Help for victims of car accidents
Knowing what damages victims may be able to claim following a car accident is useful to help them through the recovery process. In addition to damages for medical expenses, damages for lost wages, lost earning capacity and pain and suffering damages may be available to injured victims through a personal injury claim for damages.
Personal injury damages can help victims navigate the recovery process. Victims of car accidents may suffer a wide range of damages from cuts, bruises and broken bones to more catastrophic injuries including brain injuries, paralysis and other potentially disabling injuries. Victims who are unable to work as a result of the injuries suffered in a car accident, or while they are recovering from their injuries, may be able to recover damages for lost wages and lost earning capacity.
Victims may also be able to recover compensation for medical expenses including ambulance fees; consultation with healthcare professionals; medical accessories such as crutches or other accessories; disability or disfigurement; physical or cognitive therapy; and in-home care services. It is important to take into account medical expenses the victim has incurred as well as future medical care costs they may incur.
Personal injury legal resources are available to help protect victims when they have been injured by the negligence of another party. Car accident victims may be able to recover compensation for their physical, financial and emotional damages and should be familiar with the damages that may be available to them through a personal injury claim when they have suffered harm in a car accident.
Filing a car insurance claim: The dos and don'ts
Being part of a motor vehicle accident, regardless of the severity, has the potential to alter your life in many ways. Even if you're part of a minor fender bender, you'll still need to contact your insurance company and work with them to have the damage repaired.
In the event of a more serious car accident, such as one in which you suffer an injury, you'll have even more challenges to contend with.
When filing a car insurance claim, here are some of the many things you need to do (courtesy of FindLaw):
- Call your agent as soon as possible, such as after receiving medical treatment for your injuries
- Review the details of your policy with an eye toward the coverage
- Take notes of all conversations with your agent and other insurance company representatives
- Collect as much evidence as possible, such as notes regarding the accident and photos of the scene and your injuries
- Keep receipts for all expenses associated with the accident, including those for lodging, food and medical bills
Now, let's examine some of the things you shouldn't do when filing a car insurance claim:
- Don't provide a written or recorded statement until you understand your policy and know what you want to say
- Don't accept the first estimate, as your insurance company may throw you a "low ball" offer to start
- Don't sign anything until you know exactly what it is and how it will impact your claim
- Don't accept a check for final payment, as this will make it more difficult to seek additional compensation in the future
- Don't assume you have forever to make a claim
Along with the above, there's one more thing to remember: You have a contract with your car insurance company.
Even though you may face some resistance, your insurer must live up to their obligations as outlined in the policy.
There will always be challenges when filing a car insurance claim, as you can't expect everything to go as planned.
Once you know the process to follow and how to protect your legal rights, you'll find it easier to communicate with your car insurance company with the idea of putting your accident in the past as soon as possible.
Who is to blame for pedestrian accidents?
Walking is one of the most common modes of transportation for Brooklyn residents, whether they walk to work or just down the street to the subway. With so many pedestrians on the road, their safety should be a top priority. However, nearly 50 pedestrians are killed in accidents every year; many more are seriously injured.
To prevent these accidents, it can be helpful to know why they happen in the first place. Below, we examine some of the more common causes of pedestrian accidents and what you can do if you are among those injured in one.
Motorists
Often, drivers are involved in a pedestrian accident. A driver might make an illegal or unsafe turn, fail to stop at a traffic signal, or be unable to stop at a crosswalk because he or she is speeding or distracted. Impairment by fatigue, alcohol or drugs could also contribute to an accident between a driver and a pedestrian.
Pedestrians
Some accidents are caused by other pedestrians. People walking around Brooklyn may be looking at down at their phones or otherwise unaware of their surroundings. Intoxicated walkers can pose a threat to others as well, especially if they are aggressive, clumsy or if they don't follow traffic laws.
Property owners
Keeping premises free from hazards is an important responsibility for property owners in New York. This means they must clear their walkways of snow, ice and other potential hazards. It also means they (or the Department of Transportation, depending on who owns the property) must repair defective sidewalks. Failure to do this could lead to hazardous conditions that put pedestrians in danger of slipping, tripping and falling.
What to do after a pedestrian accident
If you or your loved one has been involved in a pedestrian accident recently, you may have grounds to file a legal claim seeking damages from a motorist, pedestrian or property owner engaging in the behaviors we discussed in this post.
Money from a lawsuit cannot undo the accident, but it can help injured parties get the help they need to recover from a serious accident. This money can be crucial, as pedestrian accidents often result in catastrophic injuries.
