According to 2015 data by the National Safety Council, it is estimated that 38,300 people were killed on roads in the United States in 2015. Approximately 4.4 million people sustained injuries that required medical attention. The number of deaths caused by car accidents increased by 8% compared to 2014. The NSC stated that the highest increase in one-year percentage in traffic deaths in 50 years occurred in 2015. An average of 1,098 deaths occurs each year in New York as a result of unintentional injuries caused motor vehicle accidents.
Common Questions about Car Accidents
Many times, people who have been in a car accident do not know what to do after finding out that their insurance will not be enough to cover their injuries. They usually have many questions regarding their accident and the litigation process, which include the following:
Q1: What is New York’s no fault system?
A: When drivers are involved in a car accident in New York, each party turns to their insurance company in order to be compensated for the injuries and losses, no matter who was fault. According to state law, victims are allowed to take legal action if the accident caused a disfiguring injury, a fractured bone, an injury resulting in loss of an organ or a limb, or if the limits of the victim’s insurance policy are reached.
Q2: How do I know who the at-fault party is?
A: First, whenever you are involved in a car accident, you should call the police, even if you do not sustain any injury. When the police arrive, the officers will speak to you as well as the other party involved. They will make a report that determines which party was at-fault for the accident. If you decide to file a claim, you should make sure to obtain a copy of the police report.
Q3: Can I still file a claim if I was partially to blame for the accident?
A: The answer is yes. Even if you are partially at-fault, you may still be able to take legal action. Comparative negligence is recognized in New York, which means that the court determines the percentage of fault of each driver. After determining the percentage, the court applies it to the damages awarded.
Q4: What should I do if the insurance adjuster asks for a medical authorization?
A: Do not give it. If you give the insurance company medical authorization, it means that you are authorizing them to obtain any and all medical records, even those not pertaining to your accident. They will try to use these records against you if you decide to file a claim.
Get Legal Help for Car Accidents in New York
If you or a loved has been injured in a car accident, you should immediately seek the counsel of the reliable personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at (800) 660-2264. The first meeting with us is free. We know how to win these types of cases. Do not sign any paperwork with the opposing insurance company until you have spoken with RMFW Law. They will undercut your case! RMFW Law has won big money for previous clients, you too can be on this sensational list. We are not paid unless you are paid.
|$15 Million - Jury Award Against Hospital|
|$10.5 Million - Malpractice Infant Brain Damage|
|$9 Million - Brain Injured Baby Settlement|
|$7.75 Million - Pediatric Intensive Care Unit|
|$7.5 Million - Injured Construction Worker Settlement|
|$7.25 Million - Intersection Accident Settlement NYC|
|$5.5 Million - Bus Accident Award|
|$5.5 Million - Injured Child|
|$5.5 Million - Blinded Woman|
|$5.45 Million - Injured Child|
|$5.4 Million - Construction Burn Victim|
|$5.1 Million - Motorcycle Victim|
|$5 Million - Eye Surgery|
|$4.5 Million - Failure to Perform C-Section|
|$4.5 Million - Personal Injury Settlement|
|$4.4 Million - Failure to Diagnose Infection|
|$4.125 Million - Failure to Diagnose Quadriplegia|
|$4.0 Million - NYC Hospital Negligence Birth Injury|
|$3.8 Million - Electrician|
|$3.75 Million - Hospital Negligence Sepsis|
|$3.7 Million - Birth Injury Infant Stroke|
|$3.5 Million - Faulty Freight Elevator Fall|
|$3.4 Million - Surgical Error Bronxville Hospital|
|$3.28 Million - Eye Surgery Case|
|$3.15 Million - Settlement for a Brooklyn Laborer|
|$3.1 Million - Verdict Returned by NY Jury|
|$3.1 Million - Awarded by Brooklyn Jurors|
|$3 Million - Birth Injury Development Delays|
|$3 Million - Settlement Scaffold Injury Hudson Yard|
|$3 Million - Hot Water Burn Death|
|$2.6 Million - Surgical Error Premature Death|
|$2.5 Million - Hospital Malpractice Toddler Hemiplegia|
|$2.4 Million - Failure to Diagnose Lead to Paralysis|
|$2.3 Million - Birth Injury Brain Damage|
|$2.1 Million - Hospital Negligence Birth Injury|
|$2.1 Million - Failure to Diagnose Stroke|
|$2.1 Million - Surgical Error Paraplegic|
|$2.1 Million - Injured Worker|
|$2 Million - Hospital Negligence Permanent Injury|
|$2 Million - Malpractice Settlement Delay in Delivery|
|$2 Million - Verdict against Hospital|
|$1.8 Million - Failure to Diagnose Tumor|
|$1.75 Million - Diagnosing Prostate Cancer|
|$1.5 Million - Prostate Procedure Malpractice|
|$1.5 Million - Delay in Treatment - Nerve Damage|
|$1.4 Million dollar settlement in Action Over Explosion|
|$1.26 Million - Disabled Vehicle's Driver Hit|
|$1.15 Million To Slip-and-Fall Victim awarded by Jury|