Even when you are as careful as you can be while driving, other negligent drivers might still cause an accident. When this happens, you can hold them civilly liable for the injuries they caused and the expenses you incurred.
Car accidents may happen almost anywhere on the road at any time. If other drivers are on the road, you are at risk of an accident. Traffic violations like running red lights or speeding are common causes of car crashes. In New York, drivers must first submit an insurance claim with their own personal injury protection (PIP) insurance. This is no-fault insurance, which means it does not matter who caused the accident. You will still be covered even if you share some fault. You can file a lawsuit only if your case meets the “serious injury” threshold under New York law.
After being injured in a car crash, you can speak with our Corona, Queens car accident lawyers about your legal options and how to get compensation. For a free review of your case, call The Carrion Law Firm at (718) 841-0083.
How Car Accidents Occur in Corona, Queens
It is important to speak with your lawyer about how your accident happened as soon as possible. Understanding how your car crash happened helps your lawyer determine who should be liable for your injuries. There may be any number of causes of car accidents, and one or more people may be held liable.
Perhaps some of the most significant causes of car accidents in New York are traffic violations. A traffic violation is an action or lack of action by a driver that goes against traffic safety laws. For example, running red lights, failing to stop at stop signs, speeding, and failing to use signals are all traffic violations that may lead to serious accidents. If the other driver was issued a traffic citation in connection with the accident, our Corona, Queens car accident attorneys can use the citation as evidence in our case.
Bad road conditions can also cause serious accidents. When the weather is rainy, or there is snow and ice on the road, drivers must be extra careful. A driver owes a legal duty of care to drive with reasonable safety under the circumstances. When the circumstances (i.e., road conditions) change, so must the driver’s driving. Drivers who fail to adjust to poor road conditions may be liable for an accident.
Distracted driving is a leading cause of crashes in the entire nation. With things like cell phones and other communication devices now compatible with our cars, it is easier than ever to become distracted behind the wheel. If the other driver was texting, talking on the phone, or fumbling with their GPS, they might cause a crash. Other distractions include eating, applying makeup, searching for dropped items, and talking to passengers.
Can I File a Lawsuit and an Insurance Claim for a Car Accident in Corona, Queens?
New York is a no-fault insurance state when it comes to car accidents. Under this rule, all drivers involved in accidents must first file insurance claims with their own insurance provider. This is usually done through their personal injury protection (PIP) insurance, and there is no need to prove who is at fault. PIP insurance generally covers medical expenses, but other damages might be more limited, depending on your policy.
Suppose your PIP insurance does not cover all your damages. In that case, you can file a personal injury lawsuit against the other driver if you meet the “serious injury” threshold under ISC Law § 5104(a). Under this law, you must file a claim with your insurance, and a lawsuit is only permissible if your injuries are considered serious.
The definition of serious injury can be found under ISC Law § 5102(d) and includes the following conditions:
- Death
- Dismemberment
- Significant disfigurement
- Broken bones
- Loss of a fetus
- Permanent loss of a bodily organ, member, function, or system
- Permanent limitation of a bodily organ or member
- Significant limitation of bodily functions or systems
- Medically determined impairment that prevents you from performing substantially all your normal daily tasks and functions
If your injuries meet at least one of the above criteria, our Corona, Queens car accident attorneys can help you file a lawsuit against the negligent driver.
What You Should Do Following a Car Accident in Corona, Queens
You should immediately call for help after a car accident. Even if you think the accident is not very serious or your injuries are not severe, you may be required to call the police. Just to be safe, you should also call for an ambulance or at least get yourself to a hospital soon after the crash. This is important not only for your overall health and wellbeing, but it is also necessary to establish medical records of your injuries that we can use later as evidence.
Your next step should be to gather any evidence you can while still at the crash scene. Law enforcement cleans up car accident scenes rather quickly, and important pieces of evidence might be lost. Take photos or record videos of the scene to preserve as many details as possible. These recordings may be used as evidence in a trial or for insurance purposes.
Finally, you should call an attorney as soon as possible. The sooner you contact a lawyer about your case, the sooner they can get started on your insurance claims and possible lawsuit. Even if you are unsure you want to pursue legal action, you should at least speak to a lawyer about your legal options before making a final decision. Our Corona, Queens car accident lawyers can help you through this difficult time.
Call Our Corona, Queens Car Accident Lawyers
If you were injured in a car crash, you deserve compensation and justice. Our Corona, Queens car accident lawyers can help you get both. You may have several legal options at your disposal. Call (718) 841-0083 to schedule a free case review with our The Carrion Law Firm team.