Car Accident

If you have been in a Bronx car accident that was not your fault, then you are entitled to legally seek compensation for all of the damages that you have suffered.  This can be accomplished through a personal injury claim directly with the insurance company or through a lawsuit in the New York courts. A Bronx car accident attorney is crucial to help you receive the amount that you deserve. The car accident attorneys at Jesse Minc Personal Injury Law are here to help.

Car accident cases can be challenging. It can be frustrating to realize that no matter how clear it is that the other driver caused the accident, their insurance company will still try to limit your settlement and pay you as little as possible. While no amount of money will ever undo the impacts of your accident, you do not need to take on the financial burdens caused by someone else’s dangerous, reckless, or negligent behavior. 

Filing an insurance claim may seem like a simple process, but the reality is that the claims adjuster is working for the insurance company.  At the end of the day, it is their job to save their company as much money as possible. Car accidents happen in New York all the time, and the insurance companies have spent decades developing strategies to settle claims for far less than what the victim deserves.  Your case will be no different. This is why hiring a car accident lawyer is one of the most important steps that you can take early in this process.

Contact Jesse Minc Personal Injury Law For a Free Consultation With Car Accident Lawyers – NYC 

Maybe people mistakenly think they can’t afford a personal injury attorney and attempt to go through the claims process on their own.  When you are being represented by a car accident lawyer, NYC insurance companies will know that you are serious about receiving the money that you deserve, and not just what they want to pay.  Don’t put yourself in a position to settle a claim that is lower than what you are entitled to. Jesse Minc is a proven advocate that will devote whatever time is necessary to obtain maximum compensation for his clients.  

During our free consultation, we will be able to go through the specific details of your car accident, the serious injuries sustained, and the possible legal strategies..Jesse Minc has a proven track record, recovering tens of millions of dollars for injured New Yorkers. You can feel rest assured that he has the knowledge, experience, and resources to bring your case to its most successful outcome. 

Knowing that there is someone fighting for your rights after your Bronx car accident can give you the emotional space necessary to focus on your recovery without the additional burdens of legal stress. Contact us as soon as possible so that we focus on the legal remedies for your injuries and give you the peace of mind that you deserve.

What To Do After a Bronx Car Accident

If you have been hurt in an accident, it can be easy to ignore the pain of an injury while your body is full of adrenaline and panic. People often try to downplay the extent of their injury at the scene of a car accident because they are scared and confused, but the reality is that your top priority after a car accident is your health. The following steps are meant to provide you with a guideline on how to handle the aftermath of accidents, but depending on the specifics of your situation you will need to respond accordingly. 

Take a Moment and Check Your Injuries

Make sure that you take a moment to assess any injury that you have sustained, and try to get an understanding of the situation before exiting your vehicle. You will need to decide whether it is safe to remain in the vehicle, get out of the car and get to the side of the road, move your vehicle, or do nothing and wait for the first responders to arrive. Regardless, it is important that you take a moment after your Bronx car accident to take stock of the situation and try to take a measured approach to what happens next. 

After accidents, remember that your top priority should be your own health. Do not feel obligated to ignore an injury so that you can get out and exchange information or take control of the situation. 

Call 911

911

If you are able to, contact 911 yourself so that you can provide relevant information about the car accident to the dispatcher. They are trained to gather information about car accidents while alerting the authorities such as New York City police, fire, and EMTs. So taking time to speak with the operator may be helpful in that you are providing relevant information. Additionally, it can be calming and reassuring to speak with someone who can help you stay calm as you wait for the authorities to arrive at the scene of the crash. 

Sometimes accident victims are discouraged by the at-fault driver to call 911, and to simply exchange information and insurance coverage. Any New York Car accident lawyer will advise you that is not the best idea. Calling 911 is necessary to protect your own best interests. Calling 911 will establish official documentation that there was a car accident.  Furthermore, it will provide additional eyewitnesses and official documentation. Otherwise, the at-fault driver’s story may change as soon as you leave the scene, and it may turn into your word against theirs while trying to get the compensation that you rightfully deserve.

Get Checked By EMTs

Getting medical attention after a car accident is important for many reasons.  First, the EMTs will evaluate you and determine if there is any serious injury.  It is important to realize that even if you feel fine after an auto accident, you may have sustained an internal injury but not know it without getting checked. Secondly, the EMTs who treat you will be able to provide official medical documentation directly after the accident.  

It is important not to panic about the future medical expenses. Focus on you and your recovery. Your Bronx car accident lawyer will help you recover compensation for your medical expenses and lost wages.

Receiving medical attention is an extremely important first step that any car accident lawyer in NYC will encourage a victim to take. Whether or not you take an ambulance to the emergency room, seeing a medical professional will give a baseline understanding of each injury, in addition to establishing a record of every personal injury, which will be extremely important during your claims process.

Provide Some Information To Police

After a New York City or Bronx car accident, the responding police officers will do a preliminary investigation and complete accident reports. The auto accident report attempts to establish the basic facts and includes pertinent information. Accident reports contain information about the victims, the drivers, any passengers, and any eyewitnesses in order to gather evidence about the cause of the accident and who is the at-fault driver. 

