Queens Car Accident Lawyer
A car accident can be a disastrous event in a person’s life. Unfortunately, with the rise of technology, more and more drivers are distracted as they drive. Thus, accidents are also on the rise.
If you were involved in a car accident causing injury to yourself or others, speaking to a Queens car accident lawyer can help you decide on the next steps in moving forward.
After an accident, you will be dealing with financial and physical problems. With a personal injury attorney supporting you, you can at least lessen your concerns about how to deal with the court system and insurance companies.
Queens Accident Statistics
The Department of Health has put together statistics regarding car accidents in Queens. From 2012-2014 the study found that car injuries were the 4th leading cause of injury related deaths, the 3rd leading cause for emergency room visits and the 2nd leading cause of injury related hospitalizations.
Additionally, the study found that because of car accidents, every month:
- 1,315 Queens residents went to the emergency room
- 8 Queens residents died
- 114 Queens residents were hospitalized
What are the Car Accident Laws in Queens?
The N.Y. C.P.L.R. § 214(4) has a statute of limitations that denies cases past three years from the date of the accident. However, an injured individual should not delay in filing a case because unforeseen complications could come up, making it more difficult to prove the elements of the case.
If someone has suffered injuries from a car accident, they may need the help of a Queens car accident lawyer to help them recover money for the cost of medical expenses, loss of income, or pain and suffering.
Their lawyer will have to prove that the other driver was negligent and caused the accident. Proving negligence requires that all the elements were met.
The first element is that there was a duty of care owed by the party. For car accidents, it is generally that the driver owed a duty of care to drive carefully and reasonably.
The second element must show that the duty was breached. When it involves a car accident, it would need to be shown that the other driver was careless.
Next, it must be shown that the injury was directly and proximately caused by the breach of duty. A direct cause means that the injury would not have happened but for the other party’s breach or carelessness. A proximate cause means that the injury was foreseeable and there was no other intervening cause.
Finally, the last element of negligence requires that there was an actual injury. For a car accident, that injury would most likely be physical injuries and property damage to the cars involved.
What is Contributory Negligence?
Queens follows a theory of contributory negligence when assessing how damages should be calculated. This means that if both sides are negligent, the amount of damages is reduced by the amount of negligence attributed to the plaintiff.
In a car accident, if both sides are injured and both sides are partially at fault, the total amount of damages will be decreased by the amount of fault.
For example, if someone was injured in a car accident and suffered $100,000 in damages but a jury found that they were 20% at fault in the accident, the most they can recover is $80,000.
How a Queens Car Accident Attorney Can Help
The legal elements of negligence are difficult to understand and harder to prove. A Queens car accident lawyer can help you prove that these elements have been met. Even if you do not want to go to court, a lawyer can help negotiate a settlement with the other party or insurance company.