Bronx Car Accident Lawyer
If you were involved in an auto accident and it was not your fault, it can seem incredibly unfair. You may be facing vehicle repair bills, medical bills, and other damages, all because of someone else’s mistakes. Our lawyers work to set that right, get you paid for your damages, and help you move forward with compensation for what happened to you.
Our attorneys can take your call, help you understand your next steps, and represent you in claims against at-fault drivers, transportation companies, insurance companies, and auto manufacturers to get you the damages you need after a serious crash. We also know all the ins and outs of how insurance companies try to restrict your claims and lower your damages, and we are prepared to fight these tactics.
For a free review of your car accident case in The Bronx, call the car accident attorneys at The Carrion Law Firm by dialing (718) 841-0083 today.
Can I Get My Crash Covered by Auto Insurance in The Bronx
In most cases, auto insurance will not cover your damages in full. The insurance system we use in New York is a “no-fault” insurance system, which means that you claim your damages for medical bills and lost wages through your own insurance. You are also barred from claiming pain and suffering damages unless you meet certain thresholds. For this reason, you cannot get your case compensated in full if you file an insurance claim only.
Before you can even file an insurance claim or lawsuit against the at-fault driver for your injuries, you have to show that your injuries are considered “serious.” New York law has a broad definition of “serious injury,” allowing lawsuits for any cases involving death, loss of a fetus, permanent injury, significant disability, a broken bone, or any injury that will disable you for 90 out of the coming 180 days.
If you go through your insurance alone, you can claim up to your limit – usually $50,000 – worth of medical bills and lost wages. However, you will also pay a deductible first, and your insurance often covers only part of these total damages: full medical coverage, 80% of lost earnings up to $2,000 per month for up to 3 years, and $25 per day for expenses for up to 1 year. This will automatically leave off the rest of these damages, plus the cost of vehicle repairs, unless you tap into other coverages on your insurance and pay additional deductibles. You also cannot get pain and suffering damages through these payments.
In order to fully compensate your damages, our car accident lawyers have to analyze your case, look for serious injuries, and file a lawsuit or insurance claim against the at-fault driver’s insurance. In that way, we can help you get the rest of your “non-economic” damages covered, including compensation for pain, emotional distress, and the other interruptions in your life that a new injury or disability can create.
How Car Accidents Happen in The Bronx, NY
The streets of The Bronx run the gamut when it comes to types of driving, with multi-lane highways, tight city streets, lazy neighborhood roads, winding back roads, and more. Because of this, all kinds of car accidents are common in The Bronx, including the following types of crashes our car accident lawyers can handle on your behalf:
Rear-End Crashes
When a driver hits you from behind, they are often at fault. This is typically caused by following too closely, a.k.a. tailgating, which is a violation of our traffic code. Because of this violation, the driver who hit you from behind is often at fault, especially if you were stopped when the crash occurred.
There are two major exceptions, however. The first is when the driver in front is backing up. A driver driving in reverse is usually liable when they hit something, especially if they were backing up in a lane of traffic. The second is when the driver in front causes a crash by “brake checking” the driver behind them, which is often considered reckless to do in the middle of a street or on the highway.
Front-End Crashes
Head-on collisions are a bit rarer but a lot more dangerous. These crashes more often result in drivers facing serious injuries, given that two cars driving toward each other essentially double the momentum of the crash. These crashes also more frequently result in ejection from the vehicle, potentially resulting in fatalities.
Drivers only crash head-on into another car when they are going the wrong way down a one-way street, when they are in the wrong lane of travel, or when they cross through a lane of oncoming traffic without yielding. Most of these situations result in fault for the other driver; as long as you were in your lane doing what you were supposed to be doing, you cannot typically be blamed for this kind of crash.
Blind-Spot Accidents
Drivers cannot see everything around them in the car by relying on their mirrors alone. Drivers need to physically turn their heads and look back and to the side to see cars in their blind spots. If a driver changes lanes or tries to merge without checking their blind spot, they can easily crash into you.
The impact of an initial lane-changing or merging accident is often not too severe, given that the cars are going in the same direction, typically around the same speed. The reaction to the crash is often worse, with drivers naturally reacting to swerve away from the car that hit them, potentially crashing into a third car, hitting a wall, leaving the roadway, or losing control entirely. All of this is legally the fault of the driver who initially hit you.
Intersection Accidents
Most crashes happen where two roads meet, and two drivers have to figure out who gets to go first. Basic rules requiring stops at stop signs and red lights are often the laws that govern these crashes, holding the driver who ran a light or sign responsible for the crash. However, there is a bit of a question as to who “got there first,” given that you cannot hit a driver who is stopped illegally in an intersection just because you have a green light; drivers still need to take care not to enter an intersection they cannot safely navigate.
