After an accident, you can file insurance claims in the hopes of getting your damages paid for. Insurance can be a complicated endeavor, and it might not work in your favor. If insurance does not meet your needs, you can file a lawsuit against the driver who caused the accident. Because Long Island is subject to New York’s no-fault system, victims can only sue if they meet the serious injury threshold. Compensation in car accident lawsuits can cover economic and non-economic damages. It is important to feel your claim in the right court and by the proper deadline so that you do not miss your opportunity for recovery.

For a free and confidential analysis of your case, call The Carrion Law Firm’s Long Island car accident lawyers at (718) 841-0083 today.

Common Causes of Car Accidents in Long Island

A great number of car crashes happen because of negligent drivers’ actions. Our Long Island car accident lawyers can help victims determine if their collision stems from one of the following causes:

Improper Lane Changes

Many car accidents happen because motorists commit improper lane changes. An improper lane change can happen when a driver fails to use their turn signals or tries to change lanes in an illegal zone. Crashes caused by improper lane changes frequently happen on busy highways and crowded urban streets. Victims of such accidents may be entitled to financial compensation.

Speeding

Speeding is also a common cause of Long Island car accidents. Drivers who travel at high speeds will have trouble avoiding collisions when cars in-front of them have to turn or slow down. Further, accidents that happen at high speeds have a higher propensity to cause serious injuries. Our Long Island car accident lawyers can help gather evidence to prove that speeding drivers are at fault.

Distracted Driving

Additionally, many car accidents happen because of careless acts committed by distracted drivers. Motorists can become distracted when they take their eyes off the road, hands off the wheel, or mind of the task of driving. The following are examples of distracting activities:

• Eating or drinking
• Talking to passengers
• Texting
• Talking on the phone
• Entering information into a GPS
• Playing music on a mobile device
• Viewing social media on a mobile device

There are many other examples of activities that can distract drivers. Furthermore, some activities, like texting, can involve multiple types of distraction. Victims of accidents caused by distracted drivers can contact our attorneys for help taking the appropriate next steps.

Tailgating

Tailgating is another careless activity committed by at-fault drivers in Long Island. Tailgating occurs when a driver is travelling too closely behind the vehicle in-front of them. Like speeding drivers, tailgating drivers may also be unable to avoid a crash if the car in-front of them has to brake. Such accidents often occur on highways during periods of high traffic congestion. Victims can contact our experienced Long Island car accident lawyers for guidance on the road to recovery.

Improper Left Turns

Many accidents in Long Island happen because drivers commit improper left turns. When drivers fail to yield the right-of-way when making a left turn, catastrophic collisions can occur. Fortunately, our attorneys have experience representing victims of such accidents.

Drunk Driving

Lastly, drunk driving is a common cause of car accidents in Long Island. Drunk drivers pose a great danger to themselves and other motorists on the roadway. Our lawyers can help hold drunk drivers responsible for crashes they cause.

Where Do Most Car Accidents Occur in Suffolk and Nassau Counties?

A recent study from the Institute for Traffic Safety Management and Research found that Suffolk County had more deadly car accidents in 2020 than anywhere else in New York. Nassau County was not far behind and ranked third behind Suffolk County and Queens.

The Long Island Expressway (LIE) spans almost the entire length of Long Island and is a common location for car accidents. Other roads and highways where accidents are frequent occurrences include Jericho Turnpike, Hempstead Turnpike, and Sunrise Highway.

The location of your accident is important to remember because it might determine the court in which you can file your lawsuit. If your accident happened in Suffolk County, our attorneys can help you file a case in a Suffolk County court. The same goes for accidents that occur in Nassau County.

Compensation for Victims of Car Accidents in Long Island

If you were injured in an auto accident in Long Island, you may be entitled to recover compensatory damages in a lawsuit. Such damages can cover costs associated with your injuries and those related to your pain and suffering.

Economic Damages

New York does not impose any limits on victims’ recovery of economic damages following motor vehicle accidents. If your injuries permit you to sue, you must submit proof of your financial losses. This will include things like records of your lost wages and medical bills. If you have incurred additional expenses because of another driver’s negligence, be sure to keep track of those losses as well.

