Compensation Following an Auto Accident

Each year, over 1,000 people die in traffic accidents on New York’s roads, and almost 140,000 accident victims end up in the emergency room. Serious motor vehicle accidents often leave people with severe injuries that prevent them from working. Often, this results in substantial financial distress, as victims struggle to keep up with mounting medical bills while not earning an income.

At Russo Law LLP, our personal injury attorneys in Ossining, NY represent car accident victims and help them get the compensation they deserve. We're committed to client service and, unlike many other law firms in the area, are highly responsive to our clients’ needs. To schedule a FREE consultation with one of our personal injury attorneys, contact us in Yonkers or New York City. When you work with Russo Law, you won't pay a fee unless you win your case!

Common Types of Car Accidents

Our firm has experience handling all types of car accident claims, often involving the following types of collisions:

• Rear-end collisions
• Sideswipe accidents
• Side-impact collisions
• Rollovers
• Head-on collisions

Each type of collision presents unique evidentiary issues, especially if no video has captured the accident. For example, the damage alone from a side-impact collision doesn't really tell us anything about who is at fault, as either driver could have had the right of way. When fault is in question, our team will conduct a thorough analysis of the facts and seek expert opinions when necessary to ensure that each case we handle is brought to the most favorable resolution possible.

Serious Injuries Stemming From a Car Accident

A car accident can cause minor injuries or life-altering ones. Our clients have suffered many kinds of injuries, such as:

• Cuts, scrapes, and abrasions: These injuries usually heal on their own within a matter of months, but some cuts can become infected or leave scarring.
• Whiplash: Motorists often experience this soft-tissue injury when rear-ended. The head extends past its normal range and then whips back, tearing muscles and ligaments in the neck.
• Broken bones: Any bone can break from the force generated in a car accident. Bones that break into several pieces often require surgery to insert a pin, screw, or plate to keep the bones together.
• Internal organ damage: The damage is often hard to identify, and internal bleeding can lead to coma and death.
• Traumatic brain injuries: Any blow to the head or body can cause the brain to change how it operates. Many victims experience impairments with vision, speech, memory, and mobility. A victim’s mood or personality might also change.
• Spinal cord injuries: Any injury to the spinal cord can lead to loss of mobility or sensation in the limbs. Some victims end up permanently paralyzed.

After an accident, motorists should immediately go to the hospital to receive treatment. Accident victims have a duty to try and minimize their injuries, so be sure to follow your doctor’s advice. In addition, even if you don't think you're seriously hurt, it’s important to obtain official documentation describing the nature and severity of your injuries.

New York's No-Fault Insurance Laws

In the 1970s, New York became a “no-fault” insurance state. Every driver is required to have at least $50,000 in personal injury protection benefits, which help cover medical expenses and lost wages after an accident. Because these benefits are no-fault, it does not matter who caused the accident. No-fault benefits help injured motorists receive compensation without having to go through a lengthy lawsuit. However, $50,000 might not be enough to cover your losses, especially if your injuries are serious. Surgery or admittance to the hospital can quickly lead to hefty medical bills. For this reason, motorists can bring a lawsuit to receive additional compensation if they sustain a “serious injury” as defined by New York’s insurance laws.

Establishing Fault in New York

If you decide to sue, your personal injury attorneys in Yonkers, NY will need to show that the other driver is at fault for the accident. Generally, this means pointing to a negligent or reckless action that the driver took that caused the collision and your injuries. Some of the more common examples of driver negligence that can easily lead to a serious accident include:

• Driving while impaired by drugs or alcohol
• Distracted driving
• Driving while texting or talking on the phone
• Driving too fast for conditions
• Tailgating
• Illegal passing
• Running a red light
• Failing to yield
• Failing to use a turn signal

As an accident victim, it’s important to remember that negligence can be difficult to spot, so you should always have an attorney review your case after an accident. If you don’t, you could be walking away from significant compensation to which you are legally entitled. Schedule a FREE consultation with Russo Law. Our personal injury attorneys in Ossining, NY can visit you in the hospital and even provide transportation to our office, if necessary.

Comparative Fault

Sometimes, both drivers are negligent and contribute to the collision. New York law once prohibited a driver from suing if their negligence contributed in any way to the accident. This meant that a driver could be 1% responsible for the crash, but they were prevented from holding the other driver (who was 99% responsible) accountable in court. Today, the laws have thankfully changed, and you can bring a lawsuit even if you were partially to blame. In fact, you can be up to 99% to blame for your injuries and still receive compensation, so long as someone else is 1% responsible. There are many ways you can be contributory negligence, such as:

• Failing to wear a seat belt
• Failing to use a turn signal
• Stopping your vehicle abruptly
• Being momentarily distracted

Because of your contributory negligence, the amount of compensation you can receive will be reduced by your percentage of fault. If you have $200,000 in damages but are 50% responsible, then the maximum you can receive is $100,000.