New York Car Accident Lawyer

New York Car Accident Lawyer

The NY car crash attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf have achieved verdicts and settlements which are on the list of largest in New York. Last year our firm obtained the Top 2 car crash verdicts in New York State:

A $71 million verdict for a young woman who suffered a spinal injury in the motor vehicle accident

A $41.5 million verdict for any worker who had been fatally struck with a street sweeper

These two verdicts are also the second and third highest verdicts obtained in New York State for all those personal injury cases and the fourth and fifth  verdicts obtained in New York State for all categories of law.

Another auto case for which our accident lawyers obtained $5 million for any student who has struck by a van have also been listed one of the 2017 New York's Top Verdicts.

DO CAR ACCIDENTS ALWAYS RESULT IN LITIGATION IN NEW YORK?

Accidents involving motor vehicles are one of many most typical causes of serious injury and death inside the United States every year. Despite the advancements in technology and significant safety improvements in cars plus design for roads, motor vehicle collisions remain common. In fact, car accident claims and lawsuits are probably the most common sort of civil tort case filed by attorneys today. It is important to note that not every car wreck can lead to litigation. Where nobody is injured or the injuries are not considered serious, the No-Fault laws of New York will normally govern any bodily injury claims and restrict recovery. Conversely, the harder serious the injury that results from a car wreck, the harder likely it is that a successful recovery can be purchased.

Automobile accidents really are a class of tort cases which derive, in most cases, in the basic tort principles of negligence. Negligence is normally defined as the lack of ordinary care. It is a failure to use that amount of care that a reasonably prudent person would have used beneath the same circumstances. It may arise from doing an act that a reasonably prudent person would not have done underneath the same circumstances, or, from failing to do an act which a reasonably prudent person would've done within the same circumstances.

WHAT ARE THE MOST COMMON CAUSES  OF ACCIDENTS REQUIRING LITIGATION?

Driver Error or Driver Negligence

In the context of automobile accidents, negligence can arise under many situations. The most common reason for automobile accidents is driver error. The common driver errors seen in auto litigation are: failure to yield the proper of way, Following too closely, driving in an excessive rate of speed, driving while intoxicated and driving within the influence and disregard of traffic control devices.

Distractions to Vehicle Driver

These aren't the only reasons behind car accidents, playing with our modern world, distractions to your car driver have grown to be a growing cause of accidents. Common distractions include: car driver runs on the cellphone, car driver attempts to read, car driver puts on makeup, car driver changes radio stations station and numerous other distractions both interior and exterior of the vehicle.

Failure to Properly Service and Maintain a Car, Truck or Bus

Another significant part of automobile litigation, often noticed in a commercial vehicle setting, requires the failure to properly service and look after the vehicle.

This failure has seen with greater frequency in automobile litigation every single day. Typically, they're going to involve the breakdown of the part of the car,truck or bus due to failure from the owner or perhaps a service company to maintain and service the automobile, truck or bus.

The connection between this failure are, quite often, catastrophic. For example, the straightforward failure to lubricate the bearings on a car or commercial vehicle, this type of truck (a standard maintenance item) may lead to an entire wheel assembly becoming disengaged through the vehicle while driving.

Road Defect or Negligent Design of the Roadway

A special class of motor vehicle collisions involves factors external towards the driver or the vehicle. These are generally generally known as roadway defect cases. They can involve the style of the roadway itself wherein a: poorly designed roadway, way of controlling traffic might cause or contribute to any sort of accident, construction or debris can cause or bring about an accident and negligent design and maintenance in the roadway.

Product Liability or Auto Manufacturing Defect

Automobile accident litigation may involve a distinctive class of litigation known as products liability. In the automobile context, these claims involve a defect in a given automobile which caused the accident and resulting injuries. These defects may include tire blowout, brake failure and mechanical failure.

