NYC Car Accident Lawyer

New York City is known for many things, including its back-to-back traffic jams. Given the vast number of drivers who hit the streets, it’s no wonder that car accidents are a daily occurrence. When an auto accident occurs, each party is responsible for stopping and exchanging information while waiting for law enforcement to arrive and make an accident report. 

If you have been in a car accident and have suffered injuries, you may be entitled to financial compensation. Contact our car accident lawyers at Isaacson, Schiowitz & Korson, LLP, right away.

rear-end car crach between yellow and red cars

 When Should You Get a Lawyer for a Car Accident in New York?

If you are living, working, or visiting New York City regularly, you must know how bad traffic there is. Although car accidents may seem routine in Manhattan, a severe crash can bring considerable consequences to you and your loved one. If you or a family member has been involved in a car accident, you may be eligible to seek compensation for the damages and losses you have suffered. However, it’s vital to get legal help immediately after a car accident.

If you want to file a personal injury lawsuit, you must be aware of the statute of limitations. Suppose you’re suing the state of New York; then you only have two years to file your personal injury claim. If you want to sue another driver, you have three years to file your claim. That’s why the sooner you contact a car accident attorney, the better. 

Collisions are nothing to sneeze at. Victims can easily suffer from severe and even life-changing injuries, including lacerations, broken bones, head injuries, and even paralyzation. These victims are entitled to fair and just monetary compensation, including fees the accident has caused them. 

However, it can be challenging to obtain this compensation without having a New York City car accident lawyer by your side. Insurers will challenge you to minimize the seriousness of your pain and suffering to reduce the amount they owe you. They will try to low-ball you and even avoid paying your rightful compensation. Insurers will question who was responsible for the car accident, even if it is evident that you are the victim. They will also try to downplay the severity of your injuries and even question them.

Hiring a Car Accident Attorney in New York

At Isaacson, Schiowitz & Korson, LLP, our personal injury lawyers have years of experience handling complicated car accident cases. We understand what you are up against and what it takes to win. Our personal injury lawyers are ready to do everything it takes to obtain the maximum compensation available for your personal injury case.

Our attorneys will:

  • Provide guidance throughout this challenging time and help you every step of the way
  • Go over your case with you and start our own investigation
  • Examine the circumstances surrounding your car accident
  • Gather compelling evidence, including crash reports, videos, pictures, medical records, and witness statements, to determine who is at fault
  • Communicate and negotiate with insurance companies
  • Speak with accident experts to go over your accident
  • Help you file a personal injury lawsuit

We will never allow insurance companies to bully you into accepting an undervalued or denied claim. If necessary, we are more than ready to take your case to court before a judge and jury. Most insurers do not want to go in front of a jury. As long as you have an experienced New York car accident lawyer on your side, they will reconsider trying to offer anything less than a just settlement.

U.S. motor vehicle crash deaths infographic

How Long Does a Car Accident Lawsuit Take in NY?

Depending on the circumstances of your car accident, a personal injury case the New York City may take anywhere between 4 months to 3 years to settle. There is enough to investigate each party involved, and if you have been severely injured, the settlement process can take much longer. 

Several factors can affect the duration of your car accident claim, such as: initiating your personal injury case, the discovery process (police and medical reports, security footage, company emails, court motions, negotiating a settlement, going to trial, and appealing the verdict. Separately, the circumstances of your case, the amount of compensation, the nature and extent of injuries, and the court caseload can determine the timeline of your personal injury case. 

While insurance companies are looking to get a quick resolution of your personal injury case, they offer low settlements compared to what you really deserve. At Isaacson, Schiowitz & Korson, LLP, we keep your long-term interest in mind while ensuring the case is moving quickly. If you are keen to settle your case as soon as possible, your case can reach a faster resolution. However, you should expect a lower settlement. We advise you to hold out longer so that you can end up getting a more considerable financial amount. Call our experienced law firm at 212-267-6557 to schedule a free consultation.

New York City Car Accident Statistics

With 6 million car accidents happening across the United States yearly, many occur right here in New York City. According to the New York State Department of Health, there are almost 1,000 deaths yearly due to unintentional motor vehicle traffic-related injuries. This means auto accidents kill 5.6 of every 100,000 New Yorkers. Moreover, there are 12,093 hospitalizations each year, with 61.5 of every 100,000 New Yorkers being hospitalized. 

It was in 2020 when car accidents declined by 46% to 110,834 compared to 206,754 in 2019. When it comes to fatal pedestrian accidents, two boroughs in NYC lead the way. Brooklyn and Queens had 35 pedestrian deaths in 2018, while the Bronx and Manhattan have been a little safer, reporting 15 and 17 fatal pedestrian crashes. According to the NYPD monthly data, most car accidents happen in May, followed closely by June and October. 

