White Plains Car Accident Lawyers
White Plains Car Accident Lawyer: Compassionate Legal Support When You Need It Most
There are many different causes of car accidents in the White Plains area. 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 personal injury lawsuit against that driver for any damages you suffer as a result of the crash if a serious injury can be proven.
Helping clients with their cases since 1959, our reputable legal team at Greenspan & Greenspan P.C. understands the value of quality legal representation that results in positive outcomes. With our smart approach and thoughtful strategies, we will work to pursue the parties involved. Our White Plains car accident lawyers are committed to fighting for you so that you can recover financial compensation. We give each case the attention it deserves so that clients can secure the highest compensation amount.
Contact our office online or call 914-946-2500 for a free consultation.
Key Takeaways
- Immediate Legal Support: If you’re injured in a White Plains car accident, New York law allows you to pursue compensation for damages, especially if serious injuries are proven. A skilled lawyer ensures your rights are protected.
- No-Fault Insurance Benefits: In New York, your own insurance covers initial medical expenses and lost wages, regardless of fault, under the No-Fault system. You may still pursue a lawsuit if your injuries meet the “serious injury” threshold.
- Common Accident Causes: Car accidents in White Plains often result from selfish or distracted driving, poor road conditions, and vehicle maintenance issues. A lawyer can help determine fault and hold the responsible party accountable.
- Recoverable Damages: Car accident victims may be entitled to economic damages (e.g., medical bills, lost wages), noneconomic damages (e.g., pain and suffering), and potentially punitive damages in cases of gross negligence.
- Legal Expertise Matters: An experienced White Plains car accident lawyer will manage your claim, negotiate with insurance companies, and, if necessary, represent you in court to help maximize your compensation.
New York’s No-Fault Car Accident System Explained
New York uses a no-fault system for auto accident claims that is designed to streamline the process of obtaining compensation after a collision regardless of who is at fault. Here’s how it works:
- Immediate Medical Coverage: Regardless of fault, your own insurance policy (Personal Injury Protection or PIP) will cover your crash related medical expenses and lost wages up to a certain limit, typically $50,000. This coverage applies immediately after the accident, but you have to take steps quickly to ensure that no fault benefits are paid and your rights are secured.
- Limited Right to Sue: Under the No-Fault system, your ability to sue the wrongdoer for damages as a result of personal injury is limited. You can only sue for non-economic damages (such as pain and suffering) if your injuries meet the “serious injury” threshold as defined by New York law.
- Quick Claims Process: No-Fault insurance ensures a faster claims process. You can receive medical treatment promptly without waiting for the determination of fault. This means that you can go to the doctor right away and seek immediate medical care after the accident.
- What if I am a pedestrian injured in a car accident? No-Fault benefits are paid by the at fault vehicle’s insurer. While you still have to prove that your injuries meet the New York State “Serious Injury” threshold if you want to sue the owner and driver of the at fault vehicle, there is separate coverage for payment of your medical bills and lost wages under the no fault law. That separate coverage does not require proof of a serious injury.
- Exceptions to No-Fault: In a word – Motorcycles. Motorcycle drivers and their passengers are not eligible to receive No-Fault benefits.
Common Causes of Car Accidents in White Plains
The City of White Plains reports that its population soars to approximately 150,000 during the day as workers, shoppers, and visitors arrive by car, rail, bus, and plane. White Plains is located only 25 miles north of Manhattan in the heart of Westchester County. Its population and demographics lead to a significant number of car accidents a year. Some common causes of White Plains car accidents include:
- Selfish Driving. This takes many forms such as drunk driving, talking or texting on the phone while driving, Eating, drinking or putting on makeup while driving, disobeying traffic laws, and ignoring traffic signals;
- Poorly maintained roads (e.g., untreated potholes, uneven pavement);
- Aggressive driving;
- Failure to properly maintain the vehicle; and
- Winter driving:
- Going too fast for the conditions.
- Driving a snow covered car – this causes snow and ice to fly off of the vehicle into someone’s windshield.
Sometimes, an accident is just that: an accident. But often, crashes are caused by a driver’s poor choices or misconduct. If you suspect this is the case, you should immediately consult a White Plains car accident lawyer to explore your legal rights and options.
Common Car Accident Injuries
The sudden, powerful force of a car accident can cause severe bodily injury. Even low-speed collisions can cause potentially catastrophic injuries depending on the vehicles involved and the point of impact.
