CAR ACCIDENTS
Our firm represents car accident victims who have been injured by negligent drivers in New York City, Queens, Brooklyn, the Bronx and the surrounding areas of Long Island and Westchester County. Our firm has years of experience investigating motor vehicle accidents, negotiating with insurance companies and taking these lawsuits to trial.
No-Fault Insurance Claims
New York is a ” no-fault ” insurance state. This means that if you are injured in a car accident, you will be able to recover compensation for medical bills and lost wages even if the other driver had no insurance or you, yourself, were partially responsible for the accident. That said, no-fault benefits are rarely sufficient to cover all the expenses in the case of a severe car crash injury. In fact, many victims have their benefits delayed or denied. If this happens, don’t despair. There may be other avenues of recovery.
Threshold Injuries for Car Accident Victims
New York allows a car accident or car wreck victim to pursue a personal injury claim ONLY when his or her injuries meet certain criteria. Sometimes called ” threshold injuries, ” these auto accident injuries include: death; loss of a fetus; significant disfigurement (usually facial); amputation injuries; serious fractures; and the permanent total or permanent partial loss of use of a body organ, member, function or system; and non-permanent injuries that significantly disable the person for no less than 90 days out of the first 180 days after the car accident occurred. In most cases, medical experts must corroborate or testify to these injuries and conditions. Unsubstantiated complaints without medical proof will not be acceptable.
As you can see, the law has many complications and pitfalls. Inexperience can cost you dearly. Our attorneys know the law, how to investigate these cases, and how to make certain your injuries are properly documented. You’ve already been a victim once. Don’t be victimized again by choosing the wrong lawyer.
BUS AND SUBWAY ACCIDENTS
The subway system and most of the buses are operated by the New York City Transit Authority. The remaining buses are operated by the Manhattan and Bronx Surface Transit Operating Authority, a sister authority run by the state of New York. It is important to remember that because these bodies are creatures of government, strict legal conditions must be met before a claim or lawsuit to recover compensation for injuries resulting from an accident can proceed.
These conditions include the filing of a written Notice of Claim within 90 days of the accident, and other time constraints dealing with the commencement of a lawsuit. For those reasons, prompt action is required whenever there is a possible claim against either of these agencies or the claim may be lost.
Generally, the laws of the state of New York provide that the Transit Authority or the Surface Transit Operating Authority will be legally responsible for any negligence in the operation or maintenance of the train and bus systems. Like a railroad, the Transit Authority is considered to be a common carrier that is required to exercise reasonable care in providing passengers with a safe ride.
TAXI ACCIDENTS
New York City is the taxi capital of America. There are more than 50,000 taxis, limousines and other licensed carriers moving people around New York City. Add the number of unauthorized “gypsy” car services and it’s easy to understand why hundreds of pedestrians, bikers and drivers are injured every year in accidents involving taxi driver negligence.
Taxi Accident Cases Are Often Complex
Most authorized taxi cabs and limo services are covered by insurance. Unfortunately, the cab companies and their insurance carriers will do everything possible to place blame on the victim. Investigating the accident requires a thorough knowledge of pedestrian right of way and cab driver training and liability. Our Firm has the experience and skills to represent clients in the most complex taxi injury cases and against the largest insurers in America.
What Does New York City Law Say About Insurance Requirements for Cabs?
New York City requires that all cabs and limousine companies carry a minimum of $100,000 personal injury liability insurance for an individual claim, with a required amount of $300,000 for multiple claims resulting from a single accident. Illegal gypsy drivers generally carry the required amount for an individual driver, which is $25,000 per personal injury liability claim.
An inexperienced lawyer will cost you more than you may ever know, and you don’t want to be a victim twice. Because New York is a no-fault insurance state, you are entitled to claim the full amount of your financial damages resulting from the accident, including medical bills. Physicians are required to adjust their billing according to the amount of no-fault insurance coverage available. However, the no-fault component of New York insurance law does not take into account your pain and suffering and other intangible costs.
MOTORCYCLE ACCIDENTS
New York City traffic is not for the faint of heart. It is often not safe for motorcyclists. Still, because of their relatively small size, maneuverability and natural parking advantages, motorcycles are a popular choice for urban motorists. Advantages aside, motorcyclists themselves are at the mercy of many factors outside their control and are extremely vulnerable to serious injury or death every time they ride.
Our firm represents people who have been injured in New York City-area motorcycle accidents. We handle cases involving all types of motorcycle crash injuries, including motorcycle head injury, broken limbs, road rash, traumatic brain injury and other harm, including death.
No ” No-Fault ” Coverage for Motorcycle Accident Victims
The medical bills, job and income losses, physical disabilities and other hardships that a victim suffers after such an accident can be staggering. But unlike people who are injured in car or truck accidents, motorcycle accident victims are not covered by New York’s no-fault insurance requirement.
This means that a motorcyclist who suffers minor injuries cannot recover compensation for medical bills and lost wages through no-fault insurance. However, because motorcyclists are so vulnerable, the accidents in which they are involved tend to result in catastrophic spinal injuries, head traumas or fatal injuries that exceed the ” threshold ” for personal injury claims in New York.
TRUCK ACCIDENTS
Narrow highways and streets combined with dense traffic mean accidents involving large trucks and other commercial vehicles. It’s a question of when — not if. But while being a trucking accident victim may not always be avoidable, choosing the wrong lawyer is.
Our firm handles personal injury and wrongful death claims resulting from commercial vehicle or truck accidents in the NYC area. Our practice includes accidents involving vans, shuttle buses, limousines, delivery vehicles, semis, corporate automobiles and out-of-state trucks. We have years of experience investigating these types of accidents, negotiating with insurance companies and taking these lawsuits to trial.
Although any number of factors can cause a trucking accident, some causes are more common than others. These include:
- Reckless driving
- Excessive speeding
- Brake failure/mechanical failure
- Poorly maintained vehicles
- Driver fatigue
- Alcohol or drugs
- Improperly secured cargo
- Other safety and regulatory violations
Trucking accident victims have many possible sources of compensation. Our lawyers are skilled at identifying these potential sources of compensation and at building strong and compelling cases designed to maximize the end results. That said, we will not just let you sit and suffer while we wait on our hands for a fair settlement offer or trial. Our firm will work to get your medical bills and lost wages covered by quickly processing your no-fault claim with the insurance company. We will also work closely with your insurer to get the damaged vehicle repaired or replaced as soon as possible.
