Bay Shore, NY Car Accident Lawyer
Car accidents account for a significant number of personal injuries in Bay Shore every year. Car accident injury victims should know about their options for pursuing the monetary compensation that they need and deserve to help deal with their injuries.
Under New York’s no-fault insurance rules, most victims must go through their insurance provider to get compensation, even if another driver was at fault. However, if the victim’s injuries are serious enough to satisfy state law, they can step outside of the insurance system and file a personal injury lawsuit.
If you need help assessing your insurance claim or personal injury lawsuit, the Bay Shore car accident attorneys at The Carrion Law Firm are here for you. To schedule your free initial case evaluation, call our offices today at (631) 910-7493.
Common Causes of Car Accidents in Bay Shore, NY
While on the road, potential collisions could arise in a number of different ways, but most of them involve driver error. Below are just a few of the most common causes of car accidents in Bay Shore and the rest of New York.
Distracted Driving
It is important that all drivers keep their eyes on the road at all times. Dangers on the road can arise in less than a second. A driver that takes their eyes off the road to text, read emails, or make some other use of their smart phone deprives themselves of the necessary time to react and avoid a dangerous collision. Not only is texting while driving a crime in New York, but it is also evidence of fault for causing a car accident.
Tailgating
Drivers are obligated by New York traffic code to retain a safe distance between their vehicle and the one in front of them. This should be enough space to allow the driver to adjust course or stop if necessary. Unfortunately, many people choose to ignore this guidance, which is the cause of many rear-end collisions. In almost all cases of rear-end crash, the driver of the rear vehicle is to blame.
Speeding
Speed limits exist for a reason. They inform the driver that is not familiar with the area that they are in how fast they can reasonably go while retaining the ability to react to turns or changes in traffic pattern. A driver that travels above the speed limit not only reduces their reaction time, but amplifies the potential harm that an accident could cause.
Failure to Use Turn Signals
A driver’s failure to use turn signals or hazard lights is the exception that proves the rule of rear-end liability mentioned above. If a driver intends to turn, pull over, or stop, there is little way that drivers in the area will be able to tell without the use of turn lights. This is one of very few limited examples where the forward driver in a rear-end collision will be at-fault.
Weather
Long Island hamlets like Bay Shore get a substantial amount of inclement weather every year. However, just because the roads are icy does not mean that negligent drivers can use that as an excuse. It is every driver’s responsibility to adjust their driving practices when operating during inclement weather conditions or while there are hazardous road conditions that could hinder braking ability or cause hydroplaning.
Drunk Driving
Though it may be apparent that a driver who is intoxicated while on the road is nearly always the at-fault party in causing an accident, it still bears mentioning, as driving under the influence of drugs or alcohol is the leading cause of fatal accidents above any other negligent driving practice throughout the country. If the other driver caused your accident while drunk or high behind the wheel, you could seek additional punitive damages, which might not be available in other cases.
No-Fault Car Insurance Rules in Bay Shore, NY
Unlike some other jurisdictions, New York has what is known as “no-fault” insurance. Under this type of insurance system, the victim of a car accident must seek compensation from their car insurance, regardless of who was responsible for the crash. This can be frustrating for many car accident victims, especially after experiencing extensive losses.
In many instances, the assistance provided by insurance companies may not fully compensate you for your losses. Typically, car insurance companies are limited to providing compensation for things like your medical bills, property damage, and lost wages. However, they remain silent about your pain and suffering, which are also important damages.
You may bring a personal injury claim against the liable parties in a car accident if you can demonstrate that you suffered serious injuries. To meet this threshold, you must prove you sustained an injury that materially limited you for more than 90 days during the 180-day period immediately following the accident. Courts will also consider whether the injury involved significant disfigurement, permanent limited use of a body part, or a permanent disability, among others. We urge you to consult with an experienced Bay Shore car accident attorney to get a better sense of your situation and how your injuries may provide you with a better chance to get full compensation.
Statute of Limitations for a Car Accident Lawsuit in Bay Shore
If you believe that your injuries satisfy the seriousness threshold and you wish to pursue your recovery in court, you must do so before time runs out on your claim. Under New York’s statute of limitations for car accident lawsuits, you must file your claim within three years of the date of the accident.
This deadline can creep up on you faster than you might think. If you miss the deadline, the court will likely dismiss your case, leaving you without a method of recourse for your harms. To prevent this from happening, be sure to reach out to a dedicated Bay Shore car accident attorney shortly after you have received medical care.
Get the Facts from Our Bay Shore Car Accident Attorneys Today
You can get your first case evaluation for free from one of the dedicated Bay Shore car accident lawyers at The Carrion Law Firm. Call our offices at (631) 910-7493 to find out more.