Four-year-old girl killed by hit-and-run driver in parking lot
Commercial parking lots are not generally considered to be the likely scene of a serious motor vehicle, but in the crowded commercial areas of Bushwick in Brooklyn, vehicles and pedestrians move in close proximity to one another. Occasionally, they come into contact with each other, and death or serious injuries are the result.
A recent pedestrian-vehicle accident in a laundromat parking lot resulted in the death of a young girl and serious injuries to her mother. According to police and eye-witnesses, the woman and her child were walking on a public sidewalk that was used by vehicles for access to the parking lot. A second women walked out of the laundromat, climbed into an SUV and struck the child and mother as she left the parking lot. The driver of the SUV did not stop but was arrested later. The four-year-old was taken by ambulance to Wyckoff Hospital, where she died from her injuries. Her mother was also hospitalized in serious but stable condition.
Several witnesses who are frequent users of the laundromat say such an accident was inevitable. The layout of the parking lot requires vehicles to traverse the public sidewalk when entering or leaving the parking lot. The sidewalk is used by pedestrians at all times of the day.
Anyone who has been injured or lost a loved one in a motor vehicle accident may wish to consider seeking damages from the person or parties at fault. In this case, the driver of the SUV is an obvious defendant, but the owner of the land and the operator of the laundromat may also be liable if they had knowledge of the hazardous layout and failed to take proper remedial measures. An experienced personal injury lawyer can assist in identifying potential defendants, analyzing the law and evidence that will govern the case and providing an estimate of potential damages.
Don't make these mistakes after a car crash
The second you are part of a car accident is when you begin to worry about the future. Who was at fault? Do I have any injuries? What type of damage did my vehicle sustain? What impact will the accident have on my finances now and down the road?
These are the types of questions that will run through your mind (and need answered at some point).
While there's a lot to think about, don't lose sight of the fact that you can only move through the process one step at a time.
Before we discuss the mistakes you don't want to make after a car accident, make sure that your health and well-being is your top priority.
Forget about everything else as you check yourself for injuries and decide what to do next.
Here are a handful of mistakes to avoid after a crash:
- Don't feel compelled to move your vehicle, unless it's required by law or necessary to enhance your safety
- Don't stand in or in close proximity to traffic, as you risk being part of another accident
- Never leave the scene of an accident until you exchange information and/or police tell you that it's okay to do so
- Don't throw away anything you could use as evidence in the future
- Don't engage in conversation with the other people involved in the accident, as you don't want to say something that could work against you in the future
- Don't share too much information with your insurance company until you first learn more about your policy and coverage levels
When there's no pressure, it's easy to assume you'll never make one of these mistakes. However, if you are part of an accident and there's a lot happening, you may fall prey to one or more of these mistakes.
After you check yourself for injuries and receive medical attention, you can turn your focus to the cause of the accident and the next steps to take. By knowing and exercising your legal rights, you can protect yourself and the right to seek compensation for your medical expenses, lost wages and pain and suffering.
What do I do if I was hurt in a car accident?
Car accidents can be devastating for victims which is why it is important for them to be familiar with their legal protections if they have been injured in an unexpected car accident or other personal injury accident. There are important steps victims of car accidents should take following a car accident to preserve the personal injury protections available to them but they may wonder what they are.
A personal injury claim for damages will allow car accident victims to recover compensation for the harm they have suffered including compensation for their physical, financial and emotional injuries. Car accident victims should ensure that any evidence available related to the accident is collected which can include photographs and other relevant information. In addition, car accident victims should make sure to obtain information from witnesses who may have witnessed the car accident. If possible, they should obtain statements and identifying information for witnesses.
Additionally, victims should carefully record, in writing, the circumstances surrounding the car accident and the car accident itself. Police should also be summoned to the scene so that a police report will be available for use should it be needed later. It is also important to seek needed medical care and treatment and carefully document the medical care and treatment the victim receives. All of this information will be helpful should the victim decide at some point to pursue a claim for damages against a negligent driver responsible for the harm they suffered.
Personal injury protections are an important resource for victims of car accidents to be familiar with. Because they can help victims in many ways, it is important for car accident victims to be familiar with the personal injury legal protections available to them.
Help for victims of truck accident
Truck accidents can be harrowing for victims and can result in catastrophic injuries and harm to victims. Examples of catastrophic injuries that truck accident victims may suffer as a result of a truck or other commercial vehicle accident can include serious fractures, spinal cord injuries, traumatic brain injuries, burns, paralysis and disability.
Truck accident victims may require ongoing medical care, treatment and in-home care. Sometimes the impact of a truck accident can last a lifetime. A personal injury claim for damages can help victims recover compensation for medical expenses, lost wages and pain and suffering damages. A personal injury claim can help victims with damages ranging from hospital costs to future medical care costs.