All in all, these cases will come down to who had a green light, who already completed their stop at the stop sign, and who has the best explanation of the facts. The jury cannot go back and witness the accident – unless you have video of the crash – so it is up to the testimony you and other witnesses present to strengthen your claim.
Distracted Driving Accidents
When someone is looking down at their phone, adjusting the radio, finding GPS directions, or reading a billboard, they can easily crash into someone that they would have been able to avoid hitting if they were paying more attention to the road. In many cases, distracted driving is illegal, especially when a cell phone is involved.
Drivers who look away from the road for 4 seconds while driving at 60mph cross nearly the full distance of a football field (352 feet, to be precise) without seeing the road. A lot can happen in that time, and if they cannot see it, they cannot react to it. This makes crashes more serious when drivers do not attempt to brake or swerve, resulting in greater vehicle damage and, if they hit a pedestrian, a higher likelihood of death or serious injury.
Commercial Vehicle Accidents
When car accidents involve commercial drivers, it can open up more possibilities in how you progress your case. The commercial driver can still be held directly liable for a crash they cause, but their employer can often be held liable in their place for anything the driver did on the job, and potentially in their own right under claims of negligent hiring and retention. The trucking company, business, or other company that owns the fleet van or truck might also be liable for any crashes their vehicles cause because of unsafe maintenance.
In addition to traffic laws and other safe driving practices, there are additional rules and regulations in place that affect commercial drivers. This potentially lowers the BAC limit for drunk driving, increases vehicle maintenance and equipment requirements, and demands limits on driving hours. Violations of any of these rules can help you prove that the driver and company they work for are at fault for your crash.
Common Injuries in Car Accidents in The Bronx
Car accidents often cause the following injuries, some of which are minor and some of which are more severe. Our car accident lawyers can help you get compensation for any of these injuries and the effects that they have on your life. Keep in mind that some of these injuries might not qualify as “serious injuries,” though, and it might take more proof of serious harm or multiple injuries to get your case into court or to claim pain and suffering damages.
Whiplash
One of the stereotypical injuries that drivers get in car accidents is whiplash. Damage to the tendons, muscles, and other tissues in the neck can occur because of the way these tissues are stretched out and suddenly retracted again when your head whips back and forth. Whiplash is especially common in rear-end collisions and can even occur in what might otherwise be a relatively “minor” or low-speed crash, but the injury can still result in months of soreness and difficulty returning to work at full capacity.
Cuts, Scrapes, and Lacerations
Unless you suffer very deep cuts or many cuts that result in high blood loss, these injuries are unlikely to be serious enough for a lawsuit. Nonetheless, cuts, scrapes, and lacerations can still result in substantial medical bills, even in minor cases. If you do suffer severe scarring, especially facial scarring, then you could potentially sue for these injuries and seek pain and suffering damages.
Traumatic Brain Injuries (TBI)
If you hit your head during a crash you might suffer concussions and traumatic brain injuries (TBI), even if the impact was cushioned by an airbag. Concussions are considered a form of mild traumatic brain injury (MTBI) and often heal quite quickly, resulting in only temporary confusion, disorientation, and other difficult symptoms. However, if you have a history of concussions, any additional concussions increase the risk of serious harm like CTE (chronic traumatic encephalopathy). More serious TBIs can result in lifelong disabilities and certainly constitute serious injuries.
Back, Neck, and Spinal Injuries
Injuries to the back, neck, and spine can often be considered long-term or serious injuries. Any damage to the bones or tissue in the back or neck can make it hard to move around, cause pain while bending or sitting for long times, and result in long-term care needs. Damage to the spinal cord itself can result in numbness, motor control issues, and even total paralysis.
Broken Bones
Broken bones can range in severity, with some being moderate injuries that heal in 4-6 weeks and others requiring surgery, long healing times, physical therapy, or even permanent disabilities. If the bone was shattered into multiple pieces or if you broke a weight-bearing bone, you may need pins, screws, and rods to put the bones back in place and help you heal, resulting in additional surgical costs. Broken collar bones, hips, vertebrae, and skulls also take longer to heal, and skull and spinal fractures may result in brain and spinal cord injuries. Broken ribs can also puncture internal organs like the lungs.
Internal Damage
Damage to your organs and internal bleeding can be difficult to identify at first after a car crash, but EMTs often know the signs and symptoms to keep an eye out for. It is important to listen to the emergency responders and seek additional medical care if you need it, especially if you hit your head and may have internal bleeding in your brain. If you are released but notice additional symptoms appearing in the hours after a crash, seek treatment at a hospital immediately. Often, surgery and intensive medical care are needed to keep you from dying or facing worse harm.
