Proving Negligence in Drowsy Driving Car Accidents
In New York, any driver who injures or kills another due to negligence faces the possibility of reckless driving or negligent homicide charges, both of which are criminal in nature. However, even if criminal charges are not brought or no fatalities occur, auto accident victims and their families have the option of seeking restitution in civil court. In a civil claim, the plaintiff must prove that the defendant was negligent by a preponderance of the evidence—a standard that means it is more likely than not that the defendant's negligence caused the accident. In these kinds of claims, negligence may be proven by:
- Providing evidence that the driver of the vehicle that caused the accident failed to brake prior to the collision – This can be shown by a lack of skid marks at the scene of the accident. When there are no skid marks present at the scene of the accident, it suggests that the driver failed to brake to avoid the collision, which may provide circumstantial evidence that the driver was asleep or tired.
- Providing evidence that the driver experienced an extended period of sleep deprivation prior to the collision. Although often difficult to demonstrate, sleep deprivation can sometimes be proven via witness corroboration.
- Providing evidence that the driver was asleep at the time of the accident. Like sleep deprivation, this can be difficult to demonstrate without witness corroboration.
- Producing cell phone records that demonstrate a period of long-distance travel by the driver immediately before the accident. Geographic records can often be collected from cell phone data, and records demonstrating long-distance travel by the driver prior to the crash may provide circumstantial evidence of drowsiness.
- Providing evidence that the driver was prescribed certain medications. Some medications cause drowsiness. If it can be demonstrated that the driver of a vehicle involved in an accident was on such medication at the time of the collision, then this indicates that the driver's drowsiness may have caused the accident.
Contact Our NY Car Accident Lawyers For Immediate Assistance
If you've been involved in a serious auto accident, you may face any number of financial, physical, and emotional challenges as you attempt to put the pieces of your life back together. Unfortunately, in the midst of this, you may find yourself dealing with complex matters related to no-fault insurance coverage and whether you have grounds for a personal injury action for serious injuries.
A New York car accident attorney at Barket Epstein can offer guidance in this difficult time. New York is a no-fault state when it comes to auto accidents, which means that medical expenses and lost earnings are covered without a victim needing to prove fault. Your own insurance provider will likely provide coverage for accident-related injuries. In serious accidents that cause disabling injuries or death, however, personal injury actions may be filed to ensure a victim can recover complete compensation for his or her injuries/losses. Our personal injury division is equipped with the experience and resources to help you take the appropriate steps toward a swift, positive result.
Navigating insurance claims and potential legal actions can be overwhelming amidst recovery. Our team provides comprehensive support, ensuring you understand every step of the process, from initial claim filing to potential court proceedings. We are committed to ensuring that you receive the compensation necessary to cover medical bills, lost wages, and any other expenses incurred as a result of the accident.
For dedicated advocacy, call (888) 779-0267 now or contact us online to schedule your case evaluation with a compassionate New York auto accident attorney.
How New York's No-Fault Insurance Impacts Car Accident Claims
New York's no-fault insurance law requires drivers to carry Personal Injury Protection (PIP) coverage. This provision ensures that in the event of an accident, a driver’s own insurance covers medical expenses and lost wages, regardless of who was at fault. This system is designed to reduce litigation in minor accidents, allowing for quicker reimbursement. However, no-fault insurance doesn’t cover everything, such as pain and suffering, which can only be claimed in more severe accidents.
At Barket Epstein, understanding the intricacies of no-fault insurance is a keystone in how we advise our clients post-accident. We delve deeply into how insurance claims are processed under current state guidelines, ensuring that our clients receive the maximum entitled coverage. While navigating these claims can be complex, our comprehensive support services elucidate every nuance, helping clients maneuver through the convoluted legal and insurance landscapes to secure equitable compensation.
Frequently Asked Questions About Car Accidents in New York
What Should I Do Immediately After a Car Accident in New York?
After a car accident, your priority should be safety. First, ensure that you and any passengers are unharmed and move to a safe location. Call 911 to report the accident and request medical assistance if necessary. It's vital to exchange information with the other parties involved, including names, addresses, insurance details, and vehicle license numbers. Furthermore, take photographs of the scene, including any vehicle damage, road conditions, and visible injuries. Documenting the incident thoroughly can aid immensely in legal proceedings later. After leaving the scene, notify your insurance company and consider consulting with a car accident lawyer to get advice tailored to your circumstances.
How Is Fault Determined in a Car Accident in New York?
In New York, determining fault in a car accident involves evaluating the actions of all parties involved to ascertain negligence. Police reports, eyewitness accounts, and evidence collected at the scene contribute to establishing fault. However, New York’s no-fault insurance system complicates this, as personal injury claims primarily seek compensation through one's own insurance. Regardless, determining liability is crucial in severe accidents where damages exceed the covered PIP benefits, as it allows for further legal action to recover additional costs. Our team at Barket Epstein is adept at scrutinizing accident details to assess fault accurately and prepare a robust legal argument.
What Compensation Can I Receive From a Car Accident Claim?
Compensation from a car accident claim in New York depends on the accident's severity and the injuries sustained. Generally, victims can recover economic damages like medical expenses, rehabilitation costs, lost wages, and any future loss of earning capacity. Non-economic damages, such as pain and suffering or emotional distress, may also be pursued in cases involving serious injuries. At Barket Epstein, we work diligently to quantify both tangible and intangible losses to ensure our clients receive comprehensive compensation. By evaluating each claim thoroughly and leveraging our industry knowledge, we aim to maximize settlement outcomes for those affected.
Is There a Time Limit for Filing a Car Accident Claim in New York?
In New York, the statute of limitations for filing a car accident claim is typically three years from the date of the accident. However, this can vary depending on the nature of the claim and the parties involved. For instance, if a government entity is involved, the time frame may be shorter. Seeking legal counsel early is crucial to preserving your rights and ensuring all deadlines are met. Our team at Barket Epstein ensures prompt action, guiding clients through the process efficiently to safeguard their right to pursue a claim.
Why Should I Hire a Car Accident Lawyer in New York?
Hiring a car accident lawyer significantly enhances your ability to navigate the complexities of accident claims. An experienced lawyer understands the intricacies of New York traffic laws and insurance requirements, allowing them to provide strategic advice tailored to your situation. They can negotiate effectively with insurance companies to maximize settlements and represent your interests in any legal proceedings. At Barket Epstein, we are committed to supporting clients throughout this stressful process, ensuring their rights are protected and that they receive the compensation they are entitled to.
