Car accidents are serious and have the potential to cause real damage, not just in terms of physical injury but also financial hardship. It is important, therefore, for all car accident victims to know their legal rights when they find themselves in this position.
If you are involved in a car accident in Brookhaven, make sure that you are out of danger before calling the authorities. You can also gather evidence at the scene by taking pictures and speaking with eyewitnesses that you can use in a later insurance claim or personal injury lawsuit. Your path to recovery will depend on who was at fault for the accident and the severity of the injuries sustained.
If you have questions about recovering compensation after your recent car accident injury, contact The Carrion Law Firm before it is too late. Our Brookhaven car accident lawyers can provide your first case assessment for free. Learn more today by calling (718) 841-0083.
What to Do After a Car Accident in Brookhaven, NY
Though car accidents are unfortunately common, many who find themselves in these circumstances are too shocked to think clearly. That is why our Brookhaven car accident lawyers have provided the following helpful list of tips that you can follow to protect your physical and financial well-being.
Get Out of the Way
Before anything else, the first step you should take is to prevent the situation from getting any worse. If your vehicle is operable, pull off to the nearest shoulder or other area that is out of the direct flow of traffic. If the vehicle is disabled, use hazard lights or deployable flares to indicate the accident to other drivers and get yourself and other passengers away from the vehicle.
Call 911
Once you are out of immediate danger, you should call the emergency dispatch line. The dispatcher can send law enforcement and emergency medical services to the scene as needed. Police officers are obligated to file a detailed accident report at the scene of any accident that causes injury or significant property damage, which you will ultimately need when filing an insurance claim or a lawsuit.
Talk to Others
At the scene of the accident, you should also attempt to get as much information from as many other parties as possible. Of course, this includes the other driver, but it also should include any other individuals who saw the accident occur. Eyewitnesses are a vital and effective source of evidence in a trial, but they are substantially more difficult to track down once you leave the scene of the accident.
Take Pictures and Video
Images of the scene of the accident are another form of evidence that can be helpful but disappears after you leave the scene. Use your smartphone to capture visual evidence of the damage to vehicles and other property, the conditions of the road and any tire tracks, and anything else that you feel might be worth documenting.
Seek Medical Care
Once you leave the scene of the accident, you should visit your nearest emergency room as soon as possible, even if you believe that you escaped unharmed. Some injuries may not reveal themselves until days or even weeks later. Identifying these conditions early not only prevents them from worsening over time, but also establishes a direct medical record that connects the accident with your injuries.
Call a Brookhaven Car Accident Attorney
After you have had your injuries diagnosed and treated, it is time to get legal help. An experienced Brookhaven car accident lawyer can help you assess your case, calculate your monetary harms, communicate with insurance representatives, gather evidence, and prepare your lawsuit filings.
No-Fault Car Insurance Rules in Brookhaven, NY
The State of New York follows a unique rule about how car accident victims can recover for their injuries sustained in accidents. Unlike the many states that use an at-fault system, New York uses a no-fault system, which does not necessarily assign blame to any party for causing an accident initially. This makes it easier for car accident victims to recover compensation for their injuries. However, the tradeoff is that the victim must go through their own insurance company to get this compensation, even if another driver’s negligence was to blame.
This rule does have an exception, however. If the injuries you sustained in the accident meet the threshold of being considered “serious” in New York, you can step outside the exclusive remedy of your own insurance coverage by filing a lawsuit against the at-fault party.
New York law determines which injuries will be considered “serious” enough for the victim to pursue money damages in court, rather than simply through a claim filed with an insurance carrier. The traditional criterion for determining whether a car accident injury meets the threshold is where the condition prevents the injured person from performing the material acts of their customary daily activities. This must last for at least 90 days of the 180 days immediately following the accident.
Common examples of “serious” injuries under New York law include dismemberment, disfigurement, bone fractures, miscarriage, or loss of the use of any limb, organ, or bodily system. To get a better idea of whether your injuries meet the threshold to file a lawsuit, reach out to an experienced Brookhaven car accident lawyer.
Statute of Limitations for a Car Accident Lawsuit in Brookhaven, NY
To successfully file and win a lawsuit for car accident injuries, the seriousness threshold is not the only issue to bear in mind. You should also know that your option to sue only lasts for a certain amount of time. New York’s statute of limitations for car accident injury lawsuits generally only runs for three years from the date of the accident. This time can pass faster than you might expect, so it is always best to reach out to a knowledgeable Brookhaven car accident lawyer as soon as possible.
Get a Free Initial Case Assessment from Our Brookhaven Car Accident Attorneys
When you call The Carrion Law Firm at (718) 841-0083, you can obtain a free first-time case evaluation from one of our dedicated Brookhaven car accident lawyers.