The accident report is a valuable document in a personal injury case.  If you are involved in a car crash, it is important that you tell the responding officer about the behaviors that the other driver was engaging in to cause your collision.

What not to do after an auto accident

It is important to try to stay calm after an incident.  Many car accident victims are in a state of shock or anger and end up saying or doing something that they later regret.  Avoid making statements that could implicate yourself in the accident, such as things that you could have done to avoid the accident (such as swerving, braking faster, etc.) Also, even though it may seem like a simple and polite gesture, NEVER apologize to anyone at the scene of the accident because the insurance company will try to use this statement against you as proof that you were admitting to some degree of fault. 

Get Follow-up Medical Attention

Doctor

If you were in a New York auto accident that was not your fault, it is your legal right to seek compensation from the wrongful party.  However, to recover compensation, you will need to establish that the accident was the cause of your severe injuries.  As such, you will need medical records and documentation of the injuries and suffering that the accident caused.  

If you take an ambulance from the accident scene to the ER, then this decision to receive medical attention will be made for you. However, if you leave the scene of your Bronx car accident on your own, you will need to schedule an appointment with your primary care physician immediately. There is the obvious benefit that each injury will be cared for by a medical professional, but there is the additional benefit that you are establishing documentation for each injury sustained in your car accident case.   

When handling New York City accidents, insurance companies will refuse to pay for injuries that do not have clear documentation proving their extent. Bronx car accident attorneys will encourage you to see a doctor as often as is necessary to track the progress of your injuries and provide more proof for the settlement negotiations. Additionally, be sure to follow your doctor’s advice and treatment plan.  Most serious injuries will also require extensive physical therapy. Remember that your medical bills will be included in the settlement amount. 

Hire a Bronx Car Accident Attorney

Car accidents are complicated, and the claims process is oftentimes messy – especially if you have serious injuries. Starting from the moment that the insurance company becomes aware of any car accidents that their clients are responsible for, they spring into action to identify every possible way to limit the amount of money they pay in settlement. Remember that determining fault in accidents is only the first step, and even if it is completely clear who caused the crash, the insurance company will attempt to find any possible reason to limit the final amount that they pay. 

Hiring a Bronx car accident lawyer with a history of success fighting for clients after car accidents is the best step that you can take early into the process. If they initiate the claim and handle all communications on your behalf, you can focus on your physical and mental health.  Accidents are painful and emotionally and psychologically taxing, and offloading as much stress as possible to a lawyer will have major benefits for your recovery. Your car accident attorney will take on the stress of the case, so you don’t have to worry about anything but recovering from your injuries

The Anatomy of a Bronx Car and Truck Accident Case

One Way sign

If you or a loved one suffer the tragedy of being injured in a car or truck accident, securing fair compensation requires top representation, as the road to financial recovery under New York law is difficult. Bronx car accident lawyers can help correctly evaluate your case and provide you with the advice and counsel necessary to ensure that you leave nothing on the table. Knowledge of the process through which the injured must navigate is key, and mistakes can cost you and your family the ability to be made whole. That is why you should accept nothing short of the best personal injury lawyers to represent you and your family.

The law that governs Bronx car and truck accidents is known as the New York Vehicle and Traffic Law (the “VTL”). The VTL prescribes the rules of the road that car and truck drivers, bicyclists, and pedestrians must follow when on Bronx roads. 

Although most people believe that they know the rules of the road, when bringing a lawsuit, you must be aware of how judges, juries, insurance companies, and defense lawyers will twist the laws to try to deny you fair compensation when you are injured. Top Bronx car and truck accident lawyers like those on my team have assembled countless winning strategies for our clients despite this complexity. There is no substitute for experience: we will educate you and your family about how the VTL applies to your case so you can better understand your rights.

As an example, imagine a situation where you or a loved one are involved in an accident. You are driving north down St. Ann’s Avenue intending to continue through the intersection with East 156th Street. When you are approximately 150 feet from the intersection, you see a truck stopped on St. Ann’s with its left turn signal on, intending to make a left onto East 156th Street. When you first see the truck, it has not started to turn left, and you both have a green light. You continue towards the intersection, but as you come within 50 feet of it, the truck suddenly starts its turn, and you are unable to stop before colliding directly with the front of the truck that, by this time, has crossed into your lane attempting to turn left. Who is responsible? The answer is not as obvious as it might seem.

There are two main sections of the VTL with which an accident lawyer will have to contend in this situation if you are to win your case:

  • Under VTL § 1141, you must show that the truck failed to yield the right of way to you and that you were close enough to the intersection so as to pose an “immediate hazard” to the truck as it turned across the intersection. Remember: If the truck driver can prove that you were far enough away from the intersection given the traffic conditions (speed of traffic, speed limits, the volume of traffic, etc.) at the time so that you did not constitute an immediate hazard, he will not be liable for making a left turn in front of you.
  • Under VTL § 1180, you must also show that you were driving at a speed that was reasonable and prudent given the conditions on the road, and specifically that your speed was reasonable and prudent given the actual hazards (the left-turning truck) that were reasonably apparent at the time. Remember: If the truck driver can prove that you should have seen him making a left turn in front of you and that you were simply going too fast to take account of this and slow down to avoid the accident, he will not be liable for making a left turn in front of you.

