A vehicle spin out accident can happen in the blink of an eye, leaving you shaken, injured, and wondering what went wrong. From the bustling roadways of I-87, also known as the New York State Thruway, to the snowy and slippery stretches of Route 81 near Syracuse, spinouts are an all-too-common danger faced by drivers in New York State. Unexpected weather changes, distracted driving, or hazardous road conditions can turn a routine drive into a life-changing event.
If you’ve been hurt in a car spin-out accident, you don’t have to go through this alone. At William Mattar Law Offices, we understand the pain, worry, and uncertainty that follow such a traumatic experience. Our focus is to guide you through the complexities of recovering compensation for your injuries.
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Why Choose William Mattar Law Offices for Your Car Spinout Accident Claim
You’ve been through enough. After a traumatic spinout accident, the last thing you need is to feel overwhelmed by legal processes or insurance hurdles. That’s where we come in. At William Mattar Law Offices, we focus primarily on motor vehicle accident cases, making us uniquely qualified to handle spinout accident claims with precision and care. This laser focus gives our team unparalleled experience in navigating the complex laws and challenges specific to these types of cases.
For nearly three decades, we’ve helped accident victims across the state of New York, from Buffalo to Albany and Rochester, recover the compensation they need to move forward. Whether it’s meticulously investigating the cause of your spinout accident or skillfully negotiating with insurance adjusters, we’re committed to achieving the best possible outcome for your case.
At William Mattar, we prioritize you. From the moment we take your case, you’ll have an entire team advocating for your rights, answering your questions, and offering support. We know that a car spinout accident isn’t just about physical recovery—it’s about regaining your sense of safety, stability, and peace of mind.
What is a Spinout Accident?
A spinout accident occurs when a vehicle suddenly loses traction, causing it to rotate or spin uncontrollably. These accidents often happen in adverse weather conditions, such as rain, snow, or ice, when roads become slippery and dangerous. For instance, areas like the New York State Thruway or the Southern Tier Expressway (I-86) are notorious for hazardous driving conditions during the winter months, increasing the likelihood of spinouts.
Spinouts can result from a variety of factors, including:
- Slippery road surfaces, driving over black ice, or hydroplaning in heavy rain
- Driver error, speeding, and sudden braking
- Mechanical issues like bald tires or faulty brakes
Unfortunately, the consequences of a spinout accident can be severe. When a car spins out of control, it may collide with other vehicles, guardrails, or stationary objects. These accidents often happen at high speeds, which can magnify the impact and result in devastating injuries. Common injuries from spin outs include whiplash, broken bones, spinal cord damage, traumatic brain injuries, and even fatalities.
Beyond the physical harm, spinout accidents can cause immense emotional and financial stress. The aftermath can feel overwhelming. That’s why having experienced legal representation is crucial—you need someone who understands what you’re going through and can fight for your best interests.
Do I Have a Car Accident Case?
If you’ve been injured in a car spin-out accident, you’re likely wondering if you have a valid case. The answer often comes down to one key factor—negligence. Legally speaking, negligence occurs when a person fails to act with reasonable care, causing harm to another. Proving negligence is the foundation of most personal injury claims, including those involving car accidents.
To establish negligence, you and your lawyer need to demonstrate four essential elements:
- Duty of Care: Every driver on the road has a duty of care to operate their vehicle responsibly and adhere to traffic laws. This duty means avoiding actions that could unnecessarily endanger others, such as speeding, driving while distracted, or failing to maintain control of the vehicle.
- Breach of Duty: A breach of duty occurs when a driver fails to meet the standard of care expected of them. For example, if another driver was tailgating you and caused your car to spin out, their reckless driving could constitute a breach of duty. Similarly, if a municipality failed to maintain safe road conditions, it might also potentially be held accountable.
- Causation: To prove a claim, you’ll need to show that the other driver’s (or entity’s) negligence directly caused your accident and resulting injuries. Evidence such as police reports, crash scene photos, and witness testimony can help establish this connection.
- Damages: Lastly, you must provide evidence of the damages you suffered in the accident. Damages can include pain and suffering. Providing documentation, such as medical records and pay stubs, is crucial in ensuring a strong case for maximum compensation.
It’s not always easy to prove these elements on your own, but that’s where we come in. At William Mattar, P.C. we leave no stone unturned when it comes to building your case. Your health, recovery, and justice are our priorities.
