Astoria Car Accident Lawyer
Car accidents in Astoria are so common that people barely take notice when they occur. However, the people involved in these accidents might be badly hurt. They deserve fair compensation for their injuries.
Certain factors tend to be common across many accident cases. Traffic violations, distractions, and reckless driving are just a few common causes of collisions. To get fair compensation, many drivers pursue insurance claims. If insurance does not work out, your attorney can help you begin a lawsuit. You might sue another driver, their employer, or other people or parties implicated in the accident. Keep track of your losses and injuries, as they may form the basis of your claim for damages. It is important to speak with an attorney soon, as you have a limited amount of time to file an injury lawsuit. Get started on your case with our legal team today.
For a free, private review of your claims, contact our car accident lawyers at The Carrion Law Firm by calling (718) 841-0083.
Common Causes of Auto Accidents in Astoria
Car accidents are very common, especially in places like Astoria, where traffic is often busy and rarely lets up. While every accident is unique and deserves an individualized approach from you and your attorney, certain factors come up in accident cases more often than others. Understanding how your accident occurred will help our car accident lawyers determine where to find evidence and who should be held liable.
Many accidents stem from ordinary traffic violations. Running stop signs, failing to signal turns, and speeding are just a few common violations that are often involved in accidents. While many drivers commit these violations regularly without incident, others are less lucky. It only takes one mistake to cause an accident. The driver who committed the violation is likely responsible for the accident.
Distractions behind the wheel are becoming more and more problematic. Cell phones, tablets, GPS devices, or passengers often distract drivers. Distractions are especially dangerous in Astoria, where traffic is often busy, and drivers must always remain alert. Was the other driver on their phone during the accident? Maybe they were scrambling for something they dropped on the floor of their car. Talk to your lawyer and the police when they get to the accident scene. If there is evidence of a distracted driver, our car accident lawyers will find it.
Reckless driving is another serious problem. New York City is known for its fast-paced lifestyle, and traffic is no exception. In New York, drivers are often used to being stuck in traffic or waiting for lights. Many drivers make reckless moves on the road to try and avoid these issues. They might speed up when the traffic light turns yellow, weave between lanes to avoid traffic, speed, and other reckless behavior.
How to Get Fair Compensation for Your Injuries After a Car Accident in Astoria
When filing auto insurance claims, New York is a no-fault state. This means that drivers must carry no-fault insurance policies. These are often called personal injury protection (PIP) insurance policies, which are required under New York law.
In fault-based states, injured drivers must file third-party claims with the other driver’s insurance company. Then, the injured driver must prove to the insurance company that the other driver is at fault for the crash. At the end of the day, the insurance company may weigh the evidence and approve or deny the claim.
In a no-fault state like New York, instead of filing a third-party claim with another driver’s insurance, an injured driver may file a claim with their own PIP insurance policy, according to I.S.C. Law § 5104(a). On top of that, there is no need to prove fault. An injured driver may be covered by their own PIP policy regardless of who caused the crash. Even if you are responsible for the crash, your insurance must cover you up to your policy’s limit.
The one drawback to no-fault insurance laws in New York is that drivers are restricted from filing personal injury lawsuits against other lawsuits, barring certain circumstances. Under the law mentioned above, drivers may file injury lawsuits only if they experience a “serious injury.”
A serious injury is defined under § 5104(d). It includes fractures, dismemberment, death, serious disfigurement, loss of a fetus, loss or limitations of body parts, systems, or functions, and any medically determined, non-permanent injury that prevents a person from performing normal daily tasks for at least 90 days out of the 180 days immediately following the collision.
Depending on the severity of your accident and the extent of your injuries, you might be permitted to file a lawsuit. If you are unsure whether you are eligible, contact our legal team for help.
People We Can Help You Sue for Damages After an Astoria Car Accident
One of the most difficult parts of a car accident case is figuring out who is responsible. In some cases, the answer is obvious. If only one other driver is involved in the crash, and you know you did not do anything wrong, the answer is pretty clear. Our car accident lawyers can help you determine who to include in legal action for damages.
Other Drivers
In many cases, an injured driver sues the other driver involved in the accident. Determining who is responsible for the crash is arguably easier in a two-car accident. The situation becomes more complicated when more drivers are involved. For example, you might be injured in a multi-vehicle accident where several other drivers are all blaming each other for the accident. You might sue only one driver, more than one, or all other drivers involved in the accident.
Other Drivers’ Employers
Depending on who else was involved in the accident, you might be able to sue their employer. For example, if a taxi driver hit your car in an intersection, you could sue the taxi driver and the taxi company that hired them.
Under the legal theory of respondeat superior, an employer may be held vicariously liable for damages and injuries caused by a negligent employee if that employee was acting in furtherance of normal work duties. So, a negligent taxi driver might also implicate their employer.
