Auto Accident Lawyer New York
5 Helpful Tips for a NYC Auto Accident case
In New York State, many different laws come into play when a car accident occurs. In addition to proving “negligence” or fault, a person must also prove with medical evidence that they suffered a “serious injury.” The definition of what a “serious injury” is continues to be litigated in the Courts.
Regardless of who is at fault for a traffic accident in New York, an injured person may be entitled to coverage for medical expenses and lost earnings up to $50,000. Those rights may be lost unless certain forms are promptly filed with the correct insurance company. Additional benefits may also exist from the car insurance policies of anyone living within the same household as the person injured.
BBNR has been litigating New York Auto Accidents for over 40 years. Many of our clients are hit in the rear. The law gives a presumption of fault against the offending vehicle that causes a rear-end collision.
There are many other presumptions besides a rear-end accident dictating who has the right of way when a car accident occurs, including when a left turn is made, a U-turn is made, and when a pedestrian is crossing within the marked crosswalk. When these type of accidents occur a good personal injury lawyer will make a motion for summary judgment as soon as possible to win liability as a matter of law. That means the court will decide that the defendant is automatically at fault before a jury even hears the case. When that happens, the only issues that will be remaining for trial is whether the person injured has sustained a “serious injury” under the New York State No-Fault Law and if so, what amount to award for compensatory damages. We aggressively make such motions and have an excellent success rate. These winning decisions helping our clients with early settlements or verdicts can be viewed on our motions page.