Auto accidents can vary from simple fender-benders to serious collisions. If you have been involved in a motor vehicle accident, it is important to determine and understand the severity of your case and seek legal help accordingly. At Jacoby & Meyers, our car accident attorneys have the legal knowledge expertise and experience to help you win the compensation that you need and deserve. If you or a loved one have been seriously injured in an automobile accident, please contact us today.

Did you know?

On average, every hour four people die in car crashes in the United States. According to experts this number is on the rise.

Contributing factors to fatal car crashes:

  • Driver impairment
  • Driver distraction
  • Failure to abide by traffic laws

Motor vehicle crashes are the leading source of death for young adults ages 16-24.

Roughly 95% of all crashes were due to driver-related reasons. This means the majority of fatal crashes are preventable.

Auto Accident FAQ:

Who is responsible for drunk driving accidents?

A number of parties may be held responsible for drunk driving accidents, including:
Drivers:Drivers are responsible for their own behaviour. They can be held responsible if they cause accidents after consuming alcohol.
Bar / restaurant owners / staff:They can be held responsible for drunk driving accidents. It is their responsibility to stop serving patrons that appear to be intoxicated.
Drunk drivers’ employers:If accidents were caused by drivers driving a company car while intoxicated, their employers may be held responsible for the accident.

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.

Who can sue in a drunk driving accident case?

Any injured person may bring a claim against a drunk driver for injuries sustained in an accident. In the event that someone is killed due to the negligence of a drunk driver, relatives of the deceased have the right to bring a claim against the drunk driver and possibly against the bar or restaurant that served the drunk driver as well.

What should I do if I was the victim of a hit and run accident?

Remain at the scene of the crash, get medical help and gather as much information as you can. This will help the police and your car insurance company identify the other vehicle. Get the contact information of any witnesses. If the driver of the other vehicle is not found or apprehended, your uninsured motorist coverage may cover the damage in a hit and run.

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.

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 legal options do I have if I have been hit by a drunk driver?

If you have been hit by a drunk driver, you may pursue compensation for your injuries and damages. Drunk driving cases always result in criminal trials. Although a criminal trial is an important aspect of obtaining justice in your case, it will not result in any monetary compensation. In order to get compensated, you must file a civil claim in addition to the criminal charges against the drunk driver. It is only through a civil case that you will be able to obtain compensation for your injuries.

What information do I need to file a car accident claim?

When filing a car accident claim, you should have the following information:

Your full name and policy number.
The start and end date of your policy.
Date and time of the incident.
Names, addresses, and phone numbers of all drivers, passengers, and witnesses.
Driver’s license and license plate numbers of all drivers involved in the accident.

What happens if a hit and run driver is never identified or apprehended?

In cases like these, an attorney will know when to give up on waiting and help you file a claim with your own insurance company to cover your medical bills, lost wages, and other damages. The type of insurance you have is important. If you have uninsured/underinsured motorist coverage, it may cover the damage you may have suffered in a hit and run accident.

What to Do After a Hit & Run Car Accident?

The first thing you need to do after a hit & and run accident is to stay calm and call 911 to get immediate medical attention. Next, call the police and report the accident. After that, do the following:

Get any details you can get regarding the driver and/or his vehicle, anything that you can remember.
Take pictures of the damage to your vehicle and the surrounding area.
Record the names and contact information of any witnesses to the accident.

Should I contact the police if I’m in a car accident?

Yes, you should contact the police if you are in a car accident. Even if the accident seems minor, contact the police immediately.
Here’s why:

The police will file an official report concerning the accident.
The police report is trusted by insurance companies as a basis for filing claims.
The police report is an official document and proof of the accident.
The police will get first-hand information from witnesses.

I was in a rear-end accident and the other driver was clearly at fault. Do I still need an attorney?

Rear-end accidents may often seem straightforward but in reality are not. In many rear- end crashes, insurance companies use a wide range of tactics to reduce or deny claims. They may argue that because the collision happened at low speed, injuries aren’t due to the accident. An aggressive attorney will fight for your best interests.

I was injured in a car accident by a drunk driver. What should I do?

The most important step is to notify the police and get immediate medical help. Document every aspect of your injury, including medical records and police reports. This documentation can help your attorney recover damages more easily. Also, obtain contact information from witnesses and take photographs of the accident scene.
Do not discuss your case with an insurance company before speaking with a car accident attorney. The insurance company may pressure you to settle quickly for a very small amount of money. Your car accident attorney will help you to properly negotiate your case.

If I was not wearing a seat belt at the time of my accident, can I still file a claim for damages?

Yes, you can still file a claim for damages if you were not wearing a seat belt at the time of the accident. However, this fact may reduce the damage recovery amount. This is because many states accept a seat belt defense made to limit damages granted in a car accident claim. This simply means that in case you are injured in a car accident and were not wearing a seat belt, your recoverable damages may be lessened.

How is fault determined in a car, truck, motorcycle, or bicycle accident?

In a car, truck, motorcycle, or bicycle accident, determining who is at fault is a matter of deciding who was negligent in causing the accident. The following factors are taken into consideration to determine who was at fault in an auto accident:

Did the driver violate the traffic rules?
Was the driver (or pedestrian or cyclist) not reasonably careful?
Did the driver’s conduct cause actual injury or damage to someone?

How do I prove that a hit and run accident was someone else’s fault if that person has left the scene of the accident?

In order to help prove the fault of the hit and run driver, make sure that you:

Contact the police so that a report of the accident can be filed
Get the names and telephone numbers of witnesses. Witnesses to the accident can provide valuable information to help determine who was at fault in a hit and run crash.
Take photos of the damages to your car, as well as the crash scene in general, including any skid marks
Speak to a skilled hit and run accident lawyer as soon as possible so that evidence of the scene and of the automobile damage can be preserved as soon as possible.

How can I make a claim in a hit and run accident?

If the negligent driver is not apprehended, it will be difficult to make a claim with the driver’s insurance company. However, you can still claim damages with your insurance company. The type of insurance policy you have is important. If you have uninsured/underinsured motorist coverage, it may cover you for the damage you suffered in a hit and run accident.

Can I be found liable if my car is rear-ended in crash?

If your car was hit from behind, the accident is normally the other driver’s fault, regardless of the reason you stopped. In some situations, when a third car hits the car behind you and pushes it into the rear of your car, it is the driver of the third car who is at fault and may be liable for the crash.

If I was not wearing a seat belt at the time of my accident, can I still file a claim for damages?

Yes, you can still file a claim for damages if you were not wearing a seat belt at the time of the accident. However, this fact may reduce the damage recovery amount. This is because many states accept a seat belt defense made to limit damages granted in a car accident claim. This simply means that in case you are injured in a car accident and were not wearing a seat belt, your recoverable damages may be lessened.

What information do I need to file a car accident claim?

When filing a car accident claim, you should have the following information:

Your full name
Your Insurance Card
Street, city or county where the accident took place
Date and time of the incident
How the accident happened
Name and contact information of those involved in the accident
Driver’s license and license plate numbers of all drivers involved in the accident
A description or picture of the damage to the vehicles
Police report

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.

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.

 

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