Car Accident Lawyer White Plains, NY
A car accident lawyer in White Plains, NY knows that there are many different causes for car accidents. A driver may be distracted because they are using their phone or they’re fiddling around with their radio. Maybe the weather conditions are bad or there is some kind of mechanical failure in the other driver’s vehicle. No matter what the reason was that caused the other driver to smash into your vehicle and injure you, you have the right under New York law to pursue a lawsuit against that driver for any damages you suffer as a result of the crash if a serious injury can be proven.
In order to prove the other driver is liable, a victim must prove four elements in their personal injury case:
- The other driver had a duty of care to injured driver and other motorists
- The other driver breached that duty of care
- That breach resulted in the crash that caused the victim to sustain a serious injury
- The victim has sustained an economic loss greater than basic economic loss as those terms are defined by New York law
Every driver has a duty of care to obey all traffic laws and drive safely. When a driver fails to obey the laws – such as texting on their cell phone instead of paying attention – that is a breach of that duty.
Breach of duty is any negligent or illegal act that a party engages in. Not only does this breach refer to other drivers, but a breach of duty can also occur when a vehicle manufacturer designs and/or produces a vehicle that has a defect or other dangerous flaw which eventually causes an accident.
A victim – usually through their White Plains, NY car accident lawyer – must show a direct link between that breach and the crash. They must also prove they have suffered damages due to their injuries. Damages can be economic, such as medical bills and loss of income, or non-economic, such as pain and suffering and scarring if they rise to the level of a serious injury.
Evidence in a Car Accident
Evidence must be presented to prove these elements. There are a variety of different types of evidence a lawyer will use to prove the other driver’s liability, including:
- Police reports from the crash site
- Skid marks at the crash site
- Debris patterns at the crash site
- Damage to vehicles
- Video footage from traffic cameras
- Video footage from security cameras on nearby buildings
- Video footage from dash cameras in vehicles
- Data recorder info
A car accident lawyer in White Plains, NY will also use both witness testimony and expert testimony to prove liability. Any witnesses who saw the crash occur are welcome to testimony in a car accident case. An attorney may also use the testimony from expert witnesses, such as a car accident reconstructionist to show the driver’s liability. The lawyer may also use the testimony of medical experts to explain the extent of the victim’s injuries and any impact those injuries will have on the victim’s future health, ability to work, and day-to-day activities.
As a car accident lawyer in White Plains, NY can tell you, navigating the claims process can be difficult and involve complicated legal hurdles. If you have been injured in a car accident in New York, it is recommended that you work with a lawyer to make sure that your claim is handled properly and submitted on time. They can give you the legal advice you need to move forward. If you are searching for a quality lawyer that you can trust, contact the law firm of Greenspan & Greenspan P.C. for urgent and reliable assistance.
Car Accident Lawyer in White Plains, NY
Helping clients with their cases since 1959, the reputable legal team at Greenspan & Greenspan P.C. understands the value of quality legal representation that results in positive outcomes. With their smart approach and thoughtful strategies, they will work to pursue the parties involved. They are committed to fighting for you so that you can recover financial compensation. They give each case the attention it deserves so that clients can secure the highest compensation amount. Contact our office to schedule an appointment today so we can learn more about your personal circumstances and explore possible next steps.
How a Lawyer Can Help You
There are many advantages to having a skilled car accident lawyer in White Plains, New York by your side as you go through the claims process. Some people may be reluctant to hire a lawyer because they think it’s unnecessary or believes that the claims process is straightforward enough to deal with on their own. However, filing a claim involves a lot of paperwork and a thorough understanding of the law. Don’t risk making crucial errors that can result in your claim getting dismissed. Here are several things a lawyer can do for you:
- Give personalized legal advice. Personal injury lawyers will listen to you and provide suggestions for the next steps you can take.
- Gather and examine information. They will collect evidence and information to build the best possible case for you.
- Communicate with parties involved. Lawyers have the negotiation skills to effectively deal with insurance companies.
- Handle your paperwork. They can help you fill out required forms and review them for errors.