Regarding fatal NYC auto accidents, Queens is home to the highest number of deathly accidents. ?Just in the year 2018 has, the borough seen 69 car accident deaths. In fact, more than half of all car accidents in New York City occur in Queens or Brooklyn. On the other hand, Staten Island accounts for the fewest car accidents every year.

The Most Common Causes of NYC Car Accidents

Regardless of the severity of a car accident, your life can be drastically changed. Whether severe or minor, car crashes can lead to pain and suffering, loss of wages, future medical expenses, or permanent disabilities. From improper passing, DUI, speeding, reckless driving, defective vehicles, or tailgating, there are various causes for car accidents.

Driving While Distracted

Driving while distracted happens when drivers take their eyes off the road, even for a second. They may also take their hands off the wheel, maybe to change the radio station or to text. Sometimes they may just be daydreaming or letting their mind wander.

Distracted driving contributes to thousands of car accidents every year in New York. In fact, distraction is a factor in nearly one out of all three motor vehicle collisions (30.4% of all accidents involve distracted driving). 

If you have suffered injuries in a car accident due to someone else’s reckless behavior, contact a personal injury law firm right away. Here at Isaacson, Schiowitz & Korson, LLP, our team of personal injury lawyers will fight aggressively to get you the compensation you deserve. When you are injured, you need to focus on your recovery and nothing else. Let us handle all the legal matters so you can return to your life and enjoy your time with your family.

percentage of drivers texting or emailing while driving infographic

Tailgating

When traffic becomes congested, it can be challenging for cars to maintain a proper distance between them. However, that is no excuse for not doing so. Tailgating or commonly known as driving too closely behind another vehicle can cause many accidents in New York. Tailgating can occur due to a lack of driving experience, a driver being in a rush, or aggressive driving. Regardless of the motif, you can file a personal injury claim to seek compensation. If you want to discuss your car accident case, please get in touch with Isaacson, Schiowitz & Korson, LLP. Our law firm will work on your behalf to gather as much evidence as possible to ensure a strong case. Talk to our car accident attorneys today to get the legal assistance you need.

Failure to Yield

If a failure to yield accident occurs, then the driver who fails to yield a sign or traffic light stops at a stop sign and ends up striking another vehicle. It can happen for a driver to yield but still fail to maintain a lookout while yielding and be responsible for the car accident. As stated by the Insurance Information Institute, 7% of all fatal car accidents in the United States have been caused by failure to yield.

Speeding

Speed is a considerable contributory factor to road traffic accidents. Precisely, more than one-third of all auto accidents are caused by speeding, killing 1,200 people and injuring over 100,000 more every year. Generally, if a car is going slowly, the chances of suffering severe injuries are about 1%. But at 50 mph, the risk increases up to 52% for serious injury. At 70 mph or more, a car accident can be fatal.

Driving Under the Influence (DUI)

The NYC Police Department has reported that about 100 traffic accidents involve drunk driving every month. On average, a quarter of these DUI accidents are fatal. Drunk drivers must be held accountable for their reckless behavior. Catastrophic accidents can result in injuries such as spinal cord injury, traumatic brain injury, coma, paralysis, surgeries, or wrongful death.

If you or someone dear has been injured in a DUI accident, contact us today! Do not let a DUI accident destroy your future.

Poor Road and Weather Conditions

Sometimes, debris or defects like potholes, sharp curves, hidden signs, or uneven roads can contribute to crashes. The NYPD publishes crash data every month for all five boroughs, including some of the most dangerous roadways in the city. For example, Hempstead Turnpike/Route 24 is known as being a combination of poor road conditions and an incredible number of speeders. Seven categories of road and weather conditions that affect the NYC traffic, including:

  • Fog
  • Precipitation
  • Air temperature and humidity
  • Wind speeds
  • Pavement conditions
  • Pavement temperature
  • Water level

If a road condition is to blame for your accident, a government agency might be held responsible. It’s usually the responsibility of either local, state, or federal authorities to design, maintain, and repair the roads on which we drive every day.

Defective Cars and Parts

There are two main categories of product liability claims that can affect manufacturers, sellers, parts producers, or automobile designers, such as defective design and defective parts. Sometimes collisions occur because of defective components, like airbags that suddenly deploy, brakes that fail, or more. If this happens, the manufacturer is responsible for the damage. If you have suffered injuries due to a defective car or part in New York City, we can help you get the compensation you deserve so that you can cover your damages. We will fight to prove liability and help you recover the financial amount you need to pay your medical bills, pain, and suffering lost wages or rehabilitation.

two men arguing after car crash

Who Is at Fault for Your Injuries?

