Queens Car Accident Lawyer
Car Accidents in New York City
If you or someone you love has been seriously injured in a car accident in or around New York City, it is important to obtain the advice and help of an experienced personal injury attorney. At The Cassisi Law Firm, our Queens car accident attorneys have over three decades of experience helping personal injury victims obtain the damages to which they are legally entitled from individuals and businesses that have injured them through negligence.
If you have suffered a serious injury in a car accident, contact The Cassisi Law Firm for a free consultation to find out how we may be able to assist you.
New York Car Accident Statistics
There are over nine million cars registered in New York State and over 11 million individuals with New York drivers’ licenses. With numbers that high, it should come as no surprise that car accidents are a common occurrence in the state of New York, especially in the densely populated areas of Queens, New York City, the Bronx, and Brooklyn. The unfortunate reality is that almost everyone at one time or another in their lives either has been or will be involved in a car accident.
Statistics tabulated by the New York State Department of Motor Vehicles indicate that there were over half a million vehicle crashes in 2012, resulting in over 169,000 personal injuries and 1,163 fatalities. That’s one death from a vehicle accident every eight hours.
Overall, more than 10% of all New York vehicle crashes result in moderate to serious personal injury or death to a driver or another vehicle occupant, and well over half of all crashes result in property damage.
Common Causes of Car Accidents
Why do all these car accidents happen? Unsurprisingly, most car crashes can be attributed to negligence. Far too many drivers are careless, reckless, or inexperienced, resulting in avoidable mistakes and devastating accidents.
Some of the most common causes of car accidents include:
- Distracted driving
- Drunk driving
- Fatigued driving
- Failure to yield
- Unsafe passing/merging
- Traffic violations
- Aggressive/reckless driving
- Road rage
Traffic accidents can also result from outside factors, such as defective vehicles or auto parts, poor weather conditions, defective roadways and traffic control devices, and more.
What Are “Serious” Injuries?
In New York, you can only recover compensation for pain and suffering after a car accident if you go outside of the no-fault system and sue the at-fault driver directly. To do so, you will have to prove that your injuries are “serious.”
New York defines “serious” injuries as:
- Broken bones/fractures
- Significant disfigurement
- Significant bodily function/system limitation
- Permanent bodily organ/member limitation
- Substantial total disability for 90 or more days
Our attorneys can evaluate your medical records and utilize other applicable evidence to help establish that your injuries were “serious” and, as such, that you are entitled to compensation for non-economic damages and other losses.
Contact Us Today for a Free Consultation
If you have been in a car accident and suffered an injury, or someone you love has been injured or killed in a vehicle accident, contact The Cassisi Law Firm to learn how we can help. Let us use our know-how to do the legal work necessary to protect your interests while you concentrate on recovering from your ordeal.
We serve clients throughout the greater New York City area, including in Queens, Brooklyn, the Bronx, Nassau, and Suffolk. Our team can travel to you if your injuries prevent you from coming to our office. We provide legal services in English, Spanish, and Italian, and there are no attorneys’ fees unless we recover a settlement or verdict in your favor.
Suing for Negligence After an Auto Accident
Car accidents occur from a variety of causes, but all too often, they are caused by someone else’s negligence. Negligence is a specific type of civil tort.
To show negligence, a plaintiff—that is, the person who is injured—must prove that:
- The negligent party owed a duty of care to the plaintiff
- The negligent party breached that duty
- The breach caused an injury
- The plaintiff suffered damages
In the context of car accidents, a duty of care is owed by drivers to all other users of the road—whether other motorists, pedestrians, motorcyclists, or bicyclists. That duty consists of using the degree of care that any ordinary and prudent driver would use under the circumstances. At a minimum, this means following all traffic laws and rules of the road, but it can require more; for example, if there is a dense fog, a prudent driver will drive even slower than the posted speed limit.
Whether the breach of duty is speeding, driving while intoxicated, ignoring a stop sign, or any other malfeasance or omission, any driver who breaches this duty of care and thereby causes an accident can be held financially liable for any injury or damage they cause.
Damages in Car Accident Claims
If you have suffered an injury in a car accident as the result of a negligent driver, obtaining the advice of a qualified and experienced lawyer in a timely manner may be critical, especially when an injury is serious.
You may legally be entitled to compensation for:
- Pain and suffering
- Medical costs
- Lost income
- Loss of future earnings
- Loss of consortium
- Any other available damages
Because New York is a no-fault state, you will most likely file a claim with your own insurance provider. To recover no-fault benefits, you do not need to prove that the other driver was at fault for the accident. However, recoverable benefits are generally limited to medical expenses and lost income/wages. If you wish to go outside the no-fault system and sue the at-fault driver for additional damages, including pain and suffering, you will need to prove that your injuries were “serious,” as defined by New York law.
Our firm handles all aspects of personal injury, and we encourage you to explore the ways in which we can help protect your rights and get you the compensation you deserve.