According to the New York State Governor’s Traffic Safety Committee, in 2018, 10,996 people suffered serious injuries in car accidents throughout the state. That same year, 943 people lost their lives in collisions. If you or a loved one suffered injuries in a Massapequa Park Car accident, you may have concerns about recovering the cost of your medical bills, lost income, and pain and suffering.
A Massapequa Park Car accident lawyer from the Law Office of Cohen & Jaffe, LLP can guide you through the claims process. We can discuss your claim during a free and confidential consultation. Call us at (516) 358-6900 to learn more.
Common Causes of Motor Vehicle Accidents in New York
To secure financial recovery for your losses, the burden of proof is on you. As the injured claimant, it is your responsibility to prove how another party’s actions caused your accident.
Some forms of negligence that may have caused your collision include:
- Speeding. When a driver speeds, they increase the likelihood that they will lose control of their vehicle. They also give themselves less response time in the event that a sudden hazard appears.
- Driving too fast for weather or road conditions. Even if a driver is technically obeying the posted speed limit, they still may be driving too fast. Speed limits are intended for optimal daytime conditions. Drivers should slow down if there is bad weather, dense traffic, poor roadway conditions, or other hazards.
- Distracted driving. Distracted driving consists of anything that takes a driver’s eyes, hands, or mind off the task of driving. Drivers who are distracted may be unable to drive defensively.
- Impaired driving. Some drivers’ judgment and motor skills are affected by alcohol, drugs, or medications. When they take a mind-altering substance and get behind the wheel, they put everyone else on the roadway at risk of harm.
- Reckless driving. Some drivers think that an open road invites extreme speeds, frequent lane changes, and other dangerous driving behaviors.
- Fatigued driving. Drowsy drivers feel many of the same effects as impaired drivers. These effects could include delayed response times, difficulty maintaining speed, and drifting into other lanes.
- Not following traffic rules. Many accidents are caused when drivers simply choose to disobey traffic laws, such as following too closely or running red lights.
The Law Office of Cohen & Jaffe, LLP can investigate your claim and get to the bottom of what caused your accident. We can identify your legal options and help you pursue compensation for your damages.
For a free legal consultation with a car accidents lawyer serving Massapequa Park, call 516-358-6900
Common Injuries in Motor Vehicle Accidents
Accident victims may suffer from various types of injuries in motor vehicle accidents, ranging from minor to catastrophic.
Some of the most common types of car accident injuries include:
- Traumatic brain injuries, such as concussions
- Spinal cord trauma
- Neck injuries, like whiplash
- Broken or fractured bones
- Chest injuries
- Soft tissue injuries
There are many factors that may influence the type of injuries sustained in a car crash.
These factors include:
- Where a vehicle was hit
- How close a passenger was to the point of impact
- The speed of both vehicles at the time of the collision
- A victim’s pre-existing injuries, age, sex, and overall health
- The type and size of each vehicle
- The presence of any safety features in the vehicle and whether they worked
- Whether the victim was wearing a seat belt at the time of impact
Our legal team can start investigating the circumstances of your collision today. To begin a free consultation, dial (516) 358-6900.
Massapequa Park Car Accident Lawyer Near Me 516-358-6900
New York’s No-Fault Insurance System
Because New York is a no-fault state, following a collision, an injured claimant must file a claim with their own insurer to recover compensation. If a claimant’s injuries are considered “serious” under the law or their damages exceed the amount of insurance they have, they may then be able to make a claim against the negligent driver.
The New York State Department of Financial Services (DFS) states that you only have 30 days to file a claim with your own insurance company, so time is of the essence. The Law Office of Cohen & Jaffe, LLP can help you navigate the claims process. You can get in touch with our team today.
Establishing Negligence Following a Massapequa Park Car Accident
If you make a claim against a negligent driver, you must be able to prove the following legal elements:
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Duty of Care
Duty of care refers to the legal obligation that all drivers have to operate their vehicles safely. A reasonably prudent driver obeys traffic laws and considers the safety of others.
Breach of Duty of Care
You must show that the other driver breached their duty of care.
You may be able to prove this violation by showing that the accident was caused by:
- Distracted driving
- Impairment by drugs or alcohol
- Disobeying traffic laws
- Reckless driving
This is not an exhaustive list.
You must also be able to show that there is a direct connection between the driver’s breach of duty of care and the accident.
Objective evidence that may be able to establish this element includes:
- The accident report
- The physical damage to each vehicle
- Videos of the accident, including dashcam footage
- Eyewitness statements
- Testimony from an accident reconstruction expert
Again, this is not an exhaustive list.
Finally, you must be able to show how the accident resulted in financial losses.
This is usually through showing your “damages,” which may include:
- Your vehicle’s repair or replacement costs
- Medical expenses, including emergency treatment, hospitalization, surgery, follow-up care, physical therapy, medication, and assistive devices
- Lost wages during your recovery period
- Lost earning capacity if the accident caused you to leave your job for a lower-paying one
A Massapequa Park Car accident lawyer can help you establish all of the legal elements described above.
Explore Your Legal Options Today
If you or a loved one was injured in a car accident, a Massapequa Park Car accident lawyer from the Law Office of Cohen & Jaffe, LLP can help you. Contact us today at (516) 358-6900 to get started.