This does not mean that we can go after anyone’s employer. Many people driving around Astoria are not actively working or on the job. Their employers have nothing to do with the accident. However, if you are in an accident with someone who drives as part of their work (e.g., taxi drivers, delivery drivers, tour and charter bus drivers), talk to your attorney about suing the employer.
Governmental Entities
In some accidents, governmental entities are involved. Depending on the circumstances, our legal team can help you sue certain governmental entities or agencies for your damages. In Astoria and many other places around New York, public transportation proliferates. Many accidents involve public buses or other vehicles controlled by the Metropolitan Transportation Authority (MTA).
Suing the MTA, or any other governmental entity, is not the easiest thing in the world. Government organizations often enjoy immunity from civil claims for damages, barring special circumstances.
If you were injured by an MTA vehicle or some other government employee on the road, talk to your lawyer about it. We can help you sue the government for your injuries, depending on the circumstances.
Available Damages in Astoria Car Accident Cases
Damages in auto accidents can be quite high in some cases. Even if your collision was somewhat minor, you still have the right to pursue damages in a lawsuit, at least you do if you have a “serious injury.”
Non-Economic Damages
While many damages are based on how much they cost a plaintiff, not all damages are defined this way. Non-economic damages are based on the plaintiff’s personal experiences with the accident. For example, a plaintiff might claim non-economic damages for the psychological trauma of a particularly harrowing accident and damages for the physical pain of their injuries. While these experiences do not come at a financial cost, they still should be compensated.
Exactly how much compensation non-economic damages are worth might be hard to say without reviewing other aspects of your case. More serious accidents with greater injuries and economic losses are typically associated with higher non-economic damages. In the end, the jury usually decides what these damages are worth.
Economic Damages
Your expenses related to the accident may be claimed as part of your economic damages. One of the biggest factors in economic damages calculations is medical expenses. Even if you spent a single day in the hospital, your bill might be way more than you can afford. If you have more severe injuries that require greater treatment, your hospital bills might be off the charts.
We should also consider how much you spent on your car after the accident. Did you have to pay for costly repairs? Maybe your vehicle was totaled and you needed to replace it. These costs can quickly add up. On top of that, you might have lost valuable personal items inside the car. Maybe your laptop was in the backseat and crushed in the collision. Maybe you were e wearing an expensive watch that was somehow lost or damaged.
We can also claim the value of your lost income if you miss significant time from your work because of your injuries. This may include lost future income if you cannot go back to work for the foreseeable future or ever again.
When is the Best Time to File a Lawsuit After a Car Accident in Astoria
When it comes to the right time to file a car accident lawsuit, a good rule of thumb is the sooner, the better. Injured accident victims only have so much time to file their claims before their right to bring the cause of action expires. In other words, act fast because time is of the essence.
According to C.V.P. Law § 214, the statute of limitations is 3 years for personal injury claims. In a car accident case, you have 3 years from the collision date to file a civil lawsuit. Several years might seem like plenty of time, but do not be fooled. Preparing a lawsuit takes a lot of time and effort, and we need as much time as possible.
If you want to sue a governmental entity like the MTA, your time might be even shorter. When suing the government, we must adhere to stricter procedural rules. This includes sending a notice of your claim to the appropriate governmental entity before we file the case. According to G.M.U. Law § 50-e(1)(a), a notice of your claim must be submitted no later than 90 days after the accident. This is an extremely tight timeline, and you should speak to an attorney immediately.
How to Start a Lawsuit for a Car Accident in Astoria
Perhaps you know that you want to take legal action related to a car accident, and you are ready to get started. How does one exactly start a lawsuit? This is where the skills and experience of a qualified attorney come in handy. Our legal team can help you prepare your lawsuit, and we will see your case through to the very end.
First, we need to gather information about the accident and your claims. When we file your lawsuit, we must file a formal complaint. The complaint must contain lengthy and specific details about numerous aspects of the case. We need information about you and the defendant so that all parties are properly identified. We also need specific details about how the accident happened. This may include the location of the crash, how fast vehicles were traveling, the direction of travel, the make and model of all vehicles involved, and much more.
We must include information about all your damages. If details about certain damages are left out or are too lacking, we might be unable to claim them. As such, we must have accurate damages calculations ready before we file your case.
We also must include information about evidence. Any claims we make in the complaint should be supported by some evidence. Without evidence, your complaint might be deemed a list of baseless accusations and quickly dismissed. While we do not need all possible evidence or even enough evidence to meet the burden of proof, we need enough to prove your cause of action is valid.
For Legal Support, Contact Our Astoria Car Accident Lawyers Today
For a free, private review of your claims, contact our car accident lawyers at The Carrion Law Firm by calling (718) 841-0083.