Injured in a Car Accident? Call Denlea & Carton
Reliable Car Accident Attorney in White Plains, NY
After a car accident, it can be difficult to know where to turn. If you were injured and another driver caused your injuries, you need legal representation to get the recovery you deserve.
At Denlea & Carton, our White Plains car accident lawyers represent individuals who have been injured or killed in car accidents throughout Westchester County. Our experienced legal team has recovered millions on behalf of our clients and will fight hard to get you the compensation you need to fully recover.
Common Causes of White Plains Auto Accidents
The majority of accidents are preventable, caused by inattention or negligence. Unfortunately, tens of thousands of people needlessly lose their lives every year in the United States.
Common causes of car accidents resulting in liability:
- Distracted Driving: According to the National Highway Traffic Safety Administration (NHTSA), over 3,000 people are killed each year as a result of driver inattention. Distracted driving, such as texting or using the cell phone while driving, is not only illegal in most states; it has proven deadly.
- Driving While Intoxicated: NHTSA estimates that one person is killed every 52 minutes, over 10,000 people each year, as a result of drunk driving.
- Excessive Speed: Speeding resulted in an estimated 9,478 fatalities in 2019. Over 30% of those involved in the fatal crashes were males between 15-20 years old.
- Aggressive Driving: Reckless, erratic driving such as following too closely, improper lane changes, and cutting off other drivers leads to thousands of accidents every year.
- Mechanical Failure: Auto manufacturers have been plagued by recalls due to dangerous parts or vehicles. Tires that are prone to blowouts, exploding airbags, and cars with engine issues have all made recent headlines causing serious injury or death to drivers and passengers.
Depending on the circumstances of the accident, you might be entitled to compensation. Recoverable damages can include current and future medical costs, lost wages, property damage, pain and suffering, and more.
What to Do at the Scene of the Accident
After a crash, remember to stay calm. An unexpected collision can be overwhelming, but there are steps you should take to protect yourself and others after an accident.
After a sudden car crash, the full extent of your injuries may not be apparent until hours or even days after the accident. Your body may be in a state of shock from the traumatic event. It is imperative to be seen by a medical professional and continue treatment until released by a doctor.
If you are involved in an accident with injuries:
- Call 911 immediately
- Move to safety if you are able
- Gather information from other parties, including eyewitnesses
- Take pictures of the scene (if you are not seriously injured)
- Contact an attorney
An attorney can help you deal with the at-fault driver’s insurance company and decide how you should proceed if you are unable to obtain full and fair compensation. It is in your best interest to consult with a White Plains car accident lawyer as soon as possible after the incident.
Who is At-Fault in a Car Accident in New York?
In New York, negligence is the central theory behind car accidents and whether someone can sue another person in court because of their injuries. Even if you are partially at-fault, you may still be able to collect compensation.
It is not your job to determine liability. Our White Plains car accident lawyers will conduct an independent, thorough investigation to determine your legal options. The sooner you contact our attorneys; the sooner we can help you get the recovery you deserve.
Legally, negligence has four elements:
- A duty is owed. When someone drives a car, they have a legal duty to drive in a safe manner. For instance, drivers have a duty to pay attention to the road, not to exceed the speed limit, and to stop at red lights.
- The duty is breached. If a driver runs a red light or if they are texting and driving, the legal duty is breached.
- There must be actual damages. In the instance of someone running a red light or texting and driving, at least one other party must have actual damages. The driver must have caused property damage or injured someone. If running the red light caused the driver to hit a car who was legally in the intersection, the damage to the car and injuries to the person or persons in the other car would be actual damages.
- Damages must be caused by the breach of duty. This is known as “proximate cause.” If the driver of either car had a broken arm before the accident, then the accident didn’t cause the broken arm (although it could have made it worse). If that accident caused a broken jaw, that would be a case of proximate cause.
While New York’s no-fault insurance system ensures that your initial medical expenses and certain economic losses are covered by personal injury protection (PIP) insurance, regardless of fault, establishing liability is essential for pursuing additional compensation in cases of serious injuries. Our experienced attorneys provide the guidance and advocacy you need to ensure your claim is handled diligently and effectively.
The Westchester County car accident lawyers at Denlea & Carton conduct comprehensive investigations to establish fault and ensure our clients receive fair compensation. For additional insights, check out our in-depth blog on determining fault in car accidents.
Factors Courts Consider in Multi-Car Accident Cases
Multi-car accidents often involve a chain reaction of collisions and a web of potential contributing factors. When determining liability in these cases, courts carefully consider several key elements:
- Sequence of Collisions: Establishing the precise sequence of events is crucial. Courts will analyze the initial point of impact and trace the subsequent collisions back to their origin. This helps pinpoint which driver’s actions triggered the chain reaction.
- Driver Behavior: Evidence of negligent or reckless driving plays a significant role. This can include speeding, tailgating, distracted driving, impaired driving, failure to yield, and improper lane changes.