How Much is My Bronx Car Accident Case Worth?
Identifying the value of your specific case requires us to look into the facts of your case, go over your bills and expenses, and take a deep dive into the financial effects of your case. As such, we cannot tell you how much your specific case will be worth. We can, however, explain some of the major damages involved in car accident cases so that you can begin estimating what your case might be worth.
Car accident cases are automatically worth more if they involve “serious injuries,” as discussed above. This opens access to a claim for pain and suffering, emotional distress, and other “non-economic” damages that you cannot claim without serious injuries. In addition, your pain and suffering damages are higher the more serious an injury is. For example, if you faced serious facial scarring, paralysis, or a permanent disability because of the crash, that will result in more pain and suffering than a temporary disability that results in months away from your daily life, which will, in turn, result in higher damages than a short-term injury.
Medical bills, vehicle damage, and other economic injuries can often be estimated quite easily, given that you already have the bills in hand. However, it is important to think about other economic damages that might add on to increase the value of your case. Did you require alternative transportation while your car was damaged? Did you need childcare while you were in the hospital? Do you need replacement services around the house while you cannot do chores? Did your spouse suffer losses because of your injury? All of these can drive up the value of your case.
In many serious cases, the $50,000 that your no-fault insurance might cover is ultimately enough, but remember that this insurance does not cover pain and suffering damages, deductibles, or un-covered portions of medical bills and lost wages. More serious cases will require a lawsuit to recover full damages.
How Long Does it Take to Get Paid for a Car Accident in The Bronx?
Getting back to your normal life quickly after a car accident is something our lawyers certainly want to help you with, but the reality of the insurance and legal systems we have in New York is that full compensation can often take a while. Many insurance claims can be paid quickly, allowing you to get some damages from your own insurance to cover bills and lost earnings right now while you claim the rest of your damages against the at-fault driver and their insurance. However, this might still mean waiting at least 6 months for damages in your case – more if the case is more serious or more complex.
Accepting any money from the defendant or their insurance company might be considered a “settlement” that ends your case and prevents you from getting more damages, but you may be able to get your own first-party benefits without abandoning your claim against the at-fault driver. However, it is important to review any papers and payments with your lawyers before accepting them.
Insurance companies often use this delay in damages to push victims into settling their claims cheaply, given that some money now might be better than all of the money later, especially if you are strapped for cash in the meantime. Our lawyers, however, can impress upon the insurance company how strong your case is and negotiate for a fair settlement that may get you what you need faster.
Our lawyers can also take other legal steps to try to reduce delay, get documents and responses in quickly, and aggressively push for the damages that you need, ideally pushing the process to go as fast as it can. However, crowded court schedules might ultimately push your trial date out beyond our control. Even while you await trial, you can still often get the medical care you need and claim the cost of those services and lost wages as part of the ongoing case.
Other Insurance Coverages for Drivers in The Bronx
When you choose your car insurance and pick a policy, there are many optional coverages that might help you get paid after a car accident, some of which are totally optional and only kick in in niche circumstances.
One coverage that might be important is UM/UIM coverage – uninsured motorist and underinsured motorist coverage. This coverage kicks in if you are hit by a driver who either does not have insurance or has insurance that does not cover your full damages. You can instead file with your own coverage to pay for what they cannot, potentially including pain and suffering. This coverage can also kick in after a hit and run when the driver cannot be located. NY law requires drivers to have UM/UIM at the same state minimum levels for liability insurance: $25,000 per person for injury, $50,000 per accident for injury, $50,000 per person for death, $100,000 per accident for death, and $10,000 per accident for property damage.
Other first-party benefits like medpay and comprehensive vehicle coverage might also be available. This supplements the initial $50,000 of coverage to help pay for additional medical care beyond what your regular no-fault policy covers. Remember that your no-fault policy typically has a cap of $50,000 but only pays for medical bills and 80% of lost earnings and that it has a cap of $2,000 per month in lost earnings for up to 3 years and $25 in daily expenses up to 1 year. An additional $25,000 is a typical option insurance companies are required to offer, though other first-party benefits might fill additional gaps in coverage, too.
At the end of the day, even with the most comprehensive – and thus most expensive – coverage available, you may still need to file a claim against the at-fault driver to get pain and suffering, your deductibles, and other un-covered damages paid for.
Call Our Car Accident Lawyers in The Bronx Today
If you were hurt in a crash, call (718) 841-0083 today to discuss your case in a free review with the experienced car accident attorneys of The Carrion Law Firm.