Non-Economic Damages

Personal injury protection insurance does not cover damages associated with pain and suffering. If you wish to recover non-economic damages following a crash in Long Island, you must file a lawsuit. To prove your need for non-economic damages, our lawyers will use statements from medical experts or mental health professionals. These experts can explain the long-term emotional consequences of a severe auto accident. Victims can also use statements from close friends and family to help illuminate the mental and emotional challenges they have faced in the aftermath of a car crash in Long Island. There is no limit on recovery of non-economic damages for victims in New York.

Punitive Damages for Car Accident Victims in Long Island

Unlike compensatory damages, punitive damages are not intended to make victims whole again after auto accidents. Instead, they are used to punish defendants for acting with gross negligence.

New York allows for punitive damages in car accident cases. To recover punitive damages, you must establish that a defendant acted without care for others around them. For example, driving under the influence of drugs or alcohol can constitute gross negligence. As can other acts, such as speeding through an area with a high concentration of pedestrians. If you can prove that a defendant acted with gross negligence when causing your accident, you may be able to recover punitive damages.

Like compensatory damages, punitive damages are not capped in Long Island. However, victims should understand that recovery of punitive damages is only a possibility if they go to court. If you are successful in your claim, the judge or jury for your case may award punitive damages.

Common Car Accident Injuries in Long Island

Certain injuries occur more often than others in car accidents. While some injuries might appear minor at first, others are immediately obvious and require instant medical attention.

Depending on the type of auto accident you were involved in, you might be likely to sustain certain injuries. For example, whiplash commonly occurs during rear-end collisions. You might be pushed forward quickly, causing a harsh back-and-forth motion of your neck. This can result in a soft tissue injury. Even though whiplash can present as normal aching after an accident, it can worsen if left unattended, requiring physical therapy or other treatments.

Other common car accident injuries in Long Island include head injuries, fractures, back injuries, broken noses, eye injuries, sprains, spinal cord injuries, and internal injuries. Delayed soreness, bruising, or pain might indicate a more serious injury.

Because many car accidents involve severe impacts, victims should act as though they are seriously injured and seek immediate medical care, even if they are unsure of the extent of their injuries. This will allow you to begin building medical evidence of your injuries from the moments after a crash. Our lawyers can then use your medical records to confirm that your injuries were the result of a negligent driver’s actions and warrant compensation.

Calling the Police After a Car Accident in Long Island

Any time a person is injured in an auto accident in Long Island, the police must be called. Not only is this required by law, but it is necessary for the success of your future compensation claim against a negligent driver.

Calling law enforcement after a car crash is of the utmost importance. While you are getting the necessary medical care from paramedics, police officers can record all pertinent information about the collision. This will include details about the cause of the accident and all involved parties. Our car accident lawyers can obtain the police report for your accident and review it for any information that might help your claim.

Certain parts of police reports, such as opinions or conclusions made by officers, are admissible as evidence in car accident lawsuits in New York. So, in calling the police, you can properly document your crash and begin building evidence against an at-fault party.

Obtaining Photographic Evidence for Your Long Island Car Accident Case

Certain evidence, such as photographs and surveillance footage, can be invaluable in a claim for compensation following an auto accident. Our lawyers can help you obtain such evidence and use it to prove a defendant’s fault for your injuries.

To start, you should take photos of your physical injuries following a crash. If you cannot, ask eyewitnesses or emergency personnel to do so for you. In addition to photographing your immediate injuries, you should also take pictures of the accident scene and property damage. Police officers might do this as well and include such photos in a crash report.

In the days following your accident, our lawyers will seek to uncover additional photographic evidence. We will contact owners of nearby security cameras to request access to the footage. We will also speak with eyewitnesses to obtain any photos or videos they might have taken using their personal electronic devices. If photographic evidence is unavailable, statements from eyewitnesses can be similarly effective.

Filing a Claim for Car Accident Injuries in Long Island

If your car accident involved another driver, you may file a claim with their insurance or your own, depending on what damages you want covered. New York requires all drivers to meet certain minimum insurance requirements. This includes personal injury protection (PIP), liability insurance, and uninsured motorist insurance.

New York’s insurance laws create a no-fault system where each driver’s PIP insurance covers their own medical damages. While medical damages are covered to a certain extent, vehicle damage is not, and you must file a third-party claim with the other driver’s liability insurance.

Uninsured motorist insurance is meant to protect you in case of a hit and run accident or if the other driver has no insurance.

