Causes of Car Accidents in NY
If you’ve been involved in a New York car accident, your injuries, medical bills, and vehicle repair costs are likely the main things on your mind. However, it’s also vital to identify how the crash occurred and who was responsible for it. Without these two facts, you can’t hold whoever caused the collision accountable and recover the compensation you need to move forward.
At Dalmata, Maloy, & Burke, LLP, we have over 30 years of combined experience representing injured New Yorkers in car accident claims and other personal injury cases. Our proven track record in representing accident victims in the Capital Region has earned us a reputation for legal excellence. Our clients frequently return to us because they know we value the relationship we have with them, we make ourselves available 24/7 to answer their questions, and we never treat them as simply a case number.
Discover for yourself the difference DMB Legal can make in fighting for the compensation and accountability you deserve. Contact us today to schedule a free, no-obligation case review. Your consultation is fully confidential, and you pay nothing unless we successfully resolve your auto accident claim.
How a Schenectady, NY, Attorney Can Help with Your Car Accident Claim
Car accidents that result in injuries often lead to complicated legal cases. There are intricate rules and procedures to follow, and the insurance companies care more about their profits than about making sure you have the necessary resources for a full recovery. You need a lawyer to simplify your life, protect your rights, and fight for a full and fair settlement from the insurers.
DMB Legal can help you with your car accident claim by doing the following:
- Investigating the Accident Thoroughly – You won’t have to track down evidence to support your claim because we’ll do it for you. We can gather police reports, witness statements, dashcam footage, surveillance videos, and expert opinions to build a strong foundation for your claim.
- Handling All Insurance Communication – Insurance adjusters will likely pressure you to accept a low offer or say something that hurts your case. We can handle all conversations with the insurers, so you don’t have to worry about saying or doing the wrong thing.
- Determining the True Value of Your Claim – We look at more than just your immediate medical bills to assess your claim’s value. We’ll also include your long-term treatment costs, lost income, pain and suffering, and any impact on your future earning capacity to maximize your potential compensation.
- Negotiating Aggressively for a Full Settlement – We always push for the maximum amount available under the law. That includes compensation from your no-fault insurance and potentially from the at-fault driver’s liability coverage, depending on the severity of your injuries.
- Taking Your Case to Court if Needed – If the insurance company won’t negotiate fairly, we’re fully prepared to file a lawsuit and represent you at trial.
- Guiding You Step by Step – From the moment you contact us, we’ll explain your rights, answer your questions, and walk you through every part of the claims process so you always know what’s coming and what to expect.
What Compensation Could I Be Entitled to for My Car Accident Injuries?
Your compensation after a New York car accident starts with your no-fault insurance. Per state law, all auto insurance policies issued in New York must include this coverage. Your no-fault benefits, which usually top out at $50,000, are available to you no matter who caused the accident.
However, car accidents can easily cause more than $50,000 in medical expenses, lost wages, and other losses. If your losses exceed your no-fault coverage, you can file a claim with your insurer for additional medical and wage loss expenses. However, you might be able to sue whoever caused the accident for additional compensation for pain and suffering in specific circumstances.
To file such a car accident claim against another party, you must show that your injuries exceed the “serious injury” threshold under New York law. Under New York law, serious injuries include:
- Permanent loss of a bodily organ, member, system, or function
- Broken bones
- Dismemberment
- Severe disfigurement
- Any injury preventing you from performing your typical daily activities for 90 days during the first 180 days after the crash
Meeting these requirements is only the first step in winning additional compensation. You must also prove that whoever you sue acted negligently, meaning they didn’t take reasonable steps to avoid causing the collision. A lawyer from DMB Legal can help you make a persuasive case, and your compensation could include money for the following:
- Lost income and reduced future earnings
- Current and future medical expenses related to the accident
- Pain and suffering
- Emotional distress
- Reduced quality of life
- The cost to repair or replace your car or other damaged property
How Long Do I Have to File a Car Accident Injury Lawsuit in New York?
In most cases, New York law allows an injured person three years from the date of the accident to file a lawsuit against the party who harmed them. However, you should contact a lawyer right away. Critical evidence can deteriorate quickly, businesses or state agencies might delete surveillance footage, and eyewitnesses’ memories can fade.
Waiting to contact an attorney and initiate legal action also suggests your injuries aren’t severe, which makes it harder to convince an insurer to offer a fair settlement. Reach out to DMB Legal today for a free, no-obligation case review, where we can assess your situation and explain your legal options.