Common injuries sustained in White Plains car accidents include:
- Broken bones,
- Spinal cord injuries,
- Traumatic brain injuries,
- Burn injuries,
- Whiplash,
- Soft tissue injuries, and
- Shoulder and Knee tears
Types of Car Accident Cases We Handle
Our accident lawyers in White Plains have represented clients in various types of car accidents, including:
- Rear-End Collisions: These are among the most common types of car accidents, where one vehicle crashes into the back of another.
- Head-On Collisions: These occur when two vehicles hit each other from the front, often resulting in severe injuries.
- Side-Impact Collisions (T-Bone Accidents): These happen when the front of one vehicle crashes into the side of another, typically at intersections.
- Sideswipe Accidents: These occur when two vehicles traveling in the same direction collide side to side.
- Multi-Vehicle Pile-Ups: These involve multiple vehicles and can be particularly complex in terms of determining fault.
- Rollover Accidents: These happen when a vehicle flips over onto its side or roof, often due to high speeds or sharp turns.
- Hit and Run Accidents: These involve a driver who causes an accident and then leaves the scene without providing contact information or offering assistance.
- Drunk Driving Accidents: These are caused by a driver operating a vehicle under the influence of alcohol or drugs.
- Distracted Driving Accidents: These occur when a driver is distracted by activities such as texting, eating, or using a GPS while driving.
- Pedestrian Accidents: These involve a vehicle hitting a person walking or crossing the street.
- Bicycle Accidents: These happen when a vehicle collides with a bicycle, often due to the driver’s failure to notice the cyclist.
- Motorcycle Accidents: These involve motorcycles and can result in severe injuries due to the lack of protection for riders.
- Uber/Lyft Accidents: Accidents involving rideshare vehicles, where liability may include the rideshare company in addition to the driver.
How Long Does a Car Accident Case Normally Take?
It is difficult to estimate precisely how long your car accident case will take because every claim is unique. Depending on the circumstances, car accident cases can take several months to years. For instance, if your claim settles before litigation or in the early stages of the case, it may only take a few months. However, if you see your case through to trial, it can take years to conclude. Factors such as the severity and nature of injuries and the number of parties involved can also influence how quickly a case may be resolved. A car accident lawyer in White Plains can take a look at your case and provide you with a better understanding of how long it might take.
Recoverable Damages in Car Accidents
If your case is successful, you may be entitled to significant compensation, including economic, noneconomic, and punitive damages.
Economic Damages
Economic damages compensate a victim for their actual quantifiable losses. These include:
- Past and anticipated future medical expenses,
- Vehicle repair or replacement,
- Other property damage, and
- Lost wages and future earning ability.
As you might imagine, car accident plaintiffs’ economic losses can vary. For example, was the injured person a high wage earner before the crash or was he or she retired? The difference in earning power can dramatically affect the vault of a case. Will the injured person need years of future medical treatment and rehabilitation or will treatment have concluded by the time of trial?
Noneconomic Damages
Noneconomic damages are meant to compensate victims for their subjective and personal losses. These damages include the following:
- Pain and suffering,
- Mental anguish, and
- Loss of enjoyment of life.
There is no simple way of calculating the value of someone’s pain and suffering. Generally, the more extreme the injuries and resultant consequences, the larger the recovery.
Punitive Damages
In gross negligence or malicious behavior situations, a defendant may be ordered to pay the plaintiff punitive damages. Rather than compensate a victim, they are intended
to punish the defendant and deter similar behavior.
A seasoned White Plains auto accident lawyer can assess your case and advise you on the damages you can recover.
How Long Do You Have to File a Car Accident Claim?
Generally, in New York, you have three years from the date of the accident to initiate your lawsuit. While this is the general rule, important exceptions may apply, which can significantly shorten or extend that timeframe. For example, the time limit for filing a claim against a municipality such as a town, village, city or county or a school district is much shorter. Meeting with a White Plains car accident attorney right away is important to ensure you file your claim timely.
Proving Driver Negligence in a New York Car Accident Case
To prove liability, a victim must prove four elements in their personal injury case:
- The other driver had a duty of care to the 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 must show a direct link between the 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, suffering, and scarring if they rise above the state’s serious injury threshold.
Important Pieces of Evidence for a Car Accident Case
Before you can recover damages, evidence must be presented to prove your car accident case. There are a variety of different types of evidence a car accident attorney will use to prove the other driver’s liability, including:
- Photos of the accident scene. If possible, take out your cell phone and take multiple photos of the 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. Use the video recorder function of your cell phone to document the scene, vehicles and people involved.