Laws Affecting Car Accidents in New York
When you’ve been injured in a car accident in New York, your rights and responsibilities are shaped by several key laws. These laws affect how claims are filed, how fault is determined, and how much time you have to take legal action. Here’s what you should know:
New York’s No-Fault Insurance and How It Works
New York is a no-fault insurance state. This means that after most car accidents the applicable no-fault insurer covers certain limited medical expenses and other basic financial losses, regardless of who was at fault for the accident. This no-fault system is designed to allow injured parties to get quick access to compensation for certain limited expenses, such as:
- Medical bills
- Lost earnings (up to specific limits)
- Necessary expenses like transportation to medical appointments
However, no-fault insurance does not cover economic damages in excess of “basic economic loss” or other non-economic damages, such as pain and suffering. If your injuries are considered "serious," under New York law, you may step outside the no-fault system to pursue a claim against the at-fault driver for additional compensation. An experienced attorney can help you identify whether your injuries qualify as “serious” and whether you can make a claim for economic loss in excess of basic economic loss.
Navigating no-fault insurance can be complicated, especially if insurance companies try to limit benefits. That’s where an experienced attorney can step in and advocate on your behalf.
New York’s Statute of Limitations
The statute of limitations sets the deadline for filing a personal injury lawsuit. For car accident cases in New York, you generally have three years from the date of the accident to file a lawsuit for damages. That being said, the time deadline can sometimes be much shorter – for example, where a municipality or other government entity is involved. If you fail to take legal action within this timeframe, you may lose your right to recover compensation.
For wrongful death claims, however, the statute of limitations is shorter—typically two years from the date of the individual’s death. There may also be special deadlines–known as notice of claim deadlines– if the responsible party is a government entity, such as a municipality that failed to maintain safe road conditions.
It’s vital to act quickly after an accident. Evidence can disappear, memories can fade, and delaying your case can jeopardize your ability to collect the compensation you need. We can help ensure you meet all deadlines and preserve your legal rights. Every case is unique. Time is ordinarily of the essence, so if you were injured in a car crash it is advisable to seek legal representation as soon as possible.
New York’s Pure Comparative Negligence Rule
New York follows a pure comparative negligence rule when determining fault in personal injury cases. Under this rule, even if you are partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by the percentage of fault attributed to you.
For example, if you are found to be 20% responsible for the accident, your compensation would be reduced by 20%. This rule ensures that victims can still recover damages, even if they share some blame for the collision.
Determining fault can often be contentious, with insurance companies attempting to shift undue blame onto victims to minimize payouts. The experienced attorneys at William Mattar, P.C. are skilled in counters to these tactics and can work diligently to protect your right to fair compensation.
Compensation Available to New York Car Accident Victims
After a car accident, victims often face various financial, physical, and emotional strains. Depending on the circumstances of your case, you may be eligible to receive the following types of compensation. Some of these items may be recovered through no-fault insurance, which provides certain limited “basic economic loss.” Economic losses in excess of “basic economic loss” may be recovered from the at-fault motorist’s insurance company.
- Medical Expenses: This includes the cost of hospital stays, surgeries, doctor visits, physical therapy, medications, and any future rehabilitation or care you may need due to your injuries.
- Lost Income: If your injuries force you to miss work, you can seek compensation for lost wages. If your injuries result in a reduced earning capacity or permanent disability, you may also recover damages for lost future income.
- Pain and Suffering: Beyond the physical injuries, many accident victims endure emotional distress, mental anguish, and a diminished quality of life. These non-economic damages aim to compensate you for the ways your injuries have disrupted your life.
- Property Damage: If your vehicle or other personal property was damaged in the accident, you can recover costs for repairs or replacement.
- Punitive Damages: In cases where the at-fault driver’s behavior was especially reckless or egregious, punitive damages may be awarded to serve as a deterrent for similar actions in the future.
Our attorneys will thoroughly evaluate your case to identify all avenues of compensation for pain and suffering you may be entitled to pursue for pain and suffering. With our attorneys on your side, you can rest assured that we’re committed to helping you recover what you need to rebuild and move forward.
Contact Our Trusted Auto Accident Attorneys Today
At William Mattar, P.C. we know how overwhelming life can feel after a car accident. From dealing with insurance companies to managing bills not covered by no-fault insurance, the challenges seem endless. Our team is here to help, offering guidance and tireless legal advocacy for victims of car accidents in New York State.
When you choose William Mattar, P.C. you can count on us to:
- Investigate your accident and gather evidence to build a strong case.
- Handle communication and negotiations with insurance adjusters.
- Pursue maximum compensation for your injuries and losses.
- Represent you in court, if necessary, with the goal of obtaining maximum compensation.
The road to recovery may seem long, but we can help. Contact us today at (716) 444-4444 or through our online form for a free, no-obligation consultation. At William Mattar, your recovery is our priority. We’re just a call away.