Auto Accident Lawyer Serving the Hudson Valley and Long Island
Auto accidents have many causes, whether it is lack of experience, inclement weather, or simple negligence. Despite improving technology in today’s automobiles, the number of car accidents continues to rise. In 2009, according to the National Highway Traffic Safety Administration (NHTSA), there were 11 million car accidents nationwide. If you or a loved one was injured in a car accident, please call us. With over 40 years of combined experience, the personal injury attorneys at Ingber & Provost can help.
Common Causes of Auto Accidents
According to the NHTSA, by far, the most common cause of car accidents is driver error. Usually, drivers make mistakes on the road because of distracted driving. Talking on cell phones, texting, and eating are common distractions.
Oftentimes, it could be the conditions on the road, whether it is snow, rain, hail, or anything that may cause driving conditions to change. All it takes for an accident to occur is one driver’s failure to drive more cautiously or to compensate for more difficult driving conditions.
Laws Regarding Injury Claims
In the state of New York, injured victims are given 3 years to file a claim. This is called a statute of limitations, and if the claim is filed after the three-year period, the court will most likely decline to hear your case, regardless of how much merit the case may have had.
If you are injured, even if you are partially at fault, it is important that you consult with a licensed New York attorney experienced in personal injury law. New York is a pure comparative negligence state, which means that an injury victim will recover based on the distribution of fault, even if the victim is also at fault. For example, if a truck driver hits the driver of a car, and the driver of the car is 20% at fault while the truck driver is 80% at fault, the driver of the car will recover 80% of his or her damages. In other words, you can still recover even if you share some of the fault.
New York is a No-Fault Insurance State
Certain states are called “no-fault” states, and New York is one of them. Generally, for accidents resulting in less than $50,000 of medical bills and lost wages, the claim would be handled through your no-fault insurance policy. This means that regardless of who is at fault, it is your insurance company that will pay part or all of your medical bills and lost earnings. The purpose of this statute was to reduce the number of injury claims in the court system. Hence, if an accident is deemed “minor” according to the statute, recovery will be no more than $50,000 for medical expenses and lost wages combined, and it will be handled between you and your insurance company. If you were a pedestrian, you would be covered by the no-fault insurance policy of the car that hit you. If you are a passenger in a car, the no-fault policy of the car that you were in would cover you.
For no-fault claims, you only have 30 days to file, and you are also required to cooperate with your insurance company. Failure to do so can entitle your insurer to terminate your claim.
If your accident falls into the category of a “serious injury,” you may file a claim against the party that caused your injury. Determining whether your injury constitutes a “serious injury” under the law requires competent legal representation. Both no-fault claims and claims against the other party can be extremely complex, so it is crucial that you contact the experienced Hudson Valley auto accident lawyers at Ingber & Provost to represent you in your personal injury claim.
Call Ingber & Provost
The Hudson Valley attorneys at Ingber & Provost have 40 years of combined experience and can help you with your personal injury claim. The law regarding personal injury in the state of New York can be overwhelming, and hiring the right attorney could greatly affect the handling of your case as well as your peace of mind. Here at Ingber & Provost, we strive to provide our clients with the greatest level of care, and we look forward to serving you and your loved ones in your time of need. Call us today at 845-733-2720 for a free consultation.