or the insurance company regarding whether you were at fault.
Should I accept a settlement from the insurance company?
No. You should never accept a settlement from an insurance company without first having your case reviewed by an experienced car accident attorney. An insurance company may try to get you to settle quickly for the least amount of money possible.
How much does it cost to hire an attorney?
At Injured 914, we handle cases on a contingency fee basis, meaning you pay nothing unless we win. When you contact our office, you will speak directly with a White Plains car accident lawyer. All consultations are 100% free, so you pay nothing out of pocket. All fees are paid through an agreed-upon portion of the settlement or verdict received on your case.
How long do I have to file a claim?
Pursuant to Section 214 of the Civil Practice Law & Rules, you have three years to bring a claim for personal injury and injury to property.
What can I get compensation for if I am injured in a car wreck?
Depending on the circumstances of your case, you may be entitled to compensation for current and future medical bills, lost wages, and pain and suffering. While New York is a “no-fault” state, you still have a right to sue if you sustained serious injuries. You should always have your case reviewed by a knowledgeable attorney to determine whether you have a valid legal claim and what damages you are entitled to seek.