Long Island Personal Injury
Examining 879 fatal crashes on Long Island that were recorded by the NHTSA's Fatality Analysis Reporting System yielded the finding that Route 27 was the road with the most fatal accidents from 2012-2015. It had 69 fatal accidents. Other roads with many fatal accidents during that period were the Southern State Parkway, Route 25, Route 24, and Route 25A. If you were injured in a car crash or another accident, or if you lost a loved one in a fatal crash, you should consult an experienced personal injury attorney. At Newman, Anzalone & Newman, our Long Island personal injury lawyers may be able to evaluate what happened to you to determine whether you have a sound case, and we can provide legal representation accordingly.Seeking Compensation for Your Injuries
If you were injured in a car accident, the first thing to consider legally probably is whether there was driver error. Drivers can err in many different ways, including by failing to follow road rules, running traffic lights or stop signs, weaving, drunk driving, texting while driving, failing to yield, or driving while fatigued. When another driver's error causes serious injuries that allow you to go beyond no-fault insurance, you may be able to sue for your injuries. You will need to show that the other driver owed you a duty of care, there was a breach of duty, and there was causation and actual damages.
Often, the other driver will try to pin the blame back on you. This is one reason why it is important to retain a personal injury attorney on Long Island before talking to the other driver's insurer, which may be trying to obtain evidence that you were partially or fully at fault for the accident. Under the rule of comparative negligence, the jury will determine the total damages and assign percentages of fault. Your damages will be reduced by an amount equal to your degree of fault. For example, if the damages are $100,000, but you are 25% responsible and the other driver is 75% responsible, you can recover $75,000 from the other driver.
Sometimes accidents are caused by dangerous property conditions. Usually, you will need to establish that you were lawfully on the property and that the owner was negligent with regard to the dangerous property condition, such that you were injured. A property owner will only be liable if your Long Island personal injury attorney can also establish actual or constructive notice of the dangerous property condition in a premises liability claim.
Constructive notice means that the owner should have known about the dangerous property condition, had they been using reasonable care to inspect the property and keep it safe for visitors. Often, it is established through video surveillance of the property that shows how long the dangerous property condition existed. Sometimes it is established through witness testimony related to the property condition. For example, if you are injured at a Long Island store where the owner failed to repair broken steps after visitors were consistently tripping over them during a period of three months, this is likely long enough that the owner should have repaired the problem.
The situation may be more complicated if you are a worker injured in a construction accident. Often, workers' only recourse is workers' compensation benefits obtained through their employers' insurance. However, there may be a basis to bring a third-party claim against one of the other contractors or subcontractors onsite, or against a manufacturer of a defective product. Special rules apply to workers who are working at heights on certain types of projects, as well as to workers who are injured as a result of certain safety code violations.Consult a Resourceful Personal Injury Lawyer on Long Island
After suffering serious injuries on Long Island, you should retain an aggressive and skillful trial attorney. Newman, Anzalone & Newman, LLP provides effective legal representation to personal injury claimants on Long Island. Call us at 718-896-2700 or complete our online form to set up an appointment.