Being in a car accident is one of the worst events that can happen to someone. In addition to major injuries that cause pain and suffering, a victim can expect to lose time from work and the earnings that go with it. In some cases, a car accident victim is unable to return to their previous line of work and will experience a decrease in their quality of life.
If your car accident was the result of someone else’s negligent conduct, you may have the right to seek monetary compensation for your losses. Find out how Yaqubie Law can help.
How Do Car Accidents Happen?
A car accident victim has the burden of proving not only how a car accident happened but why, and how it points to negligence on the part of the defendant. For that reason, it helps to understand some of the most common causes of these wrecks. Among them are:
- Drunk driving: Driving while intoxicated is illegal, but it is also against the law to drive under the influence of drugs. These include prescription medications that interfere with the safe operation of the vehicle.
- Distracted driving: There are more distractions than ever, with texting and cell phone use being among the most prevalent. Anything that takes a driver’s focus away from the road can cause a car accident.
- Fatigued driving: A motorist who does not get enough sleep is comparable to a drunk driver, due to decreased reaction times and loss of focus. If a driver has not had enough sleep then they should not get behind the wheel.
- Speeding: Driving over the speed limit remains one of the most frequently cited causes of car accidents and can lead to severe, sometimes fatal collisions. But a driver may also be deemed negligent for driving too fast under the conditions (e.g. during rain or heavy traffic).
- Traffic law violations: There are many other examples of violating traffic laws that can cause a wreck. Failure to yield, running a stop sign or traffic light, and following too closely are only a few examples.
- Bad weather: Poor weather accounts for numerous car accidents each year, and it should prompt a driver to slow down and drive more cautiously. Snow, ice, and rain are common weather situations that can trigger serious car crashes.
- Road defects: Bad road designs and lack of proper maintenance are sometimes to blame. Government entities and construction crews can be held liable for these accidents.
- Vehicle defects: In many cases, the accident is the fault of automobile manufacturers who designed and built a dangerous vehicle. Defects can also point to inadequate repair work by a mechanic or other third party.
Who May Be Held Liable For a Car Accident?
It’s important to understand not only how the car crash happened but who can potentially be held responsible for it. Potential defendants in a car accident claim include:
- Other drivers
- Passengers
- Truck drivers and trucking companies
- Bus drivers
- Public transportation entities
- Governmental entities
- Construction crews
- Automobile manufacturers
- Vehicle parts suppliers
- Repair shops and mechanics
- Bars and restaurants that serve drunk drivers too much alcohol
Some car accidents are not the fault of just one party. For instance, a driver may have been speeding, but then applied the brakes only to have them fail due to faulty design. The more parties who are identified as potential defendants, the more likely it is that you will win the compensation you need to recover.
What Damages Can I Claim?
Compensation for a car accident comes in the form of damages, which vary in both nature and amount from one case to another. In most situations, drivers can ask for damages that cover the following:
- Medical bills: These include current medical expenses such as ambulance care, hospitalization, surgery, prescription medication, lab tests, and more.
- Future medical bills: Reasonably projected future medical needs can also be addressed in your legal damages, and may cover adaptive medical equipment, follow-up treatments, and other costs.
- Long-term care: If your accident is serious enough then you may need rehabilitation, physical therapy, long-term disability, and nursing care.
- Lost income: During your recovery you will miss time from work and, with it, potentially substantial earnings.
- Lost earning capacity: Your car accident may cause you to permanently lose the ability to work at the same productivity level or in the same career, which means lost future earnings, bonuses, benefits, retirement, and more.
- Non-economic damages: Certain damages are categorized as “non-economic,” which means they are not determined by a set financial calculation. Examples include pain and suffering, emotional distress, and loss of enjoyment of life.
- Property damage: The cost to repair or replace your vehicle and any other personal property lost in the accident should also be covered.
How Can Yaqubie Law Help Me?
When hiring an attorney, first and foremost on your mind is retaining someone who knows the law surrounding car accidents. We have extensive experience representing clients in all manner of car crashes because we have a strong working knowledge of the various laws that apply. We also understand the rules that govern lawsuits and court proceedings such as those concerning civil procedure, discovery, evidence, and local court rules.
We will handle all communications with insurance companies and lawyers who represent the at-fault parties. This includes representing you during mediation. Mediation is an out-of-court settlement procedure whereby a neutral mediator facilitates discussions among the parties to try to reach a settlement. Most car accident cases settle without the need for trial, usually through mediation. During this process we can advise you of the benefits of accepting a settlement offer versus the risks of going to trial.
Whether you settle your case or ask a court to award you compensation, it is important to get the amount right because you will not have another chance to ask for more money later. To that end, we have a reliable network of expert witnesses who can calculate a fair value of future damages to ask for. If a trial is necessary, we will take your case before a jury and demand the maximum amount of compensation allowed under the law.
Steps To Take After a Car Accident
To ensure that you don’t jeopardize your car accident claim, we recommend doing the following:
- Call 911 and report the accident
- Seek immediate medical attention for yourself and any passengers
- Do not apologize (even if you think the crash was your fault) and limit what you say to the at-fault driver
- Talk to any witnesses at the accident scene and get their contact information
- Take pictures and record videos of the accident scene and damage to your vehicle
- Make personal notes about the accident, including the events leading up to and right after it
- Follow your doctor’s instructions and see any specialists to whom you are referred
- Speak with an experienced car accident lawyer
Contact Our Garden City Car Accident Attorney
It’s important that you don’t wait too long to initiate your car accident claim. Most cases are subject to a three-year statute of limitations, while crashes involving claims against the government fall under a much shorter deadline. Protect your right to the compensation you deserve by reaching out to a knowledgeable car accident lawyer. Call Yaqubie Law today.
Yaqubie Law, located in Garden City, also serves Manhattan, Brooklyn, Bronx, Queens, Staten Island, Syosset, Nassau County, Suffolk County, Long Island, and the greater New York area.