If you have been involved in a car accident in New York City, you may be entitled to seek financial compensation. However, there are various instances that you can pursue to fight for the compensation that is rightfully yours. Once you contact our personal injury lawyers, you can rest assured that we will gather evidence, talk to witnesses, and negotiate your settlement to the maximum available.

No-Fault Laws in New York

The first place you will look at for getting compensation is the insurance company. Since New York has no-fault laws, you will have to speak with your own insurance company first, no matter if you are responsible for the crash and your injuries. 

It is essential to understand the difference between comparative fault and no-fault laws in NYC, especially if you are seeking compensation for injuries or property damage from a car accident. 

Since New York is considered a no-fault state where you must first seek compensation for medical bills and lost wages from your insurer, you must seek the services of a qualified car accident attorney to help you fight. You might be surprised to learn that even your own insurer will work against you to offer the least amount of payout that they legally can. They are not on your side!

To reach an agreeable settlement, your professional car accident lawyer in New York City will use their skills and knowledge to win you the compensation you are entitled to. If there are multiple responsible parties for the car accident, comparative fault laws can be applied to your compensation.

Comparative fault means that you can file a claim to be compensated for someone else’s negligence based on the percentage that they were at fault. 

Understandably, they may stall at writing you a check for any damages. They may fight you and minimize your payout or outright deny your claim. If you don’t fight for yourself, they may employ tactics to prevent you from receiving the money you are entitled to. 

After all, they know the process by heart, while you don’t. They would rather deal with you since you don’t have the knowledge and resources to fight back. Having a skilled car accident lawyer in NYC levels the playing field. At Isaacson, Schiowitz & Korson, LLP, we know the challenges that you will face. We have fought insurers for years. Contact us right away so we can do everything we can to force them to play by the rules and write a check for the money you deserve.

Our New York City Car Accident Lawyer Will Identify Who Is Responsible

If you have extensive injuries and property damage, your accident may cost more than your insurer is willing to pay. If this is the case, you may want to file a lawsuit against the at-fault party or parties. 

You can file an injury lawsuit against any persons who contributed to the collision and caused your injuries, including:

  • The driver of another motor vehicle
  • The driver of your car while you were a passenger
  • Truck drivers and the companies they work for
  • Bicyclists
  • Motorcyclists
  • Bus drivers
  • Pedestrians
  • Transit companies
  • Mechanics
  • Manufacturers
  • New York City Transit Authority
  • Uber or Lyft drivers
  • Taxi drivers

The only way to determine who is at fault for your collision is by conducting a thorough investigation. At Isaacson, Schiowitz & Korson, LLP, our car accident lawyers in New York will investigate your claim and invest the resources necessary to do so.

Can You Recover Compensation if You Are Partly to Blame?

NYC uses a comparative negligence system. Simply put, if you are partly to blame for an accident, you can still recover compensation for accident-related injuries and damage as long as you’re not entirely at fault. 

Someone else must share some responsibility for the accident, even if it is just one percent. Your damages in an accident are reduced in direct proportion to your degree of fault. So, if you are 40 percent at fault for the collision, your damages are reduced by 40 percent. 

Any involved parties and their insurers will most likely attempt to shift as much blame to you as they can. If you don’t fight them, their efforts might hinder the compensation you deserve.

car crash between to man

For starters, please keep in mind that driving without insurance in New York City is illegal. The state requires three types of auto insurance:

  • Liability insurance that pays for injuries or damages caused by the driver
  • Personal injury protection (PIP) mostly pays for medical expenses, lost earnings, or expenses that are related to your injuries
  • Uninsured motorist coverage protects you if you have been involved in a car accident with someone without insurance

Your uninsured motorist coverage will cover you, anyone in your house, and anyone in your car at the time of the accident with an uninsured driver. The insurance also applies to hit-and-runs accidents, where you cannot check the insurance information of the other driver. NYC requires an uninsured motorist coverage for bodily damage, but if you want, you can add coverage for your car or property. However, expect some extra premium payments.

To use your uninsured motorist coverage, you need to start by notifying your insurer about your car accident. Then file a personal injury claim. The insurance adjuster will ask for more documentation and information such as medical bills. The downside of this insurance is that you may get compensation up to the limit of your insurance policy, which is the same as your minimum bodily injury limit, $25,000 for your injuries, and $50,000 for death.

If you are involved in a car accident and the other driver doesn’t have insurance, you may face extra complications. So, it gets more critical to seek help from a car accident lawyer if your uninsured motorist coverage won’t cover your damages. If you have been in an accident without insurance and it wasn’t your fault, our lawyers can help you estimate the future medical costs related to your injuries. This step is vital to ensure that you’re receiving the compensation you deserve and that accounts for future medical care or lost income.

