New York Car Accident Lawyer
If a car accident in New York injured you, the law provides certain rights and protections. You have the right to seek compensation for injuries caused by someone else's carelessness.
Unfortunately, having these rights and successfully enforcing them are two entirely different things. Insurance statutes can be difficult to understand. Proving the full extent of an injury feels like an uphill battle, especially when you are trying to recover from the physical and emotional toll of a collision.
As a New York car accident lawyer, our firm knows how to protect the rights of injured motorists because our practice is focused on motor vehicle cases. We understand the challenges you face and are prepared to handle the legal details for you.
If you have a question about your collision claim, we are ready to help. Contact us at (716) 444-4444.
Why Choose William Mattar Law Offices?
History and Reputation
Founded by William Mattar, our firm has a long-standing presence in Western New York and helps clients across the entire state.
We believe in a team approach to every case. When you work with us, you get a dedicated legal team, including attorneys, paralegals, and case managers, all committed to your case, and a car accident lawyer can help by coordinating every step and handling the legal details while you focus on recovery.
Strategic Location & Reach
Our headquarters is located in Williamsville, NY, with easy access to the I-90 Thruway and the Greater Buffalo area. But our reach extends far beyond that.
We use technology to connect with and assist clients regardless of their location, from Rochester and Syracuse to Albany and beyond. No matter where your accident occurred in New York State, our team is equipped to handle your case.
The No Fee Until We Win Promise
Like most personal injury law firms that work on a contingency fee basis, we believe everyone should have access to legal help, regardless of their financial situation. That’s why we offer:
- A Contingency Fee Basis: You pay no attorney's fees unless we recover money for you. Our fee is a percentage of the settlement or verdict we obtain on your behalf.
- A Free Case Review: It costs nothing to speak with us about your accident. We'll listen to what happened, explain your rights, and let you know how we will help, removing any financial barrier to getting the answers you need.
- Transparent Communication: We make sure you are kept informed about the status of your bodily injury claim. You deserve to know what's happening every step of the way.
Understanding Your Potential Compensation
Compensation in New York is generally divided into two distinct buckets because of the state's No-Fault laws, and the way claims are handled can differ depending on the causes of car accidents involved. This two-tiered system determines how you pursue the full amount to which you may be entitled.
1. Economic Damages (Basic Economic Loss)
New York’s No-Fault system, also known as Personal Injury Protection (PIP), is designed to provide quick payment for your immediate economic losses, regardless of who caused the crash.
This coverage pays for your medical bills and a portion of your lost wages up to a specific limit, which is typically $50,000. These benefits are paid by the insurance company of the vehicle you were in, or if you were a pedestrian, the vehicle that struck you.
2. Non-Economic Damages (Pain and Suffering)
To seek compensation for pain and suffering, you must step outside of the No-Fault system. New York law only permits this if you prove you sustained a serious injury.
The Serious Injury Threshold, as defined in New York Insurance Law § 5102(d), is a list of specific criteria. For example, an injury generally qualifies if it results in:
- Death
- Dismemberment or significant disfigurement
- A fracture
- Permanent loss of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury that prevents you from performing your usual activities for at least 90 out of the 180 days following the accident (to paraphrase).
If your injury meets this threshold, you may file a lawsuit against the at-fault driver to recover non-economic damages, which cover physical pain, emotional distress, and the loss of enjoyment of life.
3. Punitive Damages
In rare cases, you might pursue punitive damages. These are not meant to compensate you for your losses but rather to punish the defendant for extremely reckless or malicious behavior, such as driving with a very high blood-alcohol content. These awards are relatively uncommon in typical negligence cases.
Comparative Fault in New York
What happens if you were partially at fault for the accident? New York follows a Pure Comparative Negligence rule. This legal concept means that you may still recover damages even if you were partly to blame. Your total compensation award will be reduced by your percentage of fault.
Our role as car accident lawyers is to ensure no amount of blame is unfairly placed on you.
Where and How Accidents Occur in New York State
With millions of drivers sharing the roads, accidents are an unfortunate reality regardless of where you are driving in New York State, and many people wonder, car accident can you claim injury, when a crash happens. Our experience shows that certain locations and conditions present a higher risk for collisions across New York.