- Evaluate settlement offers. A lawyer will review settlement offers extended to you to determine if they are fair.
- Represent you in court. A personal injury lawyer can represent you in court if your case goes to trial.
Request a Risk-Free Consultation
Victims who were seriously injured after being involved in a car accident should not be left to deal with the aftermath themselves. Our dedicated legal team at Greenspan & Greenspan P.C. is there for you to make the recovery process easier. Contact a trusted and experienced car accident lawyer that White Plains, NY residents look to for legal assistance.
PRESS PLAY to Sit down with Attorney Mike Greenspan and Discuss How Car Accident Cases are Valued in the State of New York:
Important Pieces of Evidence for a Car Accident Case
If you were injured in a car accident caused by another driver, you may be eligible to receive compensation. However, in order to obtain the compensation, you must show sufficient proof. Here are important pieces of evidence for a car accident case:
- Photos of the accident scene. If possible, you should take multiple photos of the car accident scene to paint a picture for the court. Take shots of all the vehicles involved in the accident, skid marks on the road, and traffic signs.
- Photos of your injuries. If you sustained visible injuries from the car accident, like bruises or cuts, you’ll want to take photos of them right away. These photos will show the court the severity of your injuries.
- Car repair records. If your vehicle was damaged during the accident, it’s important the vehicle is taken to a reputable repair facility so that a damage estimate can be prepared and a determination made that there was no mechanical defect responsible for the crash. Don’t forget to obtain car repair records from the mechanic after the fact. These records will establish that the accident wasn’t caused by a failure of your vehicle.
- Police report. It’s critical to call the police following a car accident. They will come to the scene and make a report that will include important information about the accident, such as when and where it occurred and the names of everyone involved. Obtain a copy of this report for your car accident lawyer in White Plains, NY.
- Medical records. It’s important to see a doctor promptly about your car accident injuries. He or she will diagnose your injuries and recommend the proper treatment plan. Don’t forget to get copies of your medical records.
- Cell phone records. In certain cases, it’s helpful to have the other driver’s cell phone records. If he or she was talking on the phone or responding to a text when the accident occurred, it could establish negligence.
- Witness testimony. Were there other people present when the car accident occurred? If so, you should not hesitate to get their names and contact information. They may be able to verify your account of what happened and strengthen your claim.
- Video footage. Although it can be difficult to obtain, video footage is one of the best pieces of evidence you can have for your car accident claim. It can establish exactly how the accident occurred. A car accident lawyer in White Plains, NY may be able to help you obtain video footage of the accident.
Buzzed Driving Accidents
We have all heard about the dangers of drunk driving, and our car accident firm has represented many victims who were seriously injured in drunk driving accidents. A driver who has a blood alcohol content (BAC) of .08 by weight by volume is presumed to be intoxicated according to New York law. This is a rebuttable presumption, however, and does not mean that someone is automatically guilty. For a driver who is operating under a commercial driver’s license (CDL), that legal limit is 0.04. Introducing evidence of alcohol consumption in personal injury cases is even more involved, and it can be very difficult for plaintiffs in a personal injury case to introduce evidence of the defendant’s intoxication at levels below .15. But what happens if a driver who causes an accident is found to have a BAC lower than the legal limit?
Lower Than the Legal Limit, But . . .
Despite not being “legally drunk,” several recent studies have concluded that no amount of alcohol is a safe amount to get behind the wheel of a vehicle. Buzzed drivers – defined as those driving with a BAC of between 0.01 to 0.07 percent – are almost twice as likely to be the at-fault driver in a car crash with a sober driver. Yet, because they are “legally sober,” a buzzed driver rarely faces the legal consequences that a drunk driver would face.
These studies have found that there is no clear, safe threshold limit of alcohol that may or may not impair a person’s ability to drive. One study even recommended that all state legislatures lower the BAC legal limit to a minimum of 0.05, which is the limit in the majority of European countries.