What Should You Do After a Car Accident in New York City?

A car accident can be overwhelming and traumatizing. You may get scared and unaware of how to handle the situation. Under New York State law, specific actions should occur. Insurance companies can and have the right to reject your claim if specific steps are not taken following an accident. Any person involved in a car accident must stop at the accident scene. If possible, try to move your car to the side of the road to prevent further injury. 

If the car accident has resulted in injuries or property damage, it’s mandatory to contact the police. Require medical attention if you or anyone else is hurt. Exchange insurance information with the other drivers involved,  and collect their name, address, phone number, driver’s license number, insurance company, policy number, and license plate number.

Try to gather evidence. Take photos and videos of the accident scene, your injuries, or road signs. If you notice any witnesses attending your car accident, try to get their phone numbers and addresses. You can also point them out to the officers once they arrive. Then contact your insurance company as soon as possible and let them know about the accident. If you don’t contact your insurance company at the absolute earliest convenience, they have the right to refuse coverage.

Seek legal help from an experienced car accident attorney at Isaacson, Schiowitz & Korson, LLP.  A personal injury attorney will discuss your situation and ensure to build a strong case. Contact us today to schedule a free consultation.

What Damages Are Available if You’re Injured in a Collision?

Typically you can file for economic and non-economic damages. In severe cases, you can also receive punitive damages.

Economic Damages

Economic damages are meant to compensate for any financial losses and expenses related to the wreck, including:

  • Medical payments: This includes ambulance transport, diagnostic tests, medication, surgery, physical therapy, and stays in the hospital
  • Wrongful death
  • Future medical expenses: this includes medical equipment, in-home care, follow-up care
  • Nursing care
  • Rehabilitation and therapy
  • Lost wages
  • Lost future earning capacity
  • Temporary or permanent disability
  • Damaged property

Non-Economic Damages

Not all injuries have a predetermined financial value. You can undergo excruciating pain and suffering and emotional trauma that is not quantifiable. Your quality of life and happiness might be severely reduced, and you could face significant limitations in how you can live your life. 

These setbacks are no less severe than physical trauma. Non-economic damages can include:

  • Pain and suffering
  • Depression
  • PTSD
  • Emotional distress
  • Anxiety
  • Scarring
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of consortium
  • Loss of quality of life

NYC does not have a cap on non-economic settlements, but they are closely associated with economic damages.

What Are Punitive Damages?

In a genuinely devastating car accident, punitive damages would be awarded to punish the at-fault party for particularly reprehensible conduct. These are relatively rare and are only reserved for scenarios when they are truly warranted. 

As the victim, you must be able to prove that the defendant acted with willful or wanton negligence beyond mere carelessness.

Determining How Much Your Claim Is Worth

An unexpected car accident can easily have a devastating impact on your financial situation and overall quality of life. You may be able to recover compensation for pain and suffering, lost wages, and more. 

At Isaacson, Schiowitz & Korson, LLP, we can help you determine how much your claim is worth by evaluating your case. Some things we will keep in mind when considering valuation include:

  • The severity of your injuries
  • Whether or not you require a hospital stay or surgery
  • Whether you need physical therapy or rehabilitation
  • Whether you were prevented from working again, and for how long
  • Whether your injuries prevent you from earning a living
  • If your quality of life has been reduced because of your injuries
  • If you require assistance to do basic tasks like bathing, eating, and getting dressed
  • If you were paralyzed
  • If you were disfigured
  • If you were affected mentally or emotionally
  • If you develop depression or anxiety
  • If your vehicle was damaged in the crash

Our NYC personal injury law firm will work with professional accident experts to help determine the value of your case. We will evaluate the details of your claim and what it is worth.

We Handle Motor Vehicle Accident Claims in NYC

At Schiowitz & Korson, LLP, we speak for clients who have been injured in:

Never hesitate to call our knowledgeable car accident attorneys to find out your legal options after a collision in NYC.

We handle cases where clients have suffered the following car accident injuries:

Contact Your Car Accident Attorneys in NYC Today

Have you or someone you love recently been in a car wreck in NYC? Contact Isaacson, Schiowitz & Korson, LLP right away for legal advice and assistance. You may be entitled to compensation for your medical bills, lost wages, pain and suffering, or wrongful death. Our expert auto accident lawyers will fight hard to secure you fair compensation. 

Here at Isaacson, Schiowitz & Korson, LLP, we can handle cases such as nursing home abuse, slip, and fall, injury on premises, medical malpractice, motorcycle accidents, truck accidents, bus accidents, police abuse, or construction injury. Regardless of your case, we are here to help you. Call us today for a free consultation.