Car Accident Lawyer | Yonkers, NY

Car accidents are an unfortunate reality on New York’s roads, with a notable increase in recent years. According to a New York State Comptroller’s report, motor vehicle fatalities in the state surged by 18% between 2019 and 2022, highlighting the growing risks faced by drivers. In Yonkers, these statistics reflect a broader statewide trend, where the bustling roads see thousands of collisions yearly. Whether it’s a rear-end collision, a deer-vehicle encounter, or another type of accident, victims often find themselves dealing with serious injuries, mounting medical bills, and other challenges.

Understanding your legal rights is crucial if you’ve been involved in an accident. A Yonkers car accident lawyer at Greenspan & Greenspan, P.C. can guide you through the complex process of filing a claim, ensuring you receive the compensation you deserve. From negotiating with insurance companies to representing you in court, our experienced attorneys protect your rights and help you recover physically and financially.

Common Causes of Car Accidents in New York

Understanding the common causes of car accidents in New York helps you stay safe and know when you need a motor vehicle accident lawyer. Some of the leading causes include the following:

• Distracted driving. Texting, talking on the phone, or adjusting the radio are common distractions that can lead to serious accidents. Despite laws against using handheld devices, distracted driving remains a significant issue.
• Speeding. Driving above the speed limit reduces reaction time and increases the severity of crashes. Speeding is a form of negligent driving, and those injured may be entitled to compensation.
• Driving while intoxicated (DWI). Alcohol and drugs impair a driver’s ability to operate a vehicle safely. DWI is a criminal offense, and victims often seek compensation through criminal and civil courts.
• Weather conditions. Snow, ice, and heavy rain are frequent in New York, making roads slippery and reducing visibility. Drivers must adjust their driving to match weather conditions.
• Deer and wildlife collisions. Collisions with deer and other wildlife are common, particularly in rural areas. These accidents can cause significant damage and injury.
• Aggressive driving and road rage. Tailgating, frequent lane changes, and road rage incidents contribute to many accidents. Aggressive driving is considered reckless, and victims may have strong legal claims.

Consult a Yonkers motor vehicle accident lawyer to help you understand your rights and options if you’ve been involved in any of these accidents.

Proving Fault and Liability

Proving fault in a car accident is crucial to securing compensation. An auto accident attorney can assist in demonstrating the following elements:

• Duty of care—every driver is legally obligated to exercise reasonable caution while on the road;
• Breach of duty—occurs when a driver fails to meet the expected standard of care, such as by speeding, texting, or driving under the influence;
• Causation—the breach of duty must directly cause the accident and the resulting injuries; and
• Damages—the victim must have suffered actual harm, such as medical expenses, lost wages, or pain and suffering.

To prove these elements, an attorney may gather and present evidence such as police reports, witness statements, video footage, and expert testimony. Medical records and vocational assessments are also critical in showing the extent of the injuries and their impact on the victim’s life. An experienced motor vehicle accident lawyer can navigate this complex process, ensuring that all necessary evidence is collected to build a strong case.

Types of Compensation Available

In New York, victims of car accidents may receive various types of compensation, which can be critical in helping them recover from the financial and emotional impacts of their injuries. An experienced auto accident attorney can help you pursue these damages under New York law.

Economic Damages

These are quantifiable financial losses resulting from the accident. They include medical expenses such as hospital bills, surgeries, and rehabilitation costs. Lost wages due to time off work and any loss of earning capacity are also considered economic damages. These damages are straightforward to calculate as they are based on actual expenses and income lost.

Non-Economic Damages

These damages compensate for more subjective losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike economic damages, non-economic damages do not have a clear monetary value and are more challenging to quantify.

Calculation Methods

New York calculates noneconomic damages using the multiplier or per diem methods. The multiplier method involves multiplying the total economic damages by a number, typically between 1.5 and 5, depending on the severity of the injuries. The per diem method assigns a daily rate to the victim’s suffering, multiplied by the number of days the victim is affected.

Key Considerations After an Accident

After a car accident, taking the proper steps can significantly impact your ability to recover compensation. 

Do’s and Don’ts

First and foremost, it is crucial to contact the police and seek medical care immediately, even if you don’t feel seriously injured. A police report and medical records are essential pieces of evidence supporting any legal claim you may pursue. One important consideration is avoiding speaking to insurance companies without consulting an auto accident attorney. Insurance adjusters may attempt to minimize your compensation or use your statements against you, so having legal guidance is vital.

Prepare for Legal Action

Preparation for legal action is another critical step. Gathering as much personal evidence as possible, such as photos of the accident scene, contact information for witnesses, and relevant documents, will strengthen your case. Moving quickly with legal proceedings is essential, as delays can negatively affect your chances of success. An experienced attorney can guide you through this process, ensuring the preservation of all necessary evidence.

Maintain a Low Online Profile

Additionally, maintaining a low online profile during legal proceedings is advisable. Insurance companies and opposing counsel may monitor your social media activity, and anything you post could be used to undermine your claim. It’s often best to refrain from posting about the accident or your injuries until the resolution of your case. 

By following these steps and working with an accident lawyer, you can protect your rights and improve your chances of securing the compensation you deserve.

Why Hire a Yonkers Car Accident Lawyer?

Dealing with the aftermath of a car accident can be overwhelming, especially when navigating the complexities of insurance claims. Insurance companies often prioritize their bottom line, meaning they may attempt to minimize your compensation or deny your claim. This is where the expertise of a Yonkers car accident attorney becomes invaluable. A skilled lawyer understands insurance company’s tactics and can strategically counter them to ensure you receive the full compensation you deserve.

The legal system can also be intimidating, particularly if you’re recovering from injuries. Having an attorney represent you in court increases your chances of success and relieves you of the burden of managing legal proceedings on your own. An experienced lawyer knows how to present your case effectively, ensuring the protection of your rights at every step.

They can also help gather and present evidence. Building a strong case requires more than just telling your side of the story. An attorney will collect and organize essential evidence, such as police reports, witness statements, medical records, and expert testimony, to build a compelling case on your behalf. This comprehensive approach significantly strengthens your claim and improves your chances of a favorable outcome.

At Greenspan & Greenspan, P.C., our team of experienced personal injury lawyers has successfully represented countless clients in Yonkers and throughout New York. If you’ve experienced a car accident injury, contact Greenspan & Greenspan, P.C. today.