Because passenger vehicles are dramatically outweighed by big rig trucks, the consequences of a truck accident to victims can be life changing and the injuries can be severe. When truck accident victims have been injured by a negligent truck driver, such as a truck driver driving under the influence, distracted while driving or fatigued, or a negligent trucking company, such as a trucking company that fails to maintain its trucks or pushes its drivers to drive while fatigued, they may be liable to victims for the harmed suffered.
Victims of truck accidents can suffer the impacts of an unexpected truck accident for a lifetime which is why the legal process provides important resources and remedies for them to be aware of. Victims can recover compensation to help them with the recovery process which is something they should be familiar with it.
Study finds big jump in SUV-pedestrian fatalities in last 8 years
SUV's are extremely popular. Between 2009 and 2016, the number of passenger vehicles registered, excluding SUVs, decreased by a little less than 1 percent. Over the same period, the number of SUVs registered grew by 37 percent. SUVs and light trucks now account for 67 percent of the American auto market.
Unfortunately, SUVs are responsible for a growing number of pedestrian fatalities. The nonprofit Insurance Institute for Highway Safety found a huge spike in fatal SUV-pedestrian collisions between 2009 and 2016.
During those eight years, fatal pedestrian crashes involving SUVs grew by 81 percent. That's 3.1-percent higher than the increase in such crashes involving all other vehicle types combined. This confirms a previously recognized trend.
"Although larger, heavier vehicles provide more protection to their occupants and thus have lower driver death rates per registered vehicle than smaller cars," according to the Institute, "previous research has found that SUVs and other light trucks and vans were associated with increased risks of severely injuring or killing pedestrians in an impact when compared with cars."
SUVs can be especially deadly to pedestrians
The basic shape of an SUV makes it more dangerous to pedestrians. Since they are taller and their front-ends are squarer, SUVs are more likely than other vehicles to strike pedestrians in the head or chest, as opposed to the legs.
One approach to reducing the risk is to "soften up" the front end of the vehicle. This could be done by adding a "pedestrian airbag" that would inflate when the vehicle hits a pedestrian, potentially preventing the pedestrian from striking the vehicle's roof pillars, which can be especially dangerous. Adding rearview cameras and brighter headlights could also help.
Other factors contributing to fatal pedestrian accidents
The study's authors don't know exactly what has caused the jump in SUV-pedestrian fatalities, but it's worth noting that fatal pedestrian crashes have themselves risen in recent years. In 2016, pedestrian deaths were at their highest rate since 1990. Per capita, the greatest increase in fatalities was among pedestrians between 20 and 69.
That could be the result of more walking among people in that age group. Between 2005 and 2015, the estimated number of Americans reporting walking as their primary mode of transportation rose from 3.3 million to 4.2 million.
According to the National Highway Traffic Safety Administration, New York City had the highest number of pedestrian fatalities in 2016.
In order to prevent these tragedies, every driver needs to be vigilant about watching for pedestrians. If you or a loved one has been hit by a car, truck or SUV, contacting a personal injury attorney can help ensure that you receive full, fair compensation for your injuries and losses.
Injured in an accident? Don't forget to do these things.
Every time you leave home you are at risk of getting into an accident. For example, you could be part of a motor vehicle collision or a slip-and-fall accident.
While you can't live your life in fear, accidents still happen. If you are injured in an accident it's important that you know which steps to take, as well as a timeline for what you can expect in the days and weeks to come.
Before we discuss the steps to take immediately following an accident, it's important to note that your health is more important than anything else. So, even though there are things you need to do, seek medical attention if you need to and take care of your well-being.
Here are a few other steps to immediately take:
- Collect evidence. You want to collect any evidence that shows who was responsible for the crash. Photos of your injuries, property damages and the accident location only strengthen your case.
- Write down everything. Even if it doesn't seem important at the time, still include every last detail. That could be anything from what the other person said after the accident to how many days you had to take off of work.
- Collect witness information. Just as with other evidence, you should collect contact information of any witnesses. A name and phone number is best, as you may need to get in touch with these people as your case moves forward.
- Learn more about your insurance coverage. If you were involved in a car accident, you need to review your policy, contact your agent and file your claim.
Just because you are part of an accident does not mean you can make a personal injury claim. Some minor accidents only result in property damage, thankfully. However, if you sustained injuries or injuries develop in the days following the accident, you need to protect your legal rights at all times.
As you focus on receiving the right type of treatment, turn your attention to what happened during the accident and where you fit into the equation. This will help you better understand what to do next and how to hold the negligent party responsible for his or her actions.