These studies, as well as the increase in drunk driving accidents and fatalities, have led New York lawmakers to enact a driving while ability impaired (DWAI) law. Under this law, if a driver’s BAC is between .05 and .079 percent, they are considered driving under the influence of alcohol. Penalties for a DWAI conviction can include fines and potential license suspension and jail time. A conviction does count as a drunk driving conviction and factors into any habitual offender penalties. However, unlike a DWI conviction, a DWAI conviction does not require the installation of an ignition interlock device once the driver has their license reinstated.
When To Call a Car Accident Lawyer
A motor vehicle accident can happen at any time, so it is important to be prepared. Following a car accident, you may be wondering what to do next. You may have to deal with car damage or have medical bills to pay. You also need to focus on the police report. A car accident lawyer in White Plains, NY, such as a member of Greenspan & Greenspan, PC, can help you juggle these stresses and ensure the best possible income. Here are several signs that you need to call a car accident lawyer.
You Have Suffered Injuries
If you have suffered injuries in a motor vehicle accident, you need to see a doctor as quickly as possible. That way, you can start the treatment process as soon as possible. Then, you should reach out to a car accident lawyer who can review your case. If the accident is not your fault, then you should not have to pay for your medical expenses on your own. A car accident lawyer can take a look at your injuries and see if you are entitled to compensation.
You Believe the Accident Is Not Your Fault
If you have been blamed for an accident that you do not believe is your fault, then you need a car accident lawyer to investigate the circumstances of the collision on your behalf. It is entirely possible that the fault for the accident has been misplaced. There are a lot of factors involved in the process of determining liability for a motor vehicle accident. A car accident lawyer in White Plains, NY can help navigate this for you.
You Need To Call the Insurance Company
If you need to call the insurance company, you should not do so without having a lawyer by your side. There is a lot of jargon involved in car accident law. You do not want to say something that could compromise your rights. A car accident attorney can take a look at the offer from the insurance company and make sure that your interests are being protected.
Call a Car Accident Lawyer
These are just a few examples of the numerous situations that you should call a car accident lawyer. Following a motor vehicle accident, you should see a doctor as soon as possible. Then, do not forget to reach out to a car accident lawyer in White Plains, NY, such as an attorney from Greenspan & Greenspan, PC, for help. This is not something you need to go through alone.
Answers to FAQs When You’ve Been in a Car Accident
When you’re involved in a car accident, it’s important that you say and do the right things, but in that moment of crisis, you may find it difficult to focus. Use answers to FAQs from an experienced car accident lawyer in White Plains, NY, such as Greenspan & Greenspan, PC, so that you’re better prepared.
What should I do first after the accident?
Your first step is to call the police, particularly if there was a lot of damage to either vehicle or if there are any serious injuries. The second step is determining whether anyone was injured. As soon as you get off the phone with the police, and if it is safe to exit your vehicle, check on the other driver, passengers, and bystanders. If there are injuries, call an ambulance.
Should I share any information?
Once the officers arrive, you’ll complete an official report. When speaking to the police, provide facts, but do not admit fault. In fact, be careful what you say to the other drivers, passengers, and any witnesses because what you say could be construed as an admission of fault.
However, you and the other driver are legally required to exchange some details:
- Contact information
- Driver’s license numbers
- Car insurance information
It may also be helpful to gather contact information from witnesses. Other than this, it’s best to keep the rest of your conversations to a minimum.
What evidence do I need for my insurance company?
Get the names, phone numbers, and license plate numbers of the other drivers. Make a note of the vehicles’ make, model, year, and color. You may also need the VIN from the other vehicles. Take pictures of your vehicle and the other involved automobiles. Get pictures of any physical injuries and any evidence of weather and road conditions. You should also ask for a copy of the police report.
Will the insurance company compensate me fairly?
Be aware that auto claims cases are often long and drawn out. In most cases, the insurance company’s goal is to pay out as little as possible. Be careful not to make any statements that make you appear negligent or at fault. Don’t downplay your injuries and don’t sign a release for your medical information.
