White Plains Car Accident Lawyers
Injured in a Car Accident? Call Denlea & Carton
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, we 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.
Injured in an auto accident? Contact our office for a free consultation.
Legal Requirements After a New York Car Accident
Under New York State Vehicle and Traffic Law, you are required to file an accident report if there is property damage of more than $1,000.
The law requires you to notify the police immediately if anyone is injured or killed in the accident. All drivers and law enforcement must then file an accident report with the Department of Motor Vehicles. If there are injuries, the police can help to get emergency medical treatment to the scene.
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
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.
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 lawyer as soon as possible after the incident.
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.
How Long Do I Have to File a Car Accident Claim in New York?
In New York, you only have three years from the day that the car accident occurred to file a lawsuit. Time is of the essence and getting an investigation underway as soon as possible is always best. The longer the time period between the accident and when an investigation begins, memories fade and evidence can be lost.
It is critically important that you not sign anything or submit to the insurance company’s demands before speaking to an attorney. To learn more about whether you would benefit from filing a lawsuit because of your car accident, call the car accident lawyers at our firm today.
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:
- Significant disfigurement
- 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 White Plains personal injury lawyers can help prove the severity of your injuries, ensuring you get the maximum recovery allowed by law.
New York Car Accident Statistics
The Institute for Traffic Safety Research & Management (ITSMR) tracks car accidents throughout the State of New York. The ITSMR is a non-profit organization that works to improve highway safety.
According to the ITSMR, in a single year, there were:
- Over 391,000 crashes in New York.
- 1092 New York car accidents that proved fatal.
- In excess of 14,000 pedestrian motor vehicle crashes.
- Over 96% of pedestrian and motor vehicle collisions resulted in a personal injury.
- 5,220 motorcycle accidents in New York.
If you are involved in a car accident in New York, you need to speak with an attorney as soon as possible. If you do nothing, you could end up settling for less than your case is worth. A car accident lawyer can help you determine the best course of legal action after a collision. Waiting to consult with an attorney can negatively affect your case.
Westchester County Car Accident Statistics
Injury and fatal car accidents are commonplace throughout New York. Unfortunately, Westchester County is not immune from dangerous and deadly collisions. Hundreds of people are injured in the county each year.
According to the New York State Department of Health, there are:
- An average of 331 people treated in the Emergency Department (ED) as a result of a traffic collision each month.
- On average, 2 people killed in traffic collisions in Westchester County each month.
- 26 people killed in Westchester County traffic accidents each year.
- 289 hospitalizations resulting from car accidents every year.
Accidents in Westchester County cost millions. The New York State Department of Health estimates that car accidents resulted in over $50 million in hospital and emergency room charges. The State Department also found that the vast majority of accidents were preventable. Many were caused by driving while impaired, speeding, and following too closely.
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.
Injured in a Car Accident? Contact Denlea & Carton Today
Contact Denlea & Carton today to determine what losses are recoverable and how to get the largest settlement or verdict possible in your White Plains car accident claim.