Often, a design or manufacturing defect is not going to cause the actual accident, but make the injuries sustained inside the accident to get far worse. Well-known types of this add the following design defects:

SUV more susceptible to rolling over in a car accident

Gas tank very likely to ignite in a collision

Manufacturing defect which causes a seatbelt to fail

Failure of an airbag to deploy properly

Frequently, the obligation on an auto accident won't rest with a single party. In fact, there might be multiple factors which caused or contributed to a automobile accident. Among the most common contributing factor to some motor vehicle accident may be the conduct with the injured person himself/herself- the plaintiff. In those situations, instead of deny the plaintiff in a motor vehicle accident case any recovery, a jury is able to compare and apportion the negligence in the plaintiff against that of the defendant and adjust its damage award for the plaintiff according towards the level of comparative negligence in the plaintiff. Thus, in case a jury finds the plaintiff 25% responsible for a major accident, the jury is effective in reducing the plaintiffs recovery by 25%. Under some situations, a jury can find that the injured party is 100% responsible for any motor vehicle accident. If that could be the case, the injured party won't be entitled to your recovery, regardless how badly injured he/she is. It is also important to note that, in most jurisdictions (i.e. New Jersey), a plaintiff who's found being over 50% accountable for the accident is not eligible for recovery in any respect. This isn't the law in New York, however.

WHAT HAPPENS IF THE AT-FAULT DRIVER DOESN'T HAVE SUFFICIENT INSURANCE COVERAGE TO COMPENSATE THE VICTIMS?

It is definitely an unfortunate reality inside world today that this negligent operator of the car might possibly not have sufficient coverage to make up the victim of his negligence. Under certain situations, the victim of your car accident may be entitled to make a claim under his/her own vehicle insurance policy. This is often generally known as UM/SUM coverage. It typically arises under two circumstances:

The negligent driver does not have any insurance

The negligent driver has minimal insurance

Unique, technical laws exist which govern the ability of an injured person to extract under these situations when a negligent driver has either no insurance or minimal insurance. Where the negligent driver is uninsured, it's often difficult for a person that's injured in the motor vehicle accident to get appropriate compensation. If the injured party carries what is generally known as "uninsured motorist coverage" through their unique automobile insurance policy, they might possess a source of compensation in the event that this other driver fails to carry insurance or is not identified (i.e. a hit and run accident). More commonly, the offending driver is under-insured and carries inadequate coverage, often at the minimum level required by state guidelines. Many states have very low insurance requirements, which unfortunately means that some in the worst drivers on the highway carry inadequate coverage due to the pricey insurance which comes from their bad driving records. Under the laws of certain states, a person could be capable to protect themselves in the event that they're in any sort of accident brought on by someone who carries inadequate coverage by purchasing additional coverage through their very own insurance carrier. If they are injured over the fault of the underinsured motorist, they could be able to get recovery through their very own insurance policy.

WHAT IS THE STATUTE OF LIMITATIONS IN NEW YORK TO FILE AN AUTOMOBILE ACCIDENT?

There are laws that proscribe enough time limits within which a person injured in a automobile accident have to take certain steps to protect their protection under the law or forever be prevented from proper and adequate compensation. In New York, some time where you can bring case for injuries in an car crash is 3 years from the date from the accident. Further, a person could be permitted have their medical expenses and lack of earnings caused by a car crash paid for from the applicable No-Fault Insurance policy. In order to get insurance plan through the No-Fault system, certain information and forms should be provided for the proper No-Fault Insurance provider in just a limited time-period carrying out a car accident. In New York the period to file for for No-Fault benefits is 1 month from your date in the accident. The failure to provide all the required information inside specific deadlines may make the denial of an injured person's to payment of necessary medical expenses and loss in earnings. The failure to get case within the Statute of Limitations will prevent any recovery regardless from the merits from the case.

HOW WILL I BE COMPENSATED FOR INJURIES IN A CAR ACCIDENT CASE?

The injury attorneys at our firm have helped a huge number of families suffering serious injuries due to car, truck, bus or other vehicle collisions. We retain expert accountants, financial analysts and economists because every injury case has its own set of associated costs, including pain and suffering, lost wages, the price tag on care and several other monetary costs. In order to accurately assess what these costs will probably be to the remainder of your victim's life, we use financial professionals to derive fair resolutions for injury victims.

