Bronx Car Accident Lawyer
Residents of the Bronx often work in other parts of the city and have to commute around the city, whether in their own cars or by Uber or taxi. Others have cars for weekend errands, trips out of the city, and other needs. In the Bronx, car accidents can happen in the blink of an eye, potentially altering the lives of victims and others affected by the crash. That’s where our lawyers come in.
The Bronx car accident lawyers at The Carrion Law Firm work to help victims of car crashes get the compensation they need for injuries and other damages after accidents. Our lawyers provide aggressive, strategic, compassionate representation to help victims and their families get what they deserve from insurance companies and at-fault drivers. Call us today to set up a free case consultation and learn more. Our phone number is (718) 841-0083.
How to Tell Who Is at Fault for a Car Accident in the Bronx
The laws of New York State and New York City dictate who is at fault after a car accident. Traffic laws are to be followed by everyone on the road, and whether you are driving a car, a truck, a bus, or even a bicycle, you are required to follow these rules. In most car accident cases, you determine who is at fault by looking at who violated which traffic laws.
In any injury case, you typically file lawsuits for “negligence” instead of having to prove that the other driver intentionally did something to injure you. This means showing that they violated some legal duty that they owed you – such as the duty to follow various traffic laws. This means that if one driver was speeding, running red lights, texting and driving, or driving under the influence, then the other driver is usually deemed the victim under NY law.
Assigning Blame to Drivers
In many cases, it is difficult to tell who broke the law – or it is apparent that both drivers did something wrong, and the case becomes a question of whose driving was worse or more dangerous. When there are questions of who did what, the case can usually go before a judge and jury to decide who is at fault. Both sides will present their cases, and the victim will need to provide proof to show that the other driver was at fault. This usually means testifying as to what happened in the crash and having your lawyer argue that the facts show the other driver was at fault.
A jury can rule in your favor even if you might have done something wrong to contribute to the crash. The law in the Bronx and throughout the rest of New York does not require that victims need to be 100% innocent to claim damages. Instead, the court will assign a percentage of fault to each driver involved in the crash, and they will be responsible for that share of damages. That means that even if you were 25% responsible – e.g., because you were adjusting the radio or driving 10mph over the speed limit when the crash occurred – the court will still order the other driver to pay you 75% of the damages the crash caused you.
Calculating Car Accident Damages in the Bronx
While courts can assign proportional fault to each driver involved in the crash, it is important to understand how they calculate total damages in the first place. The general scope of what damages are available in a car accident injury case are laid out under the law. In the Bronx, you can claim damages for nearly any economic harms you face because of the crash, including lost wages if the injuries keep you out of work, medical expenses you incurred due to your accident, and other economic harms like transportation expenses, auto repairs, childcare costs, home care costs, and more. You can also claim damages for non-economic effects, such as emotional distress, pain and suffering, and mental anguish. These damages might be limited in some cases, so talk to a Bronx car accident lawyer about which damages you are allowed to claim.
The court will first learn of what damages you faced because you will have to list them in your complaint. When you file your case, the complaint will include a list of the total values you are claiming for injuries. From there, you will provide evidence – medical bills, financial records, testimony from financial experts, etc. – to prove these amounts.
In many cases, the defendant will end up settling the case with you. This sometimes changes the amount you get in the end because both sides end up saving money by skipping trial. Your lawyer can help you understand how to calculate settlement amounts and determine whether a settlement offer is fair before you make any decisions to settle.
When to Contact a Bronx Car Accident Lawyer
You should always contact a lawyer as soon as you can after a car accident. Our Bronx car accident lawyers can work quickly to get pictures of the crash scene, preserve any camera footage that might have caught the accident, and get statements from witnesses and police. In most cases, you have 3 years to file your case, but it is better to file your case much sooner than that.
Call Our Bronx Car Accident Attorneys Right Away for a Free Case Consultation
If you have been injured in a car accident in the Bronx, call The Carrion Law Firm right away at (718) 841-0083. Our Bronx car accident lawyers handle injury cases for victims and their families, and we offer free legal consultations to get you started on your road to recovery. For a free case consultation, contact our lawyers today.