Car accidents are unfortunately common on New York roads, ranging from “fender-benders” to vehicle rollovers. Every car accident can result in life-changing injuries.
Knowing the different types of car accidents is important, not just for your safety but also when determining liability and potential compensation. Each type of car accident has its legal challenges, whether dealing with insurance companies, crawling through New York’s traffic laws, or proving fault.
When you’ve been hurt in a car accident, the following blog will clarify how the guidance of an experienced New York car accident lawyer will help you make informed decisions when seeking compensation through a claim for injuries.
Table of contents
Types of Car Accidents
1. Rear-End Collisions
Distracted driving, tailgating, and sudden stops in traffic are frequent causes of rear-end collisions. Drivers who are not paying attention or following too closely don’t have enough time to stop when the vehicle in front of them suddenly brakes. Distracted driving, whether due to texting, eating, or adjusting the radio, causes many rear-end accidents.
Rear-end collisions, even at relatively low speeds, can result in significant injuries. Whiplash is one of the most common injuries caused by the sudden jerking motion of the neck.
In more severe cases, victims can suffer from head trauma, back injuries, and spinal cord damage. These injuries often require medical treatment and physical therapy and can result in long-term pain or disability.
In most rear-end collisions, the driver who crashes into the back of the other vehicle is typically at fault. New York has a no-fault insurance system, meaning the no-fault insurance carrier will cover certain limited medical expenses and lost wages, regardless of who was at fault.
You may be able to file a lawsuit against the at-fault driver to recover damages beyond what no-fault insurance covers, as well as damages for pain and suffering.
Proving negligence in a rear-end collision can be straightforward, but gathering as much evidence as possible is important. This includes police reports, witness statements, and photographs of the scene.
A New York car accident attorney can help ensure that your case is strong and that you receive the compensation you deserve for pain and suffering.
2. Hit-and-Run Accidents
Hit-and-run accidents are illegal and can leave victims feeling helpless, especially if the at-fault driver cannot be immediately identified.
Hit-and-run accidents can occur in various situations, from parking lot bumps to severe runovers involving pedestrians. Unfortunately, they are all too familiar in New York, where traffic congestion and busy streets make it easier for drivers to leave the scene unnoticed.
Under New York law, leaving the scene of an accident is a serious offense. Drivers who flee the scene may face criminal charges, resulting in fines, jail time, and losing their driver’s license. However, for the victim, identifying the driver is crucial to pursuing compensation.
If you are the victim of a hit-and-run accident, report the incident to the police immediately. In some cases, surveillance footage or witness statements can help identify the driver.
If police cannot find the driver, victims can turn to their uninsured motorist coverage to recover damages. This coverage can help pay for pain and suffering caused by a hit-and-run motorist.
Dealing with a hit-and-run accident is challenging, especially when the at-fault driver is unknown. An experienced car accident lawyer in New York can assist by investigating the accident, collaborating with the police, and helping you file a claim with your insurance company.
3. Accidents Involving Commercial Trucks
Due to their size and weight, commercial truck accidents, such as delivery vehicles or large semi-trucks, can be far more dangerous than typical car accidents. These accidents often result in severe injuries or fatalities, especially for the occupants of smaller vehicles.
Truck accidents in New York are frequently caused by driver fatigue, speeding, improper maintenance, overloaded trucks, or distracted driving. Truck drivers may also face strict deadlines, leading them to take risks or violate traffic laws to stay on schedule. In some cases, poor road conditions or weather can also contribute to these accidents.
Accidents involving commercial trucks are more complicated than other accidents because multiple parties may be held liable. This could include the truck driver, the trucking company, the cargo owner, or even the manufacturer of defective parts.
Additionally, commercial trucking is governed by state and federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), adding another layer of complexity to these cases.
Due to the sheer size of commercial trucks, injuries from these accidents tend to be severe. Common injuries include traumatic brain injuries, spinal cord injuries, broken bones, and internal injuries.
In the worst cases, these accidents can result in fatalities, leaving families to pursue wrongful death claims. Victims often face long-term medical treatment, rehabilitation, and significant time away from work, which can lead to financial strain.
Legal representation is invaluable in a complex truck accident case. A lawyer with experience in truck accident cases in New York can gather evidence, determine liability, and navigate the various state and federal regulations.
4. Pedestrian Accidents
Pedestrian accidents occur when a vehicle strikes an individual walking or crossing the street. These accidents are particularly dangerous, as pedestrians have little protection against the impact of a car. Unfortunately, pedestrian accidents are common in a busy city like New York, especially in densely populated areas.
