Mount Vernon is a city in Westchester County, often called the Jewel of New York. It is a popular suburb outside of New York City and, like any suburban city, has its fair share of motor vehicle accidents. When you are involved in a crash, it can feel like your world is being turned upside down. Dealing with injuries and mounting expenses only adds to the stress. If you recently suffered an injury in a crash, contact our Mount Vernon, NY car accident lawyer to evaluate your case and advise you on your legal options.
Common Causes of Car Accidents in New York Suburbs
Many circumstances can cause a car accident, but crashes often result from someone’s negligent actions. While the possible causes of a motor vehicle accident are endless, there are a handful that we routinely see. Some common causes include:
- Poor road conditions, such as untreated potholes and uneven pavement;
- Driver negligence, including driving while intoxicated, texting while driving, or any distracted driving;
- Aggressive driving;
- Mechanical failures such as brake failures;
- Manufacturing defects;
- Failing to service and maintain the car adequately; and
- Disobeying traffic signs and signals like running a red light or stop sign.
In some cases, it is immediately clear what and who caused the accident, but other times, only a thorough investigation can conclude what caused the crash. A Mount Vernon car accident attorney can help steer you in the right direction and begin an investigation immediately.
Common Car Wreck Injuries
Just as the causes of car crashes are infinite, so are the potential injuries. However, certain injuries are often the result of car wrecks. Typical car accident injuries include the following:
- Seatbelt and airbag burns,
- Scrapes and cuts,
- Contusions,
- Fractures,
- Whiplash and other neck injuries,
- Back injuries,
- Soft tissue injuries,
- Spinal cord injuries,
- Traumatic brain injuries,
- Paralysis,
- Burns,
- Amputations, and
- Death.
The type of crash can also influence the kind of injuries. For instance, a rear-end crash is likely to cause whiplash or other neck injuries from the sharp and forceful impact from behind. On the other hand, a head-on collision may result in significant facial, head, and brain injuries. Some car accident victims will be lucky to walk away with only minor scrapes and bruises, while others may suffer severe and permanent injuries.
No matter the extent of your injuries, you should always seek a medical evaluation. It is common for the adrenaline and shock of the crash to mask any pain you might feel. Injuries can also manifest over the hours or days following an accident. Even if you initially believed you were unharmed, if you begin to feel pain, you should seek immediate medical attention. A Mount Vernon accident lawyer can guide you in the right direction if you are still trying to figure out what to do next.
Damages are Available in a Motor Vehicle Accident Lawsuit
Accident victims usually ask our Mount Vernon accident attorney what compensation someone can expect from a lawsuit. Even though this is perhaps the most common question we hear, it is nevertheless essential. If your case is successful, whether through a fair settlement or a jury award, you may receive significant compensation for your injury.
You are generally entitled to compensatory damages, which compensate an accident victim for financial, physical, and mental harm. These include:
- Past and future medical expenses,
- Lost wages,
- Lost anticipated earnings,
- Cost of vehicle repairment or replacement,
- Home modifications,
- Pain and suffering,
- Loss of consortium, and
- Loss of enjoyment of life.
In a wrongful death lawsuit, the surviving family members may also be entitled to end-of-life and funeral expenses as well as compensation for loss of companionship, inheritance, and familial guidance. Our Mount Vernon auto accident lawyer will evaluate your case and discuss in detail what you might be able to expect from your claim.
How to Prove Damages in a Car Accident Lawsuit
As the plaintiff-victim, you have the burden of proving your case. In other words, you must prove that the defendant’s negligence caused your injury and suffering. To do this, you need to have reliable, credible evidence such as:
- Medical records and bills,
- Copy of the accident or police report,
- Photos of the accident scene,
- Eyewitness statements,
- Video and traffic camera surveillance,
- Accident recreation technology, and
- Expert reports and testimony.
Do not worry if you read this list and think to yourself that you do not have most, if not all, of this information. Our Mount Vernon car accident attorney has the resources to assist you with gathering all of the evidence you might need.
New York Laws to Be Aware Of
Each state has specific laws regarding filing car accident lawsuits and the ability of accident victims to recover damages. New York is no different.
Pure Comparative Negligence State
New York follows a pure comparative negligence standard, which means a plaintiff can recover damages in a personal injury lawsuit even if they are partially at fault for the accident. The percentage of their fault will reduce their recoverable damages. For instance, if the jury awards the plaintiff $500,000 but finds them to be 20% at fault for the crash, their award will be reduced by $100,000. Notably, in New York, plaintiffs can recover damages if they are deemed more at fault than the defendant.
Statute of Limitations
A statute of limitations is the amount of time a plaintiff has to initiate legal proceedings. In New York, a car accident victim typically has three years from the accident date to file a civil lawsuit for damages. However, many exceptions to the general rule can alter the deadline for initiating a lawsuit. For instance, if the accident victim is a minor, the statute is generally tolled until their 18th birthday. Meeting with a Mount Vernon car wreck lawyer as soon as possible is imperative to preserve your rights.
Mount Vernon Motor Vehicle Accident Attorney
At Greenspan & Greenspan Injury Lawyers, we have a long history of success obtaining six and seven-figure settlements for our clients. We focus on having a complete understanding of your case in order to achieve the best possible outcome. From handling insurance companies to the courtroom, we will work tirelessly to help you secure the compensation you deserve. If you suffered an injury in a car crash in or around Mount Vernon, New York, contact our car accident lawyers in Mount Vernon, NY today for a free case evaluation.