Hollis Car Accident Lawyers
From Hillside Avenue to Murdock Avenue, from Francis Lewis Boulevard to 181st Street, Hollis is the home of hip-hop, jazz and many notable Americans. Not infrequently, Hollis is also the home of serious and sometimes fatal car accidents. With major thoroughfares like Hollis Avenue and Jamaica Avenue, and over a dozen bus and train lines cutting through the neighborhood, navigating safely through Hollis streets can sometimes be a challenge. In fact, nearby Hillside Avenue and Hollis Court Boulevard has been considered one of the most dangerous intersections in Queens. Hollis car accident lawyers Cohen & Jaffe can help you when you’ve been injured in a Hollis car accident through no fault of your own. We hold negligent drivers accountable for their speeding, drunk driving, distracted driving and other negligence, and we work to see that you get the proper medical treatment and just compensation to make up for the harm which has been done to you. Call our office at 866-878-6774 after a serious Hollis car accident for a free consultation on your personal injury claims.
The insurance company says I was partially to blame for causing the accident
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This is a common tactic of the insurance company to minimize the amount they have to pay. New York has a “comparative fault” rule that decreases any personal injury award in proportion to the amount of fault carried by the injury victim. If you are found to have contributed to the accident itself or made your injuries worse by your own negligence, you can still pursue a claim against the at-fault driver for your serious injuries, but any amount you recover will be reduced. For instance, if your damages are $100,000 but you are found to be 40% at fault, you could only recover 60% of your damages, or $60,000. Examples of ways you could be found comparatively negligent include:
- Driving behaviors – speeding, distracted driving or other negligent driving behaviors
- Medical care – failing to see a doctor promptly after the accident, failing to follow up and keep doctor appointments, failing to follow doctor’s orders regarding your treatment
It’s important to understand that just because the insurance company claims you were contributorily negligent in the accident, they do not have the final say on the matter. At Cohen & Jaffe, our experienced Hollis car accident attorneys conduct a thorough investigation of the accident to determine who was at fault, especially if liability is denied or disputed by the insurance company. The insurance company may be alleging you were negligent as a bargaining tool when negotiating a settlement, but our skilled and experienced injury lawyers fight just as hard defending you against unfounded claims of negligence as we do proving the liability and fault of the other driver. Our cases are solidly built on the evidence available, and if we have to go to court to prove your case, it’s a jury that will decide who was negligent, not the insurance company. Don’t take the insurance company’s word for it. Call Cohen & Jaffe for a free evaluation of your claim after a serious injury in a Hollis car accident.
What if I wasn’t wearing my seat belt?
Seat belts are required by law in New York for all front seat passengers. Children under 16 must wear seat belts whether sitting in the front or back, and children under eight must be restrained by a child restraint system, including child safety seats for children under four.
New York is one of a handful of states that allows the defendant in a car accident case to claim that the plaintiff was not wearing a seat belt and that the plaintiff’s injuries were made worse because of this. If this so-called “seat belt defense” is successful, the amount an injury victim can recover is reduced by the costs that would have been avoided if the plaintiff had been wearing a seat belt.
Sometimes the insurance company will claim you weren’t wearing your seat belt even though you say you were. If the defendant is allowed to raise the seat belt defense, you could be forced to prove additional facts to protect your right to receive all of the compensation due to you for your injuries. If you actually were wearing your seat belt, testing may need to be done to prove that you were wearing it and determine how effective it was in preventing or reducing injuries.
Even if you weren’t wearing your seat belt, our Hollis car accident attorneys understand just how much this fact should or should not impact your case. Crash test safety models have car seats and seat belts arranged just so, and the crash test dummies they use may not closely resemble your actual body size or type. Other factors, such as the position of the seat, the position of the seat back, and the position of the seat belt itself can all affect how a seat belt functions in a crash. Most states don’t allow the controversial seat belt defense to be raised in court. New York, however, does, which is another reason to be sure and hire a skilled and experienced personal injury attorney after your Hollis car accident.
Experienced and Successful Hollis Car Accident Attorneys are Ready to Help You
At Cohen & Jaffe, our personal injury attorneys have more than a century of collective experience in legal practice. In that time, we have secured millions of dollars in verdicts and settlements for car accident and other personal injury victims in Hollis, Queens and throughout Long Island. Let us work for you and help you through this difficult time. After a serious car accident in Hollis has left you with medical bills, lost wages, pain and suffering and other harm, call the Hollis car accident lawyers of Cohen & Jaffe for a free consultation at 866-878-6774.