Greece, NY Car Accident Lawyer – Carrion Law Firm
Traffic accidents are one of the leading causes of personal injury in Greece and across the State of New York. These incidents are almost always attributable to human error. That is why the opportunity exists for victims to pursue compensation. If the injuries are serious enough, this compensation can be had through a lawsuit instead of a simple insurance claim.
To win a lawsuit, you will have to demonstrate that another party caused the accident through their negligent or reckless behavior. Common forms of this type of behavior include tailgating, swerving, failure to account for inclement weather, and drunk or distracted driving.
If you were recently injured in a car accident and believe that you are entitled to compensation, let the seasoned Greece car accident attorneys at The Carrion Law Firm help you. Our services start with a free initial case evaluation when you call our offices today at (718) 841-0083.
Filing a Lawsuit for a Car Accident in Greece, NY
You may be aware that car accident injury victims may be able to file a lawsuit against the party responsible for causing the accident. However, victims considering legal action should be aware of New York’s unique rules about when an accident provides the opportunity for a lawsuit.
New York is one of a small number of states that employs no-fault car insurance system. This system 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. Insurance compensation does not go as far as damages in a lawsuit and will only provide as much as is available through the insurance coverage’s limits.
Exception to the No-Fault System for Car Accidents in Greece, NY
his 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 Insurance Law § 5102 (d) lays out the definition of what types of injuries will be considered sufficiently “serious” 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. A car accident that results in death is also grounds for a lawsuit, but this is usually pursued through a wrongful death lawsuit, which is a different type of action than a personal injury lawsuit.
If you believe that your car accident injuries are serious enough to bring legal action against the person or entity responsible for causing them, reach out to a Greece car accident attorney as soon as possible.
Common Causes of Car Accidents in Greece, NY
Driving creates a number of different hazards that could lead to an accident. However, there are certain negligent and reckless practices behind the wheel that account for more traffic collisions than others, such as those listed below. If you were involved in an accident caused by another driver engaging in any of these practices, contact a Greece car accident lawyer as soon as possible.
Swerving
Drivers who become impatient or frustrated behind the wheel may make erratic lane changes without signaling. This behavior can make the roads and highways more dangerous for everyone. Dangerous swerving is particularly common in high-traffic areas, especially during rush hour.
Tailgating
Another dangerous driving practice that is more common in traffic is tailgating. Tailgating is when a driver fails to leave an adequate gap in between their vehicle and the one in front of them. It is important that drivers give themselves enough time to stop or slow down in the event of changing traffic patterns up ahead. That is why, in the vast majority of rear-end collisions, the driver of the rear vehicle is found to be at fault for causing the accident– and liable for the consequences.
Texting and Distracted Driving
Drivers who use smartphones to text, e-mail, or surf the web behind the wheel can have their focus drift from the road. If this happens, even for a second, it creates the opportunity for an accident. Texting while driving is a crime in New York, but it is also grounds for assigning fault in a serious car accident.
Weather
It is naturally harder to drive when inclement weather causes slick driving surfaces and decreases visibility. However, just because weather conditions played a role in the accident does not mean that all drivers are free of liability. Drivers in Rochester are responsible for adjusting their driving behavior to account for how these weather conditions might affect their ability to safely operate their vehicle, including stopping, turning, and visibility deficits.
Driving Under the Influence
Drunk driving numbers are down across the State of New York since the beginning of the COVID-19 pandemic, so the fact that drunk drivers still account for the highest rate of traffic fatalities annually should show that this is a serious problem every year. If you are involved in an accident with an intoxicated driver, that driver will almost always be the one at fault.
The Carrion Law Firm Can Help You Recover Compensation After a Car Accident in Greece, NY
When you contact the experienced Greece car accident attorneys at The Carrion Law Firm, you can receive a free initial case evaluation. Call our offices at (718) 841-0083 to learn more.