- Photos of your injuries. If you sustained visible injuries from the collision, like bruises or cuts, you’ll want to take photos of them right away. The same goes for scars caused by a crash. These photos will show the insurance company and 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 attorney. The rules are different for crashes occurring in New York City. The police will not come out to an accident scene where there are no injuries. As of April 6, 2020, vehicle https://www.nyc.gov/site/nypd/services/vehicles-property/non-injury-vehicle-collisions.pagecrashes resulting only in property damage do not have to be reported to the New York City Police Department
- 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. Go to an Urgent Care facility if there is a long wait in a hospital emergency room.
- Cell phone records. Did you observe the other driver talking on their cell phone or texting before the crash? If so, let your attorney know so that the other driver’s cell phone records can be obtained. 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. Ask them to call your cell phone or text you their number.They may be able to verify your account of what happened and strengthen your claim. Your attorney may also consult expert witnesses like medical professionals or accident reconstruction experts to further bolster your claim.
- Security Camera and Dash Cam 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. Was there a dash cam on your car or the other vehicle? Look around at the businesses at the scene. Do you see any security cameras on the building? If it is a residential neighborhood see if any of the homes by the crash site have a Ring or other doorbell camera. This evidence can establish exactly how the accident occurred. An attorney may be able to help you obtain video footage of the accident.
How a White Plains Auto Accident Lawyer Can Help You
There are many advantages to having a skilled White Plains car accident lawyer by your side as you go through the claims process. Some people may be reluctant to hire a personal injury lawyer because they think it’s unnecessary or believe that the claims process is straightforward enough to deal with on their own. Understand that the insurance adjusters are trained negotiators. Do you negotiate for a living? Do you want to be at a disadvantage when confronting the insurance company for the other vehicle?
Filing an insurance claim or proceeding with a personal injury lawsuit involves time, effort and skill. To be successful requires a thorough understanding of New York 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. Our personal injury lawyers will listen to you and provide suggestions for the next steps you can take.
- Gather and examine information. We 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. If an acceptable settlement cannot be reached, a personal injury lawyer can represent you in court and take your case to trial, if necessary.
When to Call a White Plains 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. The Greenspan & Greenspan Injury Lawyers team of experienced car accident lawyers in White Plains, NY, can help you juggle these stresses and ensure the best possible outcome. Here are several signs that you need to call a lawyer.
1. You Have Suffered Injuries
If you have suffered injuries in an 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 skilled attorney who can review your case. If the accident is not your fault, then you should not have to pay for your present or future medical expenses on your own. An attorney experienced in handling motor vehicle accidents can take a look at your injuries and see if you are entitled to compensation.
2. 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 an auto accident. A personal injury attorney can help navigate this for you.
3. 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 are strict time limits that must be met if you are going to seek no fault benefits so that your crash related medical bills and lost wages are paid. Be very careful in speaking with a representative of the insurance company for the other vehicle. You do not want to say something to an insurance adjuster that could compromise your rights. An experienced car accident attorney can take a look at the offer from the insurance company and make sure that your interests are being protected.
FAQs About Car Accidents in White Plains, NY
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 our experienced White Plains car accident lawyers 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 is 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 occupants of all involved vehicles and bystanders. If there are any injuries, call an ambulance. Showing the other people involved that you were concerned for their safety is not only the smart thing to do, it is the right thing to do.
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, and
- 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?
Use your cell phone and get the names, phone numbers, and license plate numbers of the other drivers. Make a note of the vehicles’ make, model, year, and color. Look to see if the driver of the other vehicle was using a cell phone prior to the crash. Take pictures of your vehicle and the other involved cars or trucks. 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 personal injury claims resulting from a car crash 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. Avoid speaking with the other person’s insurance company until you have consulted with a lawyer.
Contact a White Plains car accident lawyer from the experienced team at 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.
What Happens If Multiple Drivers Are At Fault?
It is not uncommon for liability to be shared by multiple drivers. In these situations, the concept of comparative negligence comes into play. Under comparative negligence rules, any settlement or verdict that is awarded will be adjusted according to the involved drivers’ unique level of fault. For example, if you were found to be 30% at fault for a collision and you are awarded $100,000, your final award will be $70,000 (or $100,000 reduced by 30%).
Call a White Plains Car Accident Lawyer Today
No injured person should be forced to face a mountain of medical expenses on their own. If you were hurt in a car accident caused by a negligent driver, contact our experienced car accident attorneys in White Plains, NY today to discuss your legal options in depth. Our attorneys will discuss what damages can be claimed, how much a claim may be worth, and other questions you may have. We have decades of experience to put to work for you.
Reach out to us online or call 914-946-2500 today for a no-cost, no-obligation consultation.