Certain New York areas, such as crosswalks, intersections, and school zones, see more pedestrian accidents. Additionally, areas with heavy foot traffic, like Times Square and other popular spots, can be dangerous for pedestrians, especially if drivers are not following traffic laws or paying attention.
Many pedestrian accidents result from distracted, inattentive, or reckless driving. Drivers who fail to yield to pedestrians, run red lights, or speed in busy areas are often responsible for these accidents.
Other factors include driving under the influence of alcohol or drugs, poor visibility at night, and road design that may not adequately protect pedestrians.
Pedestrians often suffer severe injuries when involved in an accident with a vehicle. Common injuries include broken bones, head trauma, internal injuries, and spinal cord damage.
Due to the lack of protection, even “low-speed” collisions can result in life-threatening injuries for pedestrians, leading to long recovery times or permanent disability.
Proving driver negligence is key in pedestrian accident cases. New York operates under a comparative negligence system, meaning that even if pedestrians are partially at fault (for example, crossing outside a crosswalk), they may still recover compensation for their injuries. However, the amount of compensation may be reduced depending on their degree of fault.
5. Drunk Driving Accidents (DWI Accidents)
Drunk driving car accidents occur when a driver operates a vehicle while under the influence of alcohol, impairing their ability to control the car safely. In New York, these incidents are referred to as DWI (Driving While Intoxicated) cases.
In New York, drivers with a blood alcohol concentration (BAC) of 0.08% or higher can be charged with DWI. The severe penalties for DWI can include fines, jail time, and license suspension. In addition to facing criminal charges, you can also hold drunk drivers responsible in civil court for the injuries and damages they cause.
DWI accidents frequently result in significant injuries, including broken bones, traumatic brain injuries, spinal injuries, and in some cases, death. Victims often require extensive medical treatment and rehabilitation and may face long-term consequences that impact their quality of life.
Establishing liability in a DWI accident is typically straightforward, as driving while intoxicated is a clear form of negligence. Police reports, BAC test results, and witness statements can provide critical evidence proving the driver’s intoxication and fault. Legal representation can ensure victims recover appropriate compensation for their injuries.
Victims of DWI accidents are entitled to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Given the complexity of DWI cases, which often involve criminal and civil proceedings, victims who are seeking compensation for pain and suffering are well advised to have an experienced attorney.
What to Know About Insurance After a Car Accident in New York
Insurance companies can make a New York car accident seem overwhelming. Since New York follows a no-fault insurance system, the applicable no-fault insurance provider will cover limited medical bills and lost income, regardless of who caused the accident. While this system is intended to streamline the process, it can often lead to additional hurdles.
Low Settlement Offers
Insurance companies are focused on their bottom line and may offer bodily injury liability settlements that don’t fully cover your actual. Without legal representation, you might feel pressured to accept a settlement far less than you need to recover fully.
Disputes Over Injuries
Insurance companies may dispute the severity of your injuries or claim that specific treatments are unnecessary. As a result, the insurance company may also challenge the extent of the damages.
Handling the Claims Process
Accident victims are often unfamiliar with the tactics used by insurance adjusters. Adjusters may request excessive documentation or delay their responses, making it difficult to move forward with your insurance claim after a New York car accident. This can be stressful, especially when focusing on recovering from your injuries.
The Importance of Having an Attorney
An attorney can step in and handle communications with the insurance company for the at-fault motorist, ensuring your rights are protected. They can help evaluate the settlement offer, gather necessary documentation, and advocate for fair compensation.
Legal guidance also helps prevent insurance companies from taking advantage of your situation or delaying payment. In cases involving serious injuries, an attorney can pursue additional compensation from the at-fault driver to cover the full extent of your losses.
Contact a New York Car Accident Attorney at William Mattar Law Offices Today
At William Mattar Law Offices, we understand the overwhelming challenges that car accident victims face. From recovering from serious injuries to managing extensive hospital stays, the aftermath of a car crash can be harrowing. Our attorneys are here to help ease the burden, handling the legal complexities of asserting a bodily injury liability claim so you can focus on healing.
By choosing William Mattar Law Offices Law Offices, you’ll receive personalized attention and the support of an experienced personal injury lawyer. Let us take care of the legal process and help you achieve maximum compensation for pain and suffering. Call us today at (716) 444-4444 to speak with one of our dedicated accident lawyers.