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:
  1. 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.
  2. The duty is breached. If a driver runs a red light or if they are texting and driving, the legal duty is breached.
  3. 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.
  4. 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

In New York, you only have three years from the day that the car accident occurred to file a lawsuit. Time is of the essence and getting an investigation underway as soon as possible is always best.  The longer the time period between the accident and when an investigation begins, memories fade and evidence can be lost.

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:
  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • 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.

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 includes, distracted driving, 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) 368-7168.

Helping Injury Victims Get the
Compensation They Deserve

When you’re injured in an accident, it can be hard to know where to turn. You need someone who doesn’t just know the law. You need a lawyer who will fight for you to recover the compensation that you need and deserve. For over 35 years, we have represented accident victims and their families to help them maximize their recoveries.

Call an Attorney
uploadmagnifiercrossmenuchevron-up linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram