Westchester Car Accident Lawyers
Grant & Longworth is your Westchester car accident lawyer. We have recovered in excess of $100 million dollars in settlements and verdicts, including an $11.2 million Westchester Supreme Court jury verdict in a car accident case. Located in Westchester County, NY, Grant & Longworth aggressively represents car accident victims all across New York State. If you were injured in a car accident, you may be entitled to substantial compensation.
I was in a Car Accident. Can I Sue the Other Driver?
Quite possibly. If another driver was negligent, you were injured, and the other driver’s negligence is the cause of your injuries, you may have grounds for a lawsuit.
What is New York Car Accident “No-Fault” and Does it Prevent me from Suing?
Like 11 other states, New York is a “no fault” state with regard to car accident insurance and liability.
No-fault simply means that even if the carelessness of another driver is found to have caused an accident, your own insurance company is required to pay for certain things such as property damage and minor injury.
If you suffer a serious physical injury, New York no-fault is not likely to preclude you from seeking compensation in court from a careless driver who caused an accident. No-fault does mean that fault cannot be assigned for an accident, or that you cannot sue.
It merely holds that your own insurance company is responsible for the first $50,000 of medical treatment you may need, regardless of whether or not another driver may be at fault. Note: New York no-fault law does not apply to motorcyclists or their passengers.
Definition of Negligence in New York Car Accidents
How do New York courts determine negligence in car accident cases? They look to a number of factors. These include whether the driver causing the accident was disobeying traffic signs or signals, failed to signal while turning, the extent to which a person drove above or below the posted speed limit, or whether the driver was under the influence of drugs or alcohol. A driver may also be liable for an injury-causing accident due to his or her intentional or reckless conduct. A driver who is reckless is one who willfully and or wantonly disregards a high risk that his or her conduct will cause an accident.
New York Car Accident Lawsuit Statute of Limitations
In general, as per New York Consolidated Laws, Civil Practice Law and Rules § 214 (4), the time limit for filing personal injury claims related to car accidents in New York is three years. Note: there several exceptions, particularly when government entities are involved. The time limit for filing such claims can be as short as 90 days.
Westchester Hit and Run Accident/No Insurance
If you were hit by someone who fled the scene of the accident, or a driver with no insurance, it is likely that you can still recover monetary compensation for your injuries. Uninsured/underinsured motorist coverage, which all insurance polices include, is designed for this situation.
For more information on protecting yourself against hit-and-run drivers, see Westchester car accident lawyer George N. Longworth’s blog post on uninsured/underinsured motorist coverage.
Common Westchester Car Accident Locations
Like most areas, Westchester County has certain roads that have a reputation for being highly prone to car accidents.
Many of the county’s major thoroughfares were originally constructed many years ago and were not originally designed to handle the volume of traffic that is present today. These historic roads include the Bronx River Parkway (1922), Cross County Parkway (1947), Hutchinson River Parkway (1928), Saw Mill River Parkway (1954) and Taconic State Parkway (1925).
It is not just the historic Westchester parkways that are conducive to car accidents. Just over the border into Putnam County, the interchange between I-684 northbound and I-84 eastbound has been recognized by the New York State DOT as one of the most dangerous roadways in the state.
Advice from a Westchester Car Accident Lawyer
If you are in a car accident that involves anything other than minor property damage, actions you take (or fail to take) can have a significant impact with regard to the the value of your case.
At the Scene
- Call the police and request that an officer respond to the scene. The major roads in Westchester are patrolled by the New York State Police and Westchester County Police, with secondary roads being handled by local police departments. All can be reached by calling 911.
- Do not minimize your injuries. If the 911 dispatcher asks if anyone is injured and you are in pain, say “yes.”
- If you are injured, consider seeking medical attention immediately, including transport from the scene to the hospital.
- If you were not transported to the hospital by ambulance and you are in pain after the accident, seek treatment at the emergency department.
- Be sure to report any and all injuries, no matter how insignificant they may seem at the time.
- Take notes. Get video and or photos if possible.
- Consider contacting a Westchester car accident lawyer immediately.
- Do NOT speak with a representative of ANY insurance company, including your own insurer, until consulting with an attorney.
- There is a good chance that any call with an insurance representative will be recorded.
- Continue to seek follow up treatment as necessary.
Speak With a Westchester Car Accident Lawyer Today
Whether you were in a car accident on I-287 in White Plains, I-87 in Yonkers, I-95 in New Rochelle, or any highway or local road throughout the state of New York, a Grant & Longworth attorney can help.
When you contact us, you will speak with an experienced Westchester car accident lawyer, not just an assistant or paralegal.