Personal injury attorneys in New York predominantly handle auto accident claims. For example, suppose you suffered an injury or lost a loved one due to someone’s negligent driving. In that case, lawyers for vehicle accidents can help you navigate the legal system and recover the losses you incurred while holding the at-fault driver liable for their actions. Consider what a personal injury lawyer does, the cases they handle, and how they can benefit your claim.
What Type of Law Do Lawyers for Vehicle Accidents Practice?
Vehicle accident lawyers practice personal injury law, also known as tort law. These cases are civil matters governed by state-mandated laws. Most auto accident lawyers work on a contingency fee basis because their clients often face devastating financial burdens while healing from physical injuries with heavy emotional consequences. They offer compassion and professionalism, taking over as the legal representative of their clients, protecting their rights and handling all communications with the insurance companies.
Personal injury law offers an avenue to recover the losses you incur from incidents involving another party’s negligence or malicious intent, and auto accident cases are the most common complaints presented in civil court. However, with the help of a vehicle accident lawyer, your case will likely settle without ever seeing the inside of a courtroom because an experienced attorney will use their legal knowledge to build a case meeting the burden of proof and listing all the damages available for recovery.
What Cases Do Lawyers for Vehicle Accidents Handle?
“Auto accident” is a broad characterization. There are many categories, and within those categories is the possibility of unique circumstances for every case. Consider some of the most common claims car accident attorneys see and what can make them challenging, especially for someone without experience in personal injury law.
Single and Multi-Vehicle Collisions
Collisions involving a single vehicle are not always the driver’s fault. For example, if you hit debris while driving on the highway that fell off the truck in front of you and crashed into the median, the truck driver would be liable for your damages. If a hazardous pothole causes you to lose control and crash, you might be able to hold the agency responsible for maintaining safe road conditions accountable for damages.
Multi-vehicle accidents can range from two vehicles colliding to a multi-car pileup, and the more vehicles involved, the more complex they can become. Accidents involving three or more cars can be challenging when determining liability, but an experienced attorney knows where to look for evidence of traffic violations and negligence.
Motorcycle Accidents
Motorcycle accidents commonly have high states. Lawyers for vehicle accidents often deal with riders who suffered devastating injuries and families grieving the loss of a loved one. Motorcyclists abide by many of the same traffic laws as other motorists but also have laws unique to them. Understanding these laws is critical to building a solid case where people desperately need help.
Position-Based Accidents
Because fault is essential in accidents involving severe injuries, the position of the vehicles at impact is a critical factor to consider. Some common types of auto accidents defined by vehicle position include the following:
- Rear-end collisions are nearly always the rear driver’s fault, and the driver in front can suffer severe injuries.
- Head-on collisions are often severe, mainly when the accident occurs at high speed.
- Sideswipe accidents occur when vehicles collide while driving parallel. Common causes are improper lane changes and poor merging at on-ramps.
- T-bone accidents occur when one car drives head-on into the side of another. Either driver can be at fault, but these most commonly occur when someone runs a stop sign or red light.
Lawyers for vehicle accidents see each of these cases regularly. As a result, they can quickly assess who is liable and gather the supportive evidence needed.
Pedestrian and Cyclist Accidents
Pedestrians and bicyclists are vulnerable to auto accidents, so cases involving these parties require careful consideration. They often suffer severe injuries and need a fast and fair settlement to cover related expenses. They are also commonly struck in hit-and-run accidents, making legal representation even more critical in their pursuit of compensation.
Commercial Vehicle Accidents
Commercial vehicle accidents, or truck accidents, are most destructive when they involve standard passenger vehicles. They can cause excessive damage, leaving victims with substantial financial, emotional and physical burdens. Additionally, liability is sometimes complex because multiple parties, many of whom are not present when the crash occurs, can be liable for damages.
For example, if a large truck rolls over on a sharp turn, crashing into other vehicles, the driver could be liable if speeding. However, the party responsible for loading the truck could be liable for poorly securing it, causing the trailer’s center of gravity to shift. The trucking company could also be liable for incentivizing the driver to speed. Lawyers for vehicle accidents often face large corporations challenging their clients in these cases.
Can New York’s No-Fault Auto Insurance Policy Affect Your Claim?
Some auto accident cases can resolve without the fault-based system. This is because New York is a no-fault auto accident state. Before a licensed driver can operate a vehicle, they must purchase personal injury protection insurance. If you, any of your passengers or a pedestrian suffer injuries, state law mandates that everyone involved must file a claim with their own insurer through the PIP policy. It covers:
- All medical expenses deemed reasonable and necessary
- Up to $2,000 a month for three years or 80% of your lost monthly income
- $25 per day for a year to cover replacement expenses, such as help around the home or transportation to doctor visits
- A death benefit of $2,000 to the estate of anyone who died in the accident
The problem with PIP coverage is that it often is not enough to cover all expenses in cases involving severe injuries. For that reason, New York allows victims with bone fractures, significant disfigurement, substantial disability or limited use of a body organ, member, function or system to bypass the no-fault system and file a fault-based claim.
What Can Lawyers for Vehicle Accidents Do To Improve Your Claim?
When you hire an attorney to handle your car accident case, they take over all the tasks you would need to do to build your case. For example, they negotiate with the insurance company, investigate your accident, assemble evidence to support your claim and prepare your demand letter. They also handle all the overwhelming administrative work, completing and filing paperwork and ensuring you meet all the legal requirements. In addition, they guide you through the process, providing protection of your rights and helping you understand your options. Most importantly, they identify and value every potentially recoverable damage to ensure you receive adequate compensation.
When Should You Contact Lawyers for Vehicle Accidents?
Choosing the right team of lawyers for vehicle accidents is one of the most important decisions you will make. Auto accident victims face life-changing financial, emotional and physical circumstances, and having experienced legal representation can mean the difference between prolonged financial struggles and restoration. At Cellino Law, we have decades of experience helping accident victims in New York get the compensation they need and deserve, obtaining millions in recoveries for clients. Contact us at (888) 888-8888 today for your free case evaluation and speak with a qualified attorney.