High-Risk Traffic Corridors
Some of the state's busiest roadways are frequent sites of serious accidents:
- The New York State Thruway (I-90): This major artery stretches from Buffalo to Albany and beyond, characterized by high speeds and a significant volume of commercial truck traffic. The combination leads to devastating multi-vehicle collisions.
- Interstate 81 & I-87 (The Northway): These north-south routes are essential for commuters and travelers, but they also see their share of accidents, particularly around major cities and during peak travel seasons.
- Urban Congestion: Metro areas like Buffalo, Rochester, Syracuse, and Albany present unique dangers. High-density intersections, numerous pedestrians, and complicated traffic patterns contribute to a greater frequency of T-bone and rear-end crashes.
Seasonal Factors Unique to New York
New York's weather plays a large role in road safety.
- Lake Effect Snow: Western and Central New York are famous for intense lake effect snow bands that cause sudden whiteout conditions, leading to dangerous pile-ups.
- Winter Road Conditions: Black ice and poorly treated roads make winter driving treacherous throughout the state.
- Construction Season: In the warmer months, the familiar sight of orange cones in cone zones creates bottlenecks and abrupt stops, which typically results in chain-reaction collisions.
Common Accident Scenarios
Accidents commonly happen in predictable patterns, including at signalized intersections from drivers running red lights, at highway merge points where a driver fails to yield the right-of-way, and on winding rural roads where deer strikes or run-off-road incidents are common.
Common Accident Types and Injuries We Handle
Every car accident is different, but most fall into several common categories, including questions about hit who in a car accident and how fault is determined. The type of collision correlates with the kinds of injuries sustained. Our law firm has years of experience handling a wide range of accident and injury claims for clients throughout New York.
Car Accident Types
- Rear-End Collisions: Frequently caused by distracted driving or following too closely. These impacts result in whiplash, a soft-tissue neck injury caused by the rapid back-and-forth movement of the head.
- Side-Impact (T-Bone) Collisions: These typically occur at intersections and cause severe injuries, as the side of a vehicle offers less protection than the front or rear.
- Head-On Collisions: Though less common, these crashes involve immense force and are often catastrophic.
- Rideshare Accidents: Collisions involving Uber or Lyft add a layer of difficulty due to corporate insurance policies that come into play.
- Car Fire Accidents: A car fire accident may occur for a variety of reasons, including manufacturing defects, poor vehicle maintenance, or electric system failures.
- Distracted Driver Accidents: Although laws against texting while driving exist, people still refuse to obey this law.
- Drunk Driving Accidents: People driving while intoxicated are a danger to themselves and others. Being hit by a drunk driver can be a life-altering event that causes serious physical and emotional damage. We are here to help with injuries that may have been caused by a drunk driver.
- Guardrail Accidents: Some guardrails may not function the way they are intended, possibly causing serious injuries in the event of a guardrail accident.
- Merging Accidents: Sometimes, merging into traffic can lead to a serious accident.
- Parking Lot Accidents: Parking lot accidents make up approximately one in five motor vehicle accidents.
- Pin-In Car Accidents: Injuries due to being trapped inside a vehicle after an accident can be catastrophic.
- Rental Car Accidents: Accidents involving rental vehicles can complicate insurance claims and determining liability between drivers, rental companies, and their insurers.
- Road Rage Accident: A person acting on road rage can lead to life-threatening motor vehicle accidents. People with road rage may make verbal expressions to other drivers or partake in dangerous driving maneuvers.
- Road Departure Accidents: Road departure accidents occur when a vehicle leaves the roadway. Road departure accidents can have serious consequences.
- Rollover Car Accident: Rollover car accidents occur when a car flips over, in some cases multiple times, and lands on its side or roof. Some causes of a rollover car accident include speeding, aggressive or careless driving, obstructions, or car defects.
- Self-Driving Car Accidents: While self-driving cars come equipped with many safety features, there is always a chance you may be involved in a driverless car accident.
- Sideswipe Accidents: This occurs when car traveling adjacent to each other collide.
- Vehicle Spinout Accidents: Vehicle spin out accidents can occur for a number of reasons, including inclement weather causing slippery roads. Learn more.
Common Injuries
The human body is not designed to withstand the forces of a car crash. We frequently assist clients who have sustained serious injuries, such as:
- Traumatic Brain Injuries (TBI): Ranging from concussions that cause temporary cognitive issues to severe TBIs that result in long-term impairment.