Our car accident lawyers can analyze your case and determine what kind of insurance claim you have. At that point, we can file a claim with your insurance or against the other driver’s insurance and negotiate the case to help you get the damages you need. Because of the no-fault system in New York, victims can only sue if their injuries meet the serious injury threshold as defined by I.S.C. Law § 5102(d).

Should You Settle a Car Accident Case or Go to Trial in Long Island?

Suppose your negotiations with the insurance company do not get you the damages you need. In that case, you should speak with a lawyer to discuss options for more aggressive negotiations and the possibility of taking your case to court to get compensation. Often, filing a lawsuit can put pressure on the insurance company to pay you the damages you need rather than facing the extra costs of going to trial.

When you try to settle your case through the insurance companies, the damages you are offered might not cover your full damages. Usually, insurance companies will try to keep settlements low, and they may offer to cover only a certain percentage of damages for medical bills and lost wages.

When you go to court, you may be able to claim the full value of these economic damages. In addition, you could be entitled to claim compensation for pain and suffering and other non-economic damages. This could increase the overall payout in your case simply by going through the courts instead of an insurance claim.

Ultimately, your damages may be reduced if you settle your case by accepting an insurance payout or by negotiating an out-of-court settlement with the other driver and their insurance company. This reduction could account for the money you save by skipping the expenses and extra legal fees necessary to go to trial, and the trade-off may be worth it. Regardless, our attorneys can help you reach a fair settlement. If not, we can help you take your case before a judge and jury at trial.

Determining Fault in Long Island Car Crash Cases

If you are going to file a car accident lawsuit against the other driver, it will be up to you and our lawyers to prove that they were at fault before a court. The law looks at a few elements to determine who is at fault, and it is important for you to prove each of these elements in your case.

First, the court will need to see evidence of some legal duty that a driver owed you before they can be held accountable. On the road, drivers typically have a duty to drive as safely as any other reasonable driver would under the same conditions. The traffic code helps fill in these duties.

Second, you must show the other driver breached or violated their duty of care. Traffic violations such as speeding, drunk driving, or texting while driving could be considered breaches. Once the breach of duty is shown, you have to prove that the driver’s mistake was what actually caused your crash.

Lastly, you need to prove what damages you faced – injuries, lost wages, medical expenses, therapy bills, mental anguish, etc. – and how much they cost. Our lawyers can help you calculate damages by reviewing your incurred expenses.

Defendants in car accident cases usually try to reverse the blame and say that victims were the ones at fault, not them. When that happens, the court can analyze fault by assigning a percentage of blame to each driver in the accident. If the court finds that you were indeed partly at fault, that does not stop you from getting compensation.

New York follows a rule of pure contributory negligence under C.V.P. Law § 1411. This rule reduces a victim’s damages so that the defendant only pays for their share. For example, the court could find the defendant 80% liable for $100,000 in damages, and they would pay you $80,000 in damages (you would essentially pay for the other $20,000 yourself or through your insurance company).

Understanding New York’s No-Fault Insurance Laws for Long Island Car Accidents

New York follows no-fault car insurance laws. Accordingly, in many cases, injured motorists must pursue damages from their own insurance companies after crashes. When seeking compensation from their own insurers, car accident victims may only pursue monetary damages related to the lost income and medical expenses they incurred. Our Long Island car accident lawyers can help insurance claimants recover the full amount of benefits available to them.

Under certain circumstances, other, negligent drivers can be held accountable for damages related to collisions they cause. In order for a victim to file a car accident lawsuit against another driver, they must have sustained one of the following types of harm:

• Bone fracture
• Substantial disfigurement
• Permanent restriction of use of a body part or organ
• Substantial restriction of use of a body system or function
• Significantly full disability that persists for a minimum of 90 days

If a victim is able to file a car accident lawsuit against another driver, then they may be able to recover several forms of economic and non-economic damages that are unavailable to those seeking compensation through insurance claims. Our experienced Long Island car accident lawyers can help injured drivers determine if their injuries fall into one of the previously mentioned categories.

How to Get a Police Report for a Car Accident in Suffolk and Nassau Counties

After a car accident, you should contact the police to report the crash. According to the New York Department of Motor Vehicles, you are legally required to report any crash involving more than $1,000 in damage to people or property. Once reported, the police may investigate and issue an official accident report. Our attorneys can review your police report with you and help you decide what steps to take next.