- Weather and Road Conditions: Courts will assess whether environmental factors contributed to the crash, such as poor visibility, road hazards, and defective road design.
- Vehicle Condition: The mechanical condition of the vehicles involved can also be a factor. This includes brake failure, tire blowouts, and other mechanical issues.
Car accidents involving multiple vehicles are often complex, with fault shared among several parties. Determining liability in these situations requires a thorough investigation into the sequence of events, ensuring each party is held accountable for their role in causing the crash.
What Car Accident Injuries Can I Receive Compensation For?
While car accidents can result in only minor injuries, many are severe or catastrophic. Catastrophic injuries are debilitating, making it difficult for a person to return to gainful employment or a normal life.
In New York, you may be compensated for the following damages and more after a car accident:
- Medical expenses related to your accident
- Ongoing rehabilitation and assistive services
- Lost wages or earning capacity due to your injuries
- Pain and suffering
If you suffered a serious injury following a car accident, you would likely be able to recover more than basic economic loss.
New York law defines serious injury as any personal injury resulting in:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Significant or permanent limitation of a body function or system
- An injury or impairment lasting for 90 out of 180 days immediately following the incident (90/180 rule)
Our Westchester County car accident attorneys can help prove the severity of your injuries, ensuring you get the maximum recovery allowed by law.
How Long Does It Take to Settle a Car Accident Case?
Settling a car accident case in New York varies widely in terms of time. While straightforward cases may resolve in a few months, others, particularly those involving disputes over liability, severe injuries, or high financial stakes, can take years.
The process generally involves several stages, including filing the insurance claim, negotiating settlements, and, in some cases, pursuing litigation. Key factors that influence the timeline include:
- Severity of Injuries: More serious injuries require extensive medical documentation and evaluation, which can extend settlement discussions.
- Disputes Over Fault: If there’s any disagreement regarding who is responsible for the accident, the case could take longer to resolve.
- Willingness to Negotiate: The readiness of insurance companies or opposing parties to agree on a fair settlement also impacts the timing.
Our skilled White Plains, NY, car accident attorneys at Denlea & Carton will guide you through this process, advocating for the maximum compensation you deserve while ensuring your case proceeds as efficiently as possible.
Statute of Limitations for Car Accidents in New York
New York law sets a strict time limit—known as the statute of limitations—for filing car accident lawsuits. You typically have three years from the date of the accident to file your claim. Failing to act within this timeframe could bar you from seeking compensation altogether.
It’s important to note that there are exceptions. For example, if the accident involves a government entity, such as a collision with a city-owned vehicle, you may need to file a notice of claim within 90 days.
Because timing is critical, we recommend contacting a White Plains car accident attorney as soon as possible to ensure your rights are protected. For more specific information, you can also refer to our comprehensive blog on New York’s statutes of limitations for personal injury claims.
Why Choose Denlea & Carton for Your Car Accident Claim
Navigating the legal system after a car accident is challenging, but with Denlea & Carton on your side, you’ll be supported every step of the way. We’re experienced, compassionate, and relentless in pursuing justice for our clients.
If you’ve lost income, experienced medical hardships, or need help fighting an insurance company after a car accident, don’t wait. Reach out to Denlea & Carton and let our Westchester County car accident lawyers help you start moving toward the justice and compensation you’re entitled to today.
Frequently Asked Questions
What is the average car accident settlement in New York?
Car accident settlements in New York vary widely, depending on the severity of injuries and damages. However, settlements typically range between $15,000 to $50,000. Serious injury cases may lead to higher compensation, often exceeding $100,000.
How much can someone sue for a car accident in New York?
The amount you can sue for in a New York car accident depends on the extent of your injuries and losses. There is no cap, but compensation can cover medical expenses, lost wages, and pain and suffering, with serious cases reaching hundreds of thousands or even millions of dollars.
What is a private settlement for a car accident in the USA?
A private settlement in a car accident case refers to an agreement reached between the involved parties without going to court. In this case, the at-fault driver or their insurance company compensates the victim for their injuries and damages.
How long does a car accident lawsuit take in New York?
A car accident lawsuit in New York can take anywhere from several months to several years. The duration depends on factors like the complexity of the case, the willingness of both parties to negotiate, and the court’s schedule. Reach out to our Westchester County car crash attorneys for a free consultation to learn more.
What is the least amount of a personal injury settlement?
The minimum settlement for a personal injury case can be as low as a few thousand dollars. This amount typically covers minor injuries and property damage. Larger settlements are reserved for cases involving serious or long-term injuries.
How do you calculate settlement amounts for a car accident?
Settlement amounts for car accidents are calculated by considering medical expenses, property damage, lost wages, and pain and suffering. Our White Plains car accident attorneys may also include future medical costs and any potential impact on your earning capacity.