As you can see, even in this simple case, pitfalls exist, and a failure to take account of them throughout a case can turn a winning case into a devastating loss with no compensation after accidents. Our team of expert Bronx car and truck accident lawyers understand these pitfalls and will prepare your case to ensure that you have the best chance of proving the facts necessary to win your case. We will question the defendants early on in the case to make sure that they cannot escape liability for your injuries.

Common Causes of Car Accidents

Unfortunately, the statistics show that Bronx car accidents are not uncommon. In fact, motor vehicle accidents are the number one leading cause of injury-related death in New York state.  The truth is that usually these auto accidents could have been avoided. The most common causes of New York motor vehicle accidents include:

Distracted Driving

Distracted driving accidents occur when the driver is not doing their duty to pay attention to the road.  The most common type of distracted driving is when people are on their phone; either texting, talking, or surfing the web.  This is illegal under New York State law, whether a car crash happened or not.  Other distracted driving examples include; eating, talking, playing with the radio, looking at the mirror, or being distracted by passengers.  

Drunk Driving or Driving under the Influence

Unfortunately, despite the fact that everyone knows the danger of drunk driving, it is still a problem in our community. The New York Vehicle and Traffic Law § 1192 “Operating a motor vehicle while under the influence of alcohol or drugs” states that no person is allowed to operate a motor vehicle if they are impaired by alcohol or drugs. A person could be found guilty of drunk driving if their blood alcohol concentration, or BAC level is higher than  .08%.  Drug impairment includes not just illicit or legal drugs, but also prescription drugs.  If  you are expecting to go out and drink, it is wise to plan ahead and have a designated driver, or to call a taxi or uber in order to avoid any possible problem or harm to the public.  Bronx car accident lawyers are well versed in the New York drunk driving laws.  You should seek consultation if  you have been charged with driving while under the influence of alcohol or drugs.

Drunk Driving Fatalities
Source: https://www.autoinsuranceez.com/drunk-driving-worst-counties/

Sleeping at the Wheel

Sleeping, or “drowsy driving” occurs when the driver is too tired to effectively drive their car, or when they fall asleep while driving.  Many times, a drowsy driver is driving during the night, and/or leaving after a long day at work.  In these car accident cases, it would have been prudent for the driver to have pulled over or called a taxi if they felt they were too tired to focus on the road.  

Reported Crashes
Source: https://trafficsafety.ny.gov/drowsy-driving-statistics

Types of Injuries Sustained in Car Accidents

Car accident victims can experience a wide range of debilitating and serious injuries.  Some injuries include:

Traumatic Brain Injuries

A Traumatic brain injury,  or TBI, is a serious injury that can impair your brain and cognitive function.  It is commonly caused by a blunt force trauma to the head.  A concussion is one  example of a TBI.  Any traumatic brain injury will require advanced medical care and treatment.  

Neck Injuries

Neck injuries, such as whiplash, are common injuries that can be  caused by a sudden impact of a car accident.  Neck injuries could require treatment such as surgery, medication, physical therapy, and chiropractic care.

Spinal cord injuries

A traumatic spinal cord injury can occur in a car accident where a person had a sudden blunt force to their spinal cord region.  Often very painful, a person can suffer from limitations walking and doing everyday tasks. The most severe spinal injuries could involve paraplegia or other debilitating disability.  

Broken Bones

Fractures and broken bones are very common injuries from car accidents. They require medical care and might involve a person taking time off from work and needing compensation for lost wages.

Pain and suffering

The trauma and pain from a car accident can negatively impact victims long after the car crash.   If you are still feeling pain and suffering from your accident, you should consider seeking the advice of a Bronx car accident attorney.  

Frequently Asked Questions

What is my case worth? How long will my case take to conclude? 

Every personal injury case is unique. Compensation will be determined on a case-by-case basis. The amount will certainly take into account the type of injury, the severity of injury, pain and suffering, cost of medical bills, and lost wages.  A Bronx personal injury lawyer can help you determine what would be a reasonable and fair amount based on your situation.  

What happens if I was in an auto accident but the driver did not own the car’s owner?

New York state follows the Permissive Use Doctrine in regard to accidents by drivers who are not owners of the car they are driving. This means that the car’s real owner, even if they are not the at fault driver, iis vicariously liable for the negligence of anyone driving the car with their permission.

What is a Wrongful death lawsuit?

A wrongful death lawsuit is a civil claim that is filed by the survivors of a deceased person who died as a result of a wrongful or negligent act of another. A survivor is qualified to pursue a wrongful death suit  if the deceased person would have been able to file a personal injury claim if they were still alive.  

Receive a free car New York accident attorney consultation

Contact a Bronx car accident lawyer today If you or your loved one has been seriously injured in a car accident that was someone else’s fault. Jesse Minc Personal Injury Law has an established record of attentive care and proven results.  There is no fee unless you win, and we work hard to get you the amount you deserve.