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Schenectady Head-on Car Accident Attorney

a head-on car accident on a street

Head-on collisions are among the most destructive accidents on Schenectady’s roadways. If you got hurt because another driver struck your vehicle head-on, you may be entitled to substantial compensation for your injuries and losses. 

Let the experienced team at Dalmata, Maloy, & Burke, LLP provide the personal attention and support you need while you heal. We have an extensive track record of success for accident victims in New York’s Capital Region and a reputation for service-oriented legal representation. 

Contact us 24/7 for a free initial consultation with a head-on car accident lawyer in Schenectady, NY.

How Head-On Collisions Happen

Head-on collisions typically occur when one vehicle departs its lane and crosses into oncoming traffic. Common causes include:

  • Distracted driving
  • Impaired driving
  • Speeding
  • Driver fatigue
  • Unsafe passing
  • Curves or slippery roads 
  • Poor visibility
  • Confusion at an intersection
  • Failure to follow traffic signs 

What Personal Injury Protection Covers

Under New York’s no-fault insurance system, your own personal injury protection (PIP) coverage should pay for specific losses related to a head-on crash, regardless of who caused the collision. Basic no-fault coverage generally pays up to $50,000 for these losses:

  • Reasonable and necessary medical bills
  • 80 percent of your lost earnings
  • Certain other accident-related expenses, such as household services

However, head-on crashes tend to cause catastrophic injuries requiring a lengthy and expensive recovery process. Most PIP policies don’t provide enough funds to account for these extensive losses.

What Does PIP Not Cover?

Not every loss you sustain in a head-on collision is covered by your PIP policy. For example, you might need to pursue other sources of head-on collision compensation for:

  • Pain and suffering
  • Emotional distress
  • Other non-economic losses
  • Vehicle repairs or other property damage

When Can You Leave the No-Fault System to Sue?

The no-fault system makes it possible for injured people to recover compensation without having to prove someone else was at fault. But the law also provides a path for seriously injured victims to pursue head-on car accident claims against at-fault drivers and potentially recover compensation for losses not covered by PIP. 

A Schenectady head-on car accident attorney at DMB Legal can review the facts and determine whether stepping outside the no-fault system is possible in your case.

What Is New York’s Serious Injury Threshold?

The key factor that determines whether you can pursue a head-on accident lawsuit is whether your injury meets New York’s serious injury threshold. Some examples of car accident injuries that meet this standard under NY ISC § 5102(d) include:

  • Fractures
  • Significant disfigurement
  • Dismemberment
  • Loss of a fetus
  • Permanent loss or limitation of a body part, organ, or function

Compensation Available Beyond PIP Benefits

Pursuing a head-on accident claim outside the no-fault system opens you up to compensation for a variety of losses that PIP doesn’t cover. Depending on the facts of your case, you may seek recovery for:

  • Medical expenses that exceed the available no-fault benefits
  • Costs of long-term medical care or rehabilitation
  • Full income losses
  • Reduced future earning capacity
  • Physical and emotional pain and suffering
  • Loss of quality of life
  • Property damage

Your financial recovery depends on the severity of your injuries, the extent of your losses, available insurance coverage, and evidence supporting your claim.

Why Hire a Schenectady Head-On Car Accident Lawyer?

After a head-on car crash, you likely have more on your plate than you can handle. Between attending doctor appointments, receiving treatment for your injuries, completing rehabilitation or physical therapy, and managing the overall disruption an accident of this nature can cause to your life and finances, you may have little energy left over for your personal injury claim.

That’s why you need a skilled Schenectady head-on accident attorney from DMB Legal. Our firm has over 30 years of combined experience and has recovered millions for accident victims harmed by other parties’ negligence. When you come to us with your car accident case, you can rely on us to provide the personalized care and attention you deserve – you’ll never be treated as just another case number. 

As one client wrote about her experience with us:

“Dalmata, Maloy & Burke, LLP is top rate. Their commitment to their clients goes above and beyond. They focus on details and the best for their clients. Choosing them to represent you will not disappoint.” – Deb F.

FAQs

At DMB Legal, we often get questions from our clients about their rights after a head-on collision and the legal process in general. Here are answers to some of the most common ones.

Can I sue the other driver after a head-on accident?

NY ISC § 5104 limits lawsuits arising from motor vehicle accidents, but you may have the right to file a lawsuit against the at-fault driver when your claim meets the serious injury threshold. Our experienced car accident attorneys can determine whether your injuries and losses allow you to seek compensation beyond no-fault benefits.

How long do I have to file a personal injury lawsuit in New York?

NY CVP § 214 generally gives you three years from the accident date to file a personal injury lawsuit. However, certain exceptions can shorten or extend that deadline, so it is best to seek legal advice as soon as possible to protect yourself after a head-on crash.

What if I was partially at fault for the crash?

You may be entitled to compensation under NY CVP § 1411 if your share of fault is less than the other party’s. However, New York’s comparative negligence law reduces the amount of money you receive in proportion to your share of responsibility. This rule doesn’t apply to no-fault claims.

Contact a Schenectady Head-On Car Accident Lawyer at DMB Legal Now

If you suffered injuries in a head-on collision another driver caused, you may be facing serious physical and financial limitations and an uncertain path forward. Turn to the highly determined and reputable head-on accident attorneys at DMB Legal for the representation you need. 

Ready to learn more about how we can fight for the justice and financial recovery you deserve? Contact our office right away for a free consultation with a head-on car accident lawyer in Schenectady, NY.