- Spinal Cord Injuries: Damage to the spinal cord leads to conditions like herniated discs, chronic pain, or even paralysis, requiring a lifetime of medical care.
- Fractures and Orthopedic Injuries: Broken bones are common and meet the serious injury threshold.
Relevant Legal Deadlines
In New York, time is of the essence. The statute of limitations for filing a negligence lawsuit is generally three years from the date of the accident.
However, the deadline to file a No-Fault application is much shorter—typically just 30 days. If an accident results in a death, the family has two years to file a wrongful death claim. Missing these deadlines permanently bars you from recovering compensation. Every case is unique. An experienced attorney can examine the unique facts and advise as to any applicable deadlines.
Dealing with the Insurance Company
After an accident, you will likely have to speak with an insurance adjuster. Remember that while the adjuster may seem friendly and helpful, their job is to protect their company's financial interests, and understanding what car accident lawyers do can help you avoid missteps during these conversations. Insurance companies are for-profit businesses, which means they must balance paying valid claims with generating revenue.
Here's What to Look Out For
- Early Settlement Offers: An insurer might present a quick cash offer shortly after the crash. This typically happens before the full extent of your injuries is known and may not account for future medical needs or lost wages.
- Recorded Statements: You may be asked to give a recorded statement describing the accident. The adjuster may use this to ask questions designed to find inconsistencies or admissions that could be used to argue you were at fault.
- Broad Medical Authorizations: Some insurance companies request that you sign a blanket medical authorization. This gives them access to your entire medical history, which they may comb through to argue that your injuries were pre-existing.
There’s an easy way to avoid all of this hassle: let us handle the bodily injury liability adjusters. We manage the paperwork, field the phone calls, and build your claim so you focus on your doctor's appointments and your recovery.
What to Do After an Accident (From Home)
Once you are home and have addressed any immediate medical needs, it's time to focus on managing your recovery and protecting your rights.
Managing Your Recovery and Case
- Follow Doctor’s Orders: Attend all scheduled medical appointments. Insurance companies look for gaps in treatment to argue that an injury is not as serious as claimed. If you miss appointments, it hurts your case.
- Preserve Evidence: Keep a file with copies of all accident-related documents. This includes the police report (usually an MV-104 form), photos of your injuries as they heal, and repair estimates for your vehicle.
- Be Mindful of Social Media: Avoi d posting about your accident or your recovery on social media. Insurance companies and defense attorneys regularly search these platforms for evidence. A photo of you smiling at a family event could be taken out of context and used to argue that your injuries are not impacting your quality of life.
FAQ for New York Car Accident Claims
What if the other driver was uninsured or drove away (hit and run)?
If you have Supplementary Uninsured/Underinsured Motorist (SUM) coverage on your own auto policy, you may file a claim with your own insurer. This coverage is designed to protect you in these exact situations, providing compensation for your injuries up to your policy limits.
Can I still file a lawsuit if I didn't feel pain immediately at the scene?
Yes. Adrenaline from the shock of a crash masks pain for hours or even days. It is common for symptoms of injuries like whiplash or herniated discs to have a delayed onset. Seek medical attention as soon as you feel pain to get a diagnosis and start a record of treatment.
How long does a car accident settlement take in New York?
The timeline varies widely depending on the severity of the injuries and whether the case meets the serious injury threshold. A straightforward claim may resolve in months, while a complicated case that goes to trial could take years. Settling a claim too quickly before the full medical prognosis is known is a mistake.
Do I have to sue the other driver personally?
While the lawsuit will be formally filed against the at-fault driver, their insurance company is responsible for hiring a lawyer to defend them and for paying any settlement or judgment up to their policy limits. In most cases, you are not seeking money from the driver's personal assets. Every case is unique.
Don’t Let Legal Difficulty Stop You From Recovering
Dealing with injuries is hard enough; your financial future shouldn't be a mystery on top of it all. You don't have to decipher insurance statutes or argue with adjusters while you are in pain.
At William Mattar,P.C. our practice is focused on handling the legal process so you focus on getting better.
If you are unsure whether your injury meets the New York serious injury threshold, or if you just need help with your No-Fault claim, let us review your situation.
Call William Mattar, P.C today at (716) 444-4444 for a free consultation.