What Are the Most Common Causes of Car Accidents?
Some of the more common causes of car accidents in New York include the following:
Distracted Driving
Using a phone, texting, adjusting the radio, eating, grooming, or talking to passengers takes drivers’ eyes, hands, or minds off the road. Even a few seconds of distraction at highway speeds means traveling hundreds of feet without a driver’s full attention, which can result in rear-end crashes, sideswipes, or worse.
Driving Under the Influence
Alcohol, illegal drugs, and some prescription medications can severely impair drivers’ judgment, coordination, and reaction times. Drunk or drugged drivers often speed, miss traffic signals, or drift into oncoming lanes, wreaking havoc due to their irresponsible decisions.
Reckless Driving
Reckless drivers’ unpredictable behavior makes it hard for others to avoid a crash, especially in congested areas like I-890.
Road Rage/Aggressive Driving
When drivers let their anger take control, they may tailgate, swerve toward other cars, or block or chase another driver. These aggressive actions can escalate quickly and end in catastrophic accidents.
Fatigued or Drowsy Driving
Drivers who haven’t had enough sleep may become drowsy or fall asleep, which can cause them to lose control and crash. Drowsy driving is particularly dangerous late at night or early in the morning, when people’s alertness naturally drops.
Speeding
Speeding reduces drivers’ ability to steer safely around curves or objects in the roadway. It also increases their chances of losing control and the severity of injuries when a crash happens.
Elderly Drivers
As people age, physical and cognitive changes can affect their driving skills. Older drivers may struggle with limited vision, slower reflexes, joint pain, or medication side effects that make it harder to respond quickly to road hazards.
Teen or New Drivers
New drivers, especially teenagers, often lack the experience to handle sudden changes in traffic or weather conditions. They may overcorrect, misjudge distances, or become distracted by passengers, all of which increase the likelihood of collisions.
Tailgating or Following Too Closely
Following another vehicle too closely is a common cause of rear-end collisions. If the car in front brakes suddenly, a tailgating driver often can’t stop in time, especially in wet or icy conditions common in New York winters.
Poor Weather
Heavy rain, snow, ice, and fog make driving conditions far more dangerous. Slick roads reduce traction, and poor visibility makes it harder to see traffic signals, lane markings, or other vehicles. Every driver should adjust their driving to the conditions, but not all will do so.
Poor Road Conditions
Neglected infrastructure (potholes, faded lane lines, broken lights, debris, etc.) can cause a driver to swerve or lose control. These issues are especially common in rural or poorly maintained areas of New York.
Failure to Yield
Yielding is essential when drivers are merging, turning left at intersections, or allowing pedestrians to cross the road. Unfortunately, many drivers misjudge who has the right of way or ignore their responsibility to yield altogether, which often leads to side-impact crashes or pedestrian injuries.
Failure to Stop
Running red lights or stop signs often leads to violent crashes, especially at intersections. These accidents frequently result in severe injuries because they occur at full speed with little time for other drivers to react.
Inexperienced Drivers
Drivers of any age who are new behind the wheel may panic, hesitate, or respond poorly under pressure. They might freeze in a dangerous moment, take turns too sharply, or miss warning signs entirely.
Unsafe Lane Changes
Failing to signal, drifting between lanes, or cutting off another car without checking blind spots are all common causes of highway crashes. Larger vehicles like trucks and SUVs are especially prone to causing catastrophic accidents during unsafe merges.
Dangerous Turns
Failing to signal, turning from the wrong lane, or misjudging a gap in traffic can catch other drivers off guard and cause head-on or sideswipe collisions.
Vehicle Defects
Some accidents result from poor maintenance or manufacturing defects, rather than driver errors. Brake failure, blown tires, engine problems, and faulty lights or airbags can lead to crashes or make a bad accident worse.
Contact an Experienced Schenectady, NY, Car Accident Lawyer Today
A car accident can drastically change the course of your life, creating lasting injuries and trauma. You should not have to bear the weight of these difficulties alone, especially when you didn’t cause the crash that harmed you.
Our attorneys at DMB Legal have over three decades of experience protecting the rights of the injured, and we can provide the legal and emotional support you need as you rebuild your life. Contact us online or call us today for a free, no-obligation case evaluation. You pay nothing for us to start working on your case, and there are no fees unless we recover compensation on your claim.