If you live or work in Brooklyn, you know how challenging it can be to drive safely in a densely populated city. According to the New York Police Department (NYPD), car accidents in Brooklyn are especially common at intersections. In June 2020, local police responded to more than 400 crashes at Brooklyn intersections alone. While many of these car accidents involved only minor fender-benders and no injuries, dozens more resulted in serious injuries or wrongful death. Despite New York's no-fault auto insurance law, you have the legal right to pursue a personal injury lawsuit in certain situations.
A settlement received from the other party's insurance company is rarely enough to cover medical bills and other expenses after sustaining serious injuries in a car accident. For this reason, New York law allows injured people to pursue a lawsuit if they meet one of these definitions of serious injury:
We invite you to contact a personal injury attorney at Raphaelson & Levine to schedule a free consultation if you feel you meet one of these definitions. You may reach our law office based in New York City at 212-268-3222. We encourage you to meet with a personal injury lawyer even if you're not confident that you have the right to sue under New York's no-fault laws. Your car accident lawyer will evaluate your situation based on your first-hand account and medical records to determine if you should move forward with a personal injury lawsuit.
The Statute of Limitations in New York provides people with serious injuries three years from the date of the accident to initiate a personal injury claim. This is true even if your own actions partially contributed to the car accident. Few exceptions exist to this rule, so don't hesitate to start the process today by scheduling your free consultation with Raphaelson & Levine.
Negligence is a broad category that describes a driver's failure to attend to driving tasks in a reasonably safe manner. It can also explain the actions of other parties, such as auto manufacturing companies. Below are some of the most common forms of negligence or error that lead to car accidents in Brooklyn.
Sometimes the driver who caused a car accident did everything right, but the vehicle had unknown manufacturing defects. It is more common for a manufacturing defect to create serious injuries to both parties than either would have sustained otherwise. However, some issues are significant enough to cause the car to malfunction and crash. Brake failure, mechanical failure, and tire blowout are just three common examples.
This type of car accident can be challenging to litigate because more than one party may be responsible for causing it. The good news is that our car accident lawyers have decades of experience researching car accidents with multiple parties involved. One of the first things your personal injury attorney will do upon accepting your case is determining fault and serving the responsible parties with your lawsuit. You are always welcome to schedule an appointment with our law office at 212-268-3222, even if you cannot identify all parties that caused your serious injuries.
The National Highway Safety Administration (NHSA) offers the following description of distracted driving:
According to the Governor's Traffic Safety Committee, distracted driving is the leading cause of car accidents in the New York City area. Texting or talking on a smartphone are common, as are inserting a compact disc into a player, eating, applying make-up, and operating a GPS navigation system while driving. The committee conducted a study of crashes in 2017 that indicated 80 percent of all drivers had looked away from the road ahead in the seconds before the crash.
Despite Governor Andrew Cuomo's Operation Hang Up initiative that provided additional checkpoints and authorized police officers to stop more drivers using a phone, many drivers still attempt to text or talk with a handheld device. Sadly, drivers turning their attention elsewhere for even a few seconds can cause serious injuries or wrongful death from the resulting crash.
Drivers are responsible for ensuring that their vehicles are in good working order before driving on Brooklyn streets. This applies to people driving for business or personal reasons. It is a good sign for your case if a driver causes a car accident, and your Raphaelson & Levine personal injury lawyer can prove negligent attention to maintenance or timely repairs. Should your case go before a jury, the members consider whether a reasonable person should have known the car needed maintenance or repair if the defendant claims not to know that it did.
Negligent road design by city or county employees is another instance when the driver who caused the car accident may not be entirely at fault. You may also hear this referred to as a roadway defect personal injury case. The argument with this auto accident type is that the agency charged with road safety designed the road so poorly that it caused the crash. Poor design also includes inadequate traffic control or road construction projects that put the public at risk.
A personal injury claim stemming from negligent road design typically means you must sue the government. Our law firm understands that taking on the government to pursue compensation is overwhelming for most accident victims. Our motor vehicle accident lawyers have been through the process many times before and do not intimidate easily. The rules for filing suit are different from a government entity, which we will explain at your free consultation. Please call our law firm at 212-268-3222 to reserve your case review.
As car accident lawyers with years of experience, we have found that four types of car accidents listed below are the most common.
Striking another vehicle from behind is the most common type of car accident in Brooklyn. This can happen when the leading car brakes suddenly without warning or the driver of the trailing vehicle fails to pay attention and crashes into the other car. Drivers who make a habit of tailgating could also find themselves in a rear-end collision type of car accident.
Of all types of car accidents, head-on collisions can cause serious injuries or wrongful death. Head-on collisions occur when one driver crosses the centerline or drives the wrong way down a highway, striking another vehicle at high speeds. Obstructions in the road or animals attempting to cross are also common causes of head-on car accidents.
These car accidents, also known as a T-bone, happen when one vehicle strikes the side of another vehicle with high force. The likelihood of serious injury depends on the speed of the driver who caused the car accident and strength of impact. Sideswipe car accidents can cause significant property damage and personal injury when the force of the crash removes one of the vehicle's doors.
This type of car accident is most common when one driver tries to make a lane change and crashes into the side of another vehicle. The two cars can be traveling in the opposite or same direction. Sideswipe car accidents happen most often due to drivers not checking their blind spots. A driver might also drift into another lane without signaling or just fail to pay attention carefully enough when changing lanes.
After you meet with our personal injury law firm for your free consultation and decide to retain our legal representation, the next step is for your car accident lawyer to begin investigating your claim. You can help this part of your personal injury claim go faster by bringing these items to your first appointment:
Your car accident attorney will complete the following during the investigation phase of your personal injury lawsuit:
Next, your Brooklyn car accident attorney attempts to negotiate a settlement with the insurance company for the at-fault party. The defendant's personal injury attorney receives a letter that outlines how the accident occurred describes your serious injuries, and demands maximum compensation for your financial losses and pain and suffering. The insurance company’s agent can accept, reject, or request further negotiation upon receiving your auto accident attorney's letter. If negotiations break down, your personal injury claim will advance to a court trial.
Upon successful settlement of your lawsuit, you could receive compensation for medical bills, lost wages, property damage, pain and suffering, mental anguish, and other categories. Our law firm collects no fees until your personal injury lawyer settles your claim successfully. Your legal fees come directly from the maximum compensation we recover on your behalf.
In addition to Brooklyn and New York City, Raphaelson & Levine serves people with serious injuries in the Bronx, Queens, Manhattan, Staten Island, and surrounding Burroughs. Some of the most common serious injuries we see are brain injury, whiplash, neck injury, broken bones, and paralysis, among many others. You have suffered due to another driver's negligence long enough. While you could still have a long road of recovery ahead of you, we can at least help you pursue fair compensation for your serious injuries. Please contact our law offices at 212-268-3222 to reserve a time for your free consultation today. Our entire team looks forward to working with you.