For more information on New York Car Accident litigation also see Opening Statement in a Car Accident Case.

WHAT ARE SOME OF THE MOST NOTABLE RESULTS OBTAINED BY THE FIRM?

Our firm's personal injury attorneys have achieved verdicts and settlements which are one of many largest in New York and New Jersey. Some notable results include:

Record setting $71,000,000 verdict for the young woman who suffered a broken back in an Upstate New York car crash. This verdict is one from the highest ever within the US with this type of injury.

$27,500,000 verdict for a pedestrian struck by the bus. The pedestrian suffered the loss of her leg. This could be the largest verdict for this kind of injury in New York State history.

$26,000,000 settlement to the family of the 35 years old woman who had previously been a pedestrian struck and killed by a truck on 6th ave in Manhattan. This is believed to be the largest settlement within the good reputation for New York for the medical negligence of just one individual.

$12,500,000 verdict on behalf of your pedestrian who suffered degloving injuries to her leg and buttocks after being struck by the bus.

$10,750,000 settlement against a Japanese shipping company for negligence in maintaining their tractor trailer allowing the back wheels to break off striking a pedestrian and causing severe burns and mild brain damage.

$10,000,000 settlement in the auto accident for a woman rendered blind as a result of being struck by a drunk driver.

$10,000,000 settlement in Nassau County for the woman who suffered severe injuries to her legs as a result with the negligence of a bus driver.

$7,125,000 verdict for the man who suffered serious injury when he was struck by a car with an improperly marked New York City roadway construction project. For more information on this case just click here.

$7,000,000 settlement for a 68 year old man who was struck by a Town of Parsipanny bus that changed into him as he was crossing the path. The Judge stated he believes this was the greatest settlement ever no matter the reason he has handled inside last twenty years in Morris County N.J.

$6,100,000 for the woman who sustained severe head injuries as a result of being struck by way of a car burning in Manhattan.

$6,000,000 settlement for your family of a Westchester County man who had been killed in an automobile accident every time a drunk driver struck a stopped Police car resulting within an explosion and fire.

$5,500,000 settlement on behalf of an bicyclist struck by the police car which was pursuing him.

$5,400,000 settlement in a Monroe County medical malpractice case on behalf of the infant who suffered brain damage as a result in the doctors' failure to execute a timely caesarian section.

$5,000,000 settlement for a woman in a crash injured with a drunk driver. She also suffered partial paralysis as a result in the negligence of her treating physicians.

$5,000,000 settlement in a very medical negligence case when a father was killed in the car crash.

$5,000,000 settlement in a wrongful death case where a bar permitted a guy to keep to drink booze before he started driving. That man then drove his car while drunk, killing a father of two children.

$5,000,000 recovery in New York County for that widow of the physician struck and killed by an N.Y.P.D. tow truck when he was riding his bike about the Green Way for the West Side once the truck made a right switch on towards the path and crashed into him. The decedent was not wearing a helmet.

$4,800,000 verdict for the wrongful death of an 8 years old child killed as the result with the negligence of a truck driver.

$4,000,000 verdict for any woman who was injured in a car crash each time a car crossed into her lane of travel. Her seven years old daughter was killed inside the accident, and she or he suffered a fractured leg.

$3,500,000 for your death of your elderly man struck by a car in mid-down Manhattan.

$3,250,000 settlement on behalf of an man injured when struck with a van in front of Bloomingdale's. The injuries included multiple leg fractures and a bladder injury.

$3,000,000 settlement for the woman who suffered significant leg injuries when thrown from your boat after a motor room fire exploded.

$2,750,000 verdict for any man who suffered injuries when a car crossed into his lane of traffic. The City of New York occured 80% responsible (affirmed on appeal) for failing to have erected jersey barriers to avoid crossover accidents.

$2,600,000 recovery in a automobile accident case for your death of an man struck by the car while sitting in the restaurant when the auto crashed over the window.

$2,600,000 settlement on behalf of the pedestrian who suffered leg injuries after being struck by the New York City Transit Authority Bus.

