MOTOR VEHICLE ACCIDENT FAQ
Who is at fault and liable for your motor vehicle accident?
Several factors determine who is liable for damages or injuries from an motor vehicle collision. A motorist is seriously injured when another motorist cuts in front of them after turning onto the street, for example. However, that individual may be found liable if he was speeding or made illegal lane changes prior to the collision. The decision of who pays for the damages or injuries in car accidents rests primarily on motor vehicle accident statutes. This has made it easier for insurers to challenge fault and liability when the other party in an accident has violated a traffic law, especially since liability insurance may not be able to collect for damages even if the other motorist was at least partially negligent in the traffic accident.
What is common law?
“Fault” for causing an accident is either created by law or defined by common law. Common law recognizes four basic levels of fault: negligence, recklessness, intentional misconduct, and strict liability. Under common law, individuals who have caused a car accident have commited a “tort”, a private wrong against another. Those who have committed torts are referred to as “tortfeasors” under the law. Establishing fault becomes difficult in cases such as fender-benders or other routine accidents, as opposed to intentional or reckless misconduct such as drunk driving or texting while driving. In routine accidents, more than one motorist may be found at least partially liable. When this happens, state law dictates who must pay for damage to property and injuries to the involved parties.
What are the motor vehicle statutory violations?
Every state passed multiple laws regulating the manner in which drivers must operate their vehicle upon public roads. Many of these statutes are actually codified versions of the common law, while others are the result of legislative initiative. A violation of any of these statutes generally creates a presumption of negligence as a matter of law. For example, most states require motorcyclists to wear helmets. Failure to wear a helmet is an act of negligence, which may affect liability in the accident.
Why should i hire your firm?
The benefits of using our firm are due to the size of the firm. We also have the financial resources to go against big insurance companies to get you the money you deserve. We will also do everything we can to make sure your case does not go to trial and you receive a fair settlement.
Why should i get an independent investigation?
Generally speaking, in an automobile collision case an accident report is completed by the police. However, the police usually do not go into the same detail and depth as we do in our own investigation. It’s important to communicate with us early so that we can do an in-depth investigation, locate witnesses that the police may not know about, and canvas the area in case there were witnesses that will be lost over the course of time. Memories fade, and therefore it is important to get to us quickly, so we can do the best job possible early on in order to maximize what we will be able to get for you and for your injuries.
How can i afford to hire your firm?
Everyone can afford to hire our firm. At Jacoby & Meyers, we’re committed to providing quality and affordable legal representation to those in need. With us, you pay no fee to your attorney unless we have been successful in settling your case or obtaining a successful verdict.
How long can i wait to file a case?
In motor vehicle collision cases, there are time limitations that apply, not only to sue the appropriate party, but also to file for certain benefits that you’re entitled to, to pay for your medical expenses, to get mileage, and to get other benefits that the law provides. If you don’t file on time, you wave those benefits. Call our law office immediately. Don’t wait.
What is the most important thing to know about motor vehicle accident cases?
The most important thing to remember for a car collision case is that the investigation needs to be conducted quickly and that we need to obtain witness information while that information is still available. If you don’t do this you may lose that information forever. There will also have to be filings made very quickly in the state of New York so that you don’t wave your ability to get benefits to which you’re entitled.
What is “no-fault” insurance in new york?
Under New York law, you are entitled to No-Fault benefits paid by your own insurance company. Those No-Fault benefits involved: lost wages up to $2,000 a month, medical expenses for any treatment related to the accident or collision, as well as mileage to and from doctor’s offices. The benefits total at $50,000 unless you have purchased additional No–Fault insurance which is available to you.
Why wouldn’t you take my motor vehicle accident case?
It is commonly believed that if you are in an accident you are automatically entitled to compensation. Unfortunately, that is not true. The law requires that you must have sustained a serious injury in the state of New York in order to qualify. We have decades of experience handling these types of cases, and know exactly what we need to prove in order to get you a fair settlement or a fair verdict.
Why should i call an attorney and not just go through my insurance company?
Very often insurance companies will contact you directly in order to try and settle your case. Unfortunately, you need to remember that insurance companies have only their interest in mind. They’re not out there to help you, and what they might offer you can be a tiny percentage of the full value of what your case is. Only an experienced lawyer in experienced firms know the real value of your case and can help you attain the maximum recovery that you’re entitled to.