Suffolk County

Car accidents in Suffolk County are handled by the Suffolk County Police Department (SCPD). The SCPD makes accident reports available online through BuyCrash.com. To download a report, you have to pay a convenience fee in addition to the cost of the report. You can avoid this fee by going into the SCPD headquarters located at 30 Yaphank Avenue Yaphank, NY 11980 (631) 852-2677.

Car accident reports are usually not immediately available. You might have to wait until the police finish their investigation and write the report. How long you end up waiting will depend on how long the investigation lasts. Our lawyers can help you get in touch with the SCPD and ask if your report is ready.

Nassau County

If your car accident happened in Nassau County, the Nassau County Police Department (NCPD) will likely handle your case. As such, the NCPD will be responsible for issuing an accident report, which you can obtain for your insurance or other purposes.

Accident reports from the NCPD may be available online. The NCPD’s website will direct you to the digital portal where you can download your report. You can also order an accident report directly from the New York State Department of Motor Vehicles. Keep in mind that there is a $7 search fee and a $15 report fee to download your report from the DMV. The Nassau County Police Department is located at 1490 Franklin Avenue Mineola NY 11501 (516) 573-7524.

In addition to this address, there are several police precincts located throughout the county. If you do not want to obtain your report online or perhaps you do not have internet access at home, our attorneys can help you. There are other ways of getting a crash report, and our team can help you obtain yours.

Filing a Lawsuit for a Car Accident in Suffolk and Nassau Counties

When filing a lawsuit after a car accident, it is of the utmost importance to file your case with the right court. If a person mistakenly files their case in the wrong court, the court will reject the claim, and they must refile with the right court. If the court accepts the case by mistake, this could create serious complications, potentially including challenges on appeal. If the 3-year statute of limitations for personal injury lawsuits has run out, you might not be able to refile in the right court. When you talk with our lawyers about your case, we can help you figure out the appropriate court in which to file.

Suffolk County

Where you file your lawsuit depends on how much money is at stake in your case. Generally, county courts may hear civil cases worth up to $25,000. If your damages exceed this limit, you may have to file with your local Supreme Court.

The Suffolk County Court is located at Cromarty Court Complex Criminal Courts Building 210 Center Drive Riverhead, NY 11901.

To contact the court by phone, you can call the civil office at (631) 852-2127.

The Suffolk County Supreme Court has several locations, with two in Riverhead and one in Central Islip. The addresses for each court are as follows:

• Alan D. Oshrin Supreme Court Building 1 Court Street Riverhead, NY 11901
• Arthur M. Cromarty Court Complex 210 Center Drive Riverhead, NY 11901
• John P. Cohalan Jr. Court Complex Hon. Marquette L. Floyd Supreme Court Building 400 Carleton Avenue Central Islip, NY 11722

Any questions for the Supreme Court can be directed to (631) 852-2334.

Nassau County

Like Suffolk County, Nassau County has its own County Court and Supreme Court buildings. If your case is valued at less than $25,000, you may file at the Nassau County Court, located at 262 Old Country Road Mineola, NY 11501.

You can also call the court at (516) 493-3710.

Unlike Suffolk County, Nassau County has only one Supreme Court location, making it easier to figure out where you should file your lawsuit. It is located at 100 Supreme Court Drive Mineola, NY 11501 and can be reached by phone at (516) 493-6400.

Car Accident Case Referrals in Long Island

If you have to refer a Long Island car accident lawsuit, our attorneys can help. Get in touch with our experienced Long Island car accident lawyers by calling The Carrion Law Firm at (718) 841-0083 to review a case for free.

Referral from an Attorney in Another Practice Area

The aftermath of a personal injury can be difficult to navigate. Injured parties are not always sure who they should call. If you are contacted about a car accident lawsuit and do not specialize in car crash cases, you can refer the case to our attorneys. Our Long Island car accident lawyers can help evaluate victims’ claims and determine the proper path to compensation.

Referral from an Attorney in Another State

Furthermore, some lawyers are contacted regarding cases that should be filed in states where they are not licensed to practice. Most car accident lawsuits should be filed in the state where the collision occurred. If you were approached by the victim of a car accident that occurred in Long Island, you can refer the case to our Long Island car accident lawyers. Our team can provide plaintiffs with thorough guidance and support.

Our Long Island Car Accident Lawyers Can Help

Call our car accident lawyers at (718) 841-0083 to get a free case evaluation from The Carrion Law Firm.