$2,300,000 settlement for a young man injured because of negligent placement of the LILCO power line causing an vechicle accident. The man suffered head and leg injuries.

$2,250,000 settlement for man suffering significant leg injuries when struck by the car.

$2,050,000 recovery in a very New York car accident case for a pedestrian who suffered spinal injury and surgery.

$2,050,000 verdict to get a man who had previously been struck by way of a transit authority bus while riding his bicycle. He suffered pelvic injuries and urethral injuries.

$1,900,000 settlement for any woman who suffered decrease of her spleen and psychological trauma following an auto accident.

$1,500,000 settlement in the automobile accident case to get a woman who sustained serious injuries to her turn in Suffolk County when her vehicle was rear-ended by an asphalt truck whose brakes failed due to company's failure to take care of them properly.

$1,500,000 settlement for the woman injured in a car accident who suffered jaw and elbow injuries.

$1,250,000 recovery for a man in an crash case who suffered leg fractures when struck by the car while riding his motorcycle.

$1,250,000 settlement for the woman who suffered significant leg injuries in a very car wreck.

$1,200,000 settlement in a crash case on behalf of an Staten Island motorcyclist who sustained serious foot injuries when he was struck by a vehicle making a dangerous left-hand turn.

$1,200,000 verdict for the man who suffered a herniated cervical disc when a teen dropped a pumpkin from an overpass onto the Long Island Expressway striking the windshield of is car.

$1,200,000 verdict for any woman who, while riding her bicycle, suffered a lower back injury (herniated disc) after being struck by a car.

PUBLICATIONS & LECTURES

In addition to actually representing plaintiffs in the variety of vehicle accident matters, the NYC personal injury attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf are sought out by the legal community because of their expertise--our lawyers showed articles inside the regions of car, truck, bus and many types of types of automobile accident cases and also have lectured during the entire country. Below really are a sample of publications from and lectures and seminars where our lawyers happen to be involved:

Basics of Handling an Auto Accident Case, New York State Bar Association, Torts, Insurance and Compensation Law Section, Spring 2012

2011 “Motor Vehicle Accident Litigation: The Road Less Travelled", New York State Bar Association

2011 “Motor Vehicle Accident Litigation-The Road Less Travelled”: Summary Judgment for The Plaintiff, Fall 2011

"Auto Claims and Trials: Winning, Defending and Understanding Coverage", Lorman Education Services, Spring 2008

"Auto Insurance: Uninsured, Underinsured and Accident Litigation", Lorman Education Services, Spring 2007º

"What they continue to do Wrong: The Mistakes Repeatedly Made by Plaintiffs' and Defendants' Counsel", Emerging issues in Motor Vehicle Product Liability Litigation, American Bar Association, Tort Trial and Insurance Practice Section, Scottsdale, Arizona, Spring 2007

"Automobile Litigation: Update and Strategies", New York State Bar Association, Spring 2006

“Update on Trucking Litigation and Claims”, New York State Bar Association., 2006

Publications

“Intake of the Plaintiff’s Case,” Basics of Handling an Auto Accident Case, New York State Bar Association, Torts, Insurance and Compensation Law Section, Spring 2012

“Summary Judgment for that Plaintiff in Auto Accident Cases,” Basics of Handling an Auto Accident Case, New York State Bar Association, Torts, Insurance and Compensation Law Section, Spring 2012

“Motorcycle and Bike Accidents,” 2011 Motor Vehicle Accident Litigation - The Road Less Travelled, New York State Bar Association, Torts, Insurance and Compensation Law Section, Fall 2011

"Evaluating Damages Related to Automobile Accident Claims and Selecting the Right Experts", New York State Bar Association, Automobile Litigation: Update and Strategies, Spring 2006

“Joint and Several Liability and also the Interplay of CPLR Art. 16-

Motor Vehicle Accidents,” New York State Bar Association, 1998

The attorneys at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf advocate for clients' full financial recovery through detailed, meticulous preparation for trial. If you happen to be injured in the automobile, truck or bus accident, please Contact our firm to talk about your case.