Instead, contact a car accident legal firm, such as Greenspan & Greenspan, PC, before submitting a claim. Save copies of the police report, your medical bills, and other relevant paperwork, such as auto repair receipts.
Call Our Office Today
If you were injured in a car accident caused by a buzzed driver, contact a car accident lawyer in White Plains, NY attorney to find out what legal recourse you may have against the at-fault driver. Your attorney will discuss what damages can be claimed, how much a claim may be worth, and other questions you may have. Keep in mind we do not guarantee recovery or awards for your case.
Common Driver Distractions That Lead to Car Accidents
Drivers should have their entire focus on the road ahead at all times. Unfortunately, however, it is easy for motorists to get distracted these days when they are behind the wheel. Distracted driving is one of the most common causes of car accidents in the United States. Here are some common distractions that can result in car accidents.
- Using a smartphone. With so many people glued to their smartphones these days, it’s easy to see why a smartphone is one of the most common driver distractions. Even when behind the wheel, some people can’t let go of their phones. They may talk on the phone, read a text message or do a Google search. Unfortunately, using a smartphone takes a driver’s eyes and attention off the road ahead.
- Talking to passengers. It is not unusual for drivers to talk to passengers to pass the time. It may even seem pretty harmless. However, if drivers get completely lost in the conversation they are having with a passenger, it can take their focus off the road. They may be so deep in conversation that they don’t notice hazards on the road.
- Eating or drinking. If you are like many people, you have probably eaten something or sipped on a beverage while behind the wheel. Sometimes you are in a hurry to get somewhere and have to resort to eating while driving. Unfortunately, however, doing this forces you to take at least one hand off the wheel, which can increase the risk of an accident.
- Reaching for objects. How many times have you reached for your smartphone, pen or other object while behind the wheel? While many drivers have done this, it is not very safe. If you reach around for items in your vehicle, you will have to take your hands off the wheel and your eyes off the road.
4 Ways Road Rage Can Cause A Car Accident
Road rage typically occurs when people are frustrated and stressed to the point they perform extreme or illegal actions while on the road. Due to these reckless actions, a car accident can happen without warning.
People with road rage who try to overtake other cars or show off while driving can potentially cause someone to need a car accident lawyer in White Plains, NY. Whenever a driver is trying to go faster than another person or catch up to another vehicle, he or she may lose control of the steering wheel and end up crashing into another car.
Traveling over the speed limit is a serious concern for other people trying to stay safe on the road.
2. Ignoring Road Signs
Driving past stop signs or red lights without stopping can cause a multi-car accident. If someone with road rage is determined to tailgate another car, then he or she may break ignore one or more road signs and accidentally cause a crash.
Hiring a car accident lawyer in White Plains, NY, such as Greenspan & Greenspan, PC, may help you in the event of a crash. In some extreme cases, an angry driver may even exit the vehicle and attempt to harm you with a weapon or other item once you are stopped.
3. Cutting Others Off
Pulling out in front of another car without signaling or giving any indication of a turn is often a move that people with road rage attempt to do in order to annoy another driver. Not only is this dangerous for the passengers in the other car, but it also puts any vehicle around them in danger as well.
Trying to deal with the situation can feel overwhelming in the moment. A car accident lawyer in White Plains, NY may be able to answer questions you have if someone cuts you off and crashes into you.
4. Blocking Other Cars From Merging
An angry driver attempting to block a car from merging in a lane may lead to a pileup or a serious crash. Slowing down and speeding up just enough to not leave space for someone to merge will cause a panic.
Talking to a car accident lawyer in White Plains, NY like Greenspan & Greenspan, PC may help you understand what steps to take after this kind of accident. This kind of driving may appear harmless at first, but its consequences can cause major health problems and injuries.
Proving a Distracted Drivers’ Negligence
If you have been hurt in a car accident caused by a suspected distracted driver, it’s important to consult a car accident lawyer in White Plains, NY. He or she can help you gather evidence that demonstrates the driver was distracted at the time of the accident. For instance, your lawyer may obtain cell phone records to see if the